Legal Sources Research Articles

Legal Issues Transformation Certificate Electronic Based on Land Registration Policy Electronic Based

A land rights certificate is proof of ownership of land rights for the holder of the land rights in question. The impact resulting from current advances and technological developments can create new legal acts. Initially, electronic certificates were not in line with the considerations of the Ministerial Regulation because a policy emerged among the public which reaped many objections. This study aims to identify legal issues related to the electronic issuance of certificates based on the land registration policy, as stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 on Electronic Certificates. This study employs normative legal research, relying on both primary and secondary legal sources. Data was gathered through a thorough review of relevant literature. The research utilizes a statutory approach, focusing on the analysis of legal regulations. The research results show that First data security and privacy side, second lack of legal certainty over land, and third Land problems are land disputes that still occur frequently. The policy of launching electronic certificates based on the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 1 of 2021 has the potential to cause legal problems in the land law enforcement process

Legal Protection for Victims of Sexual Violence in Higher Education from a Victimology Perspective

Sexual violence is a serious issue in higher education institutions. To address and combat sexual violence in universities, several regulations have been enacted, including Ministry of Education, Culture, Research, and Technology Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education, which was later replaced by Regulation No. 55 of 2024, along with the Law on Sexual Violence Crimes. This paper aims to examine the legal protection for victims of sexual violence in universities and explore the application of a victimological perspective for further understanding. The research employs a juridical-normative methodology, utilizing primary and secondary legal sources, as well as non-legal materials. The findings indicate that the regulation of victim protection in higher education is adequately addressed in Ministry of Education Regulation No. 55 of 2024. However, efforts to enhance victim protection could be further strengthened by adopting a victim-centered approach, victim-centered justice, and other victimology-based solutions.

ШҮҮГЧ ХЭРЭГ ХЯНАН ШИЙДВЭРЛЭХ АЖИЛЛАГААНААС ТАТГАЛЗАН ГАРАХ ТУХАЙ

An individual citizen has right to be restored and to be constituted thefull power of right by the jurisdiction of the respective court if one’s right which isunder the constitution and another legal act is violated. …every individual citizen ... inthe case, and equality rights on the basis of a transparent manner and in the UniversalDeclaration of Human Rights “is entitled to judgment subject only to the law othersaffected by all the demands of justice, “...every person can have a fair trial ... right”to guarantee the basic legal sources referred to in Article 16 of the Constitution ofMongolia depends on that review process should fulfill its obligations in accordancewith the procedure established by the judge.The judge will respect the human rights and the law and follow the principle ofbeing respectively responsible for one’s compulsory activity including directing oneselfinto the state of neutral, independent and objective point of view in order to judge acase. The judge will refuse to judge and get involved in the case if one has a query ofbeing under circumstances of colliding the legal act or difficulty of following respon-sibility of compulsory activity.It is deliberately manifested after learning of court’s practical case in the imple-mentation of legal regulation about judge’s conflict of interests and justification ofwithdrawal implementation of the legal regulation.

Autonomous Weapons Systems for Policing – A Jewish Ethical Perspective

ABSTRACT Autonomous Weapons Systems (AWS) are being developed around the world to improve national security both externally and internally. But allowing machines – incapable of recognizing the inherent worth of a human being – to take the life of human beings is to treat humans as objects and thus violate their dignity. Drawing from Jewish legal sources, this paper contends that, while human dignity is an important value, the values of societal harmony and preservation of life take precedence. Consequently, agencies tasked with safeguarding national security, whether military or police, need not be restrained by concerns over potential indignities AWS may impose.

Levels of support and consumer perceptions of cannabis regulations in Canada

ABSTRACT Background: Canada legalized cannabis for adult (recreational) use in 2018, alongside regulations on the sale, use, and possession of cannabis. To date, there is little evidence on consumer perceptions and support of cannabis regulations. Objectives: This study examined perceptions of nine cannabis regulatory policies, including differences by cannabis consumption and provincial policy. Methods: National survey data were analyzed from Wave 5 of the International Cannabis Policy Study conducted online in 2022 with 16,812 Canadians aged 16+ years, 62% of which were assigned female-at-birth. Weighted logistic regression models examined support for nine policy variables. Results: Support among Canadians was greatest for health warnings on cannabis products (62.6%), legalization for adult use (58.5%), and retail store window-coverings (49.2%), followed by a vaping/extract THC limit (40.1%), retail store density (35.5%), government-only store models (34.6%), the THC limit on edibles (32.3%), and advertising restrictions (31.8%). The 30 g purchasing limit had the least consumer support (10.1%). As consumption increased, opposition generally increased, although support remained high among consumers. Compared to non-consumers, daily consumers were more likely to oppose window-coverings (OR = 1.43, CI95 = 1.16–1.75, p = .001). Where policies differed provincially, few differences in support were observed. No differences in support for THC limits on vaping/extracts were observed between Newfoundland, Nova Scotia, and Quebec versus the rest of Canada, despite stronger vaping/extract regulations (OR = 1.05, CI95 = 0.87–1.28, p = .597). Conclusion: Canadians generally support existing cannabis regulations that were implemented to support public health. The high level of support among consumers suggests that the comprehensive regulations may not undermine transitions to legal retail sources.

Financing for Development: International Legal Issues

INTRODUCTION. The global financial system plays a crucial role in development financing, ensuring economic stability and growth. However, the existing international financial architecture, primarily shaped by the Bretton Woods institutions, has been criticized for its inefficiencies, lack of inclusivity, and inability to meet the financial needs of developing economies. This article explores the legal dimensions of development financing, focusing on the governance of the International Monetary Fund (IMF) and the World Bank, the role of Special Drawing Rights (SDRs), and the broader implications of financial reforms on global economic governance.MATERIALS AND METHODS. This study employs a multidisciplinary legal approach, integrating international legal analysis with economic perspectives. The methodology includes a review of primary legal sources such as treaties, institutional regulations, and UN resolutions, alongside secondary sources, including academic literature and reports from international financial organizations. Comparative and historical analyses are used to assess past and present reform efforts.RESEARCH RESULTS. The findings indicate that the current financial system disproportionately favors developed economies, limiting access to development financing for low-income and emerging economies. High borrowing costs, inadequate debt relief mechanisms, and restricted access to SDRs exacerbate economic inequalities. Recent reform proposals within the IMF and World Bank seek to address these disparities by adjusting voting rights, expanding SDR allocations, and revising financial regulations to promote fairer global economic governance.DISCUSSION AND CONCLUSIONS. The study underscores the need for a fundamental restructuring of the international financial system to ensure equitable access to development financing. While recent proposals signal progress, their implementation depends on political will and international consensus. Future reforms should focus on enhancing transparency, strengthening financial resilience, and ensuring that global financial institutions serve the collective interests of all nations, not just the most economically powerful ones.

United Nations Convention against Cybercrime, 2024 – the Outcome of «Cyber Compromise»?

INTRODUCTION. Today the international legal regime of cyberspace is in need of more accurate, additional regulation, since there are some particular aspects, such as cybercrime, where there is no universal legal source of law (i.e. international treaty). According to the author’s opinion, the artificial prolongation of the negotiation process can be justified by the desire of certain states to «master» a new territory of international law in advance, while being guided by the provisions of domestic legal regulation. For a long time the international community at the UN level had no mechanisms of influence on illegal activities in this domain. Thus, the number of cybercrimes committed in cyberspace was rapidly increasing, since cybercriminals resorted to the anonymity of this space. The recognition by states as primary subjects of international law of the growing problem of cybercrimes in the absence of the valid universal source of international law more than twenty years later led to the creation of the United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, 2024.MATERIALS AND METHODS. This article is based on the references to the works of Russian and foreign specialists studying new provisions of the UN Convention against Cybercrime, 2024, as well as some theoretical issues in the field of international criminal law, devoted to the problem of application by states of the so-called «principle of active jurisdiction» and “principle of passive (personality) jurisdiction”. In addition to general, basic research methods such as analysis, synthesis, induction and deduction, the author uses special research methods, such as comparative legal method for a comprehensive study of the international legal position of states on the issue of cybercrime. The subject of this study is international relations of the UN member states related to cooperation in suppressing and combating cybercrimes.RESEARCH RESULTS. As a result of the study, the author identifies two main problematic aspects of the implementation of the document: 1) passive personality jurisdiction, and 2) the issue related to the protection of personal data. There is a probability that instead of the stated goals of the UN member states to fight crimes, committed in cyberspace, the main efforts of these actors will be aimed at the right to construe the provisions of the Convention against Cybercrime, guided by the norms of domestic legislation.DISCUSSION AND CONCLUSIONS. The current legal tendency is that the rules of the legal regime of cyberspace are dictated not only by states as the main subjects of international law, but by leading IT companies and private organizations asserting the right to autonomous regulation with only minimal participation of states as well as international organizations. Despite the fact that the UN Convention against Cybercrimes has been adopted, each state perceived its final goal differently when drafting the text of the document. Some states remain skeptical and suppose that the final convention has certain legal lacunae and thus prefer to use the 2001 Budapest Convention to combat cybercrimes.

Caregiving and Jurisprudence: A Sociolegal History of the Family and Implications for Nursing

ABSTRACTThis study examines the sociolegal construction of the family, its impact on informal caregiving, and the implications for family nursing. Nurses were among the first healthcare workers to recognize the family as a crucial site of growth, development, and recovery from illness. Despite widespread endorsement of family‐centered principles, actual practice often falls short of ideals, and there is limited empirical evidence supporting the effectiveness of family‐based interventions. Through analysis of historical, legal, and sociological sources, this study argues that nursing has not reckoned with the family's transformation from a public entity into a private repository of dependency care. The findings suggest that family nursing would benefit from greater attention to the legal, gendered, and economic dimensions of the family.

Legal Analysis of a Foundation's Legal Entity Status under Law Number 28 of 2004: Intersection of Social and Commercial Interests

This study aims to analyse the legal status of foundations by Law No. 28 of 2004 and to examine the legal implications of the misuse of foundation functions between social and business interests. Foundations, as non-profit legal entities, play a strategic role in social and educational activities; however, in practice, there is a potential for the misuse of their functions for business activities that conflict with their social goals. This study employs a qualitative method, combining a literature and legislative approach, which analyses various legal sources and related provisions to explore the legal regulations surrounding foundations, their role in social and business activities, and the legal implications of a foundation deviating from its social goals. The results of the study indicate that although Law No. 28 of 2004 provides a clear legal basis for foundations, the practice of misusing foundation functions for business activities can still occur. Therefore, strict government supervision and adherence to the principles of transparency and accountability are necessary to ensure that foundations continue to operate in accordance with the social goals mandated by law.Keywords: Foundation; legal entity; Law No. 28 of 2004; social activities; business activities; legal implications

Enhancing Legal Certainty through Legal Reform in Indonesia: Problems and Efforts to Strengthen Legal Institutions

Legal certainty is a fundamental aspect of the rule of law in Indonesia, as mandated in the 1945 Constitution. However, legal uncertainty persists due to the weakness of legal institutions, which undermines public trust, social stability, and economic growth. This study explores the challenges faced by key legal institutions—police, prosecutor’s office, and judiciary—and their impact on legal certainty. The research employs a normative legal method with a conceptual approach, analyzing secondary legal sources to assess the effectiveness of legal enforcement mechanisms. Findings indicate that corruption, inadequate infrastructure, limited human resource capacity, and inefficient judicial processes hinder the ability of these institutions to uphold justice. To address these issues, comprehensive legal reforms are essential, focusing on enhancing institutional capacity, enforcing transparency and accountability, integrating technology, and fostering public participation. Strengthening oversight mechanisms and implementing ethical standards for law enforcement officials are also crucial. By adopting these measures, Indonesia can build a more transparent, effective, and just legal system that upholds the rule of law and restores public confidence.

An Islamic Criminal Law Perspective on the Misuse of Subsidized Fuel: Case Study of Decision No. 116/PID.B/LH/PN PSB

This study examines the legal considerations used by the Panel of Judges in imposing criminal sanctions on the defendant in Decision No. 116/Pid.B/LH/2023/PN Psb regarding the criminal act of misuse of government-subsidized fuel trading. Although Article 55 of Law Number 22 of 2001 on Oil and Gas stipulates a maximum penalty of six years in prison and a fine of up to Rp60,000,000,000.00, the defendant was only sentenced to six months in prison and fined Rp50,000,000.00. This study aims to analyze the judge's rationale for imposing the sanction and to examine the verdict from the perspective of Islamic criminal law. This research employs a qualitative approach using a case study method. Primary data was obtained through direct interviews with judges at the West Pasaman District Court, while secondary data was collected from books, journals, legislation, and Islamic legal sources such as the Qur’an and Hadith. The findings indicate that the judge's considerations in sentencing were based on the elements of the criminal act under Article 55 of Law No. 22 of 2001 jo. Article 55, paragraph (1) of the Criminal Code, available evidence, and aggravating and mitigating factors. Additionally, the judge considered consistency with previous decisions that have permanent legal force to prevent sentencing disparities in similar cases. From the perspective of Islamic criminal law, the defendant’s actions fall under jarimah ta'zir as they constitute an unlawful act that does not fall within hudud or qisas. While the act could be linked to the concept of al-baghyu (rebellion), the absence of violence or weapon use classifies the punishment under ta'zir, allowing the judge discretion in determining the appropriate sanction.

Aligning State Finance Regulations with SOE Bankruptcy Policy: Evidence from the United States

Existing regulations governing the execution of state-owned enterprise (SOE) assets in Indonesia lack coherence, resulting in legal uncertainty and inconsistencies between state financial policies and bankruptcy laws. This misalignment is evident in the conflicting interpretations of Constitutional Court Decisions No. 48/PUU-XI/2013 and No. 62/PUU-XI/2013, as well as contradictions among the State Finance Law, State Treasury Law, State-Owned Enterprises Law, and Bankruptcy Law. This study aims to examine these regulatory uncertainties and propose solutions that promote legal certainty and justice. This research adopts a normative legal methodology, utilizing a legislative approach and comparative analysis, with a particular focus on the United States as a reference model. The study draws on primary and secondary legal sources, which are analyzed using a deductive method. The findings highlight three key aspects: first, there is significant disharmony within Indonesia’s financial and bankruptcy regulations concerning SOEs. Second, in contrast, the United States provides a more structured bankruptcy framework that facilitates business resolution while allowing for government intervention in cases where bankruptcy poses a systemic risk. Third, the study presents several policy recommendations to align Indonesia’s state financial and bankruptcy regulations with those governing SOEs, ensuring a more coherent and just legal framework. The findings of this study suggest that the Indonesian government should consider these recommendations to enhance policy frameworks for executing SOE assets, particularly within Limited Liability Company, thereby ensuring a balance between financial accountability and economic stability.

Wasiat Wajibah dalam Sistem Kewarisan Islam di Indonesia: Studi Kasus Yurisprudensi dan Implikasinya bagi Ahli Waris Non-Muslim

This article aims to analyze the regulations regarding compulsory bequests (wasiat wajibah) in the Islamic inheritance system in Indonesia, particularly concerning non-Muslim heirs. The primary focus is to understand how Indonesian jurisprudence and regulations respond to and accommodate the inheritance rights of heirs of different religions. The methodology used in this research is a normative juridical approach, encompassing legislative analysis, case law, and examination of legal documents such as the Compilation of Islamic Law (KHI) and Supreme Court decisions. The findings reveal that although traditional Islamic legal sources like the Quran, Sunnah, Ijma, and Qiyas have not yet accommodated compulsory bequests for non-Muslim heirs, the development of Indonesian jurisprudence has begun to recognize these rights. Supreme Court rulings, such as Decision Number 368 K/Ag/1995 and Number 51 K/Ag/1999, have paved the way for the acknowledgment of compulsory bequests to non-Muslim heirs. These decisions indicate the judges' efforts to balance justice and equality in a pluralistic society. The regulation of compulsory bequests in Indonesia has experienced significant development by including non-Muslim heirs in the inheritance scheme through compulsory bequests. This reflects the adaptation of Islamic law to the evolving social context and demonstrates the commitment of Indonesian judicial institutions to interpreting the law in a more inclusive and equitable manner. This jurisprudence is crucial for providing justice to all parties, regardless of religious differences, and showcases the flexibility of Islamic law in addressing contemporary societal needs.

Freedom of Association in Contemporary China: An Examination of its Structure, Content, and Nature

Abstract The exploration of freedom of association in China has particular significance due to China’s unique socio-political landscape. This article reviews the general legal structure that governs freedom of association in China from the perspectives of legislature, administration, and courts, and provides an in-depth analysis of the legal sources and contents of the relevant laws and regulations while revealing the limitations faced by the associations and their members. It discusses the nature of freedom of association in China and examines its implications for the development of associations in the long term.

Sociological Juridical Analysis of The Causing Factors of Purchasing a House with Mortgage and Cash Facilities That Have Not Received a Certificate of Ownership (Study in Balikpapan City)

Certificates are legal evidence that can be accounted for in case of legal problems. There are many problems that occur when the buyer has not yet obtained a certificate of title to the land either with cash payments or those who have completed a mortgage. This research is sociological juridical research with legal sources obtained through interviews and documentation which were conducted and obtained directly from PT. The Ethics & AW of the City of Balikpapan which can practically be used as a reference in the implementation of a house sale and purchase agreement between the seller and the buyer did not go well, which resulted in losses for home buyers. So that the seller in this case has committed an act of default because he has violated the sale and purchase agreement with the buyer, namely not giving a certificate to the buyer who bought in cash or who has completed the mortgage in accordance with the agreement. The master certificate from PT.X is a certificate in the name of the director himself not in the name of the company so that in the split only 4 units are allowed per month. And the master certificate in the name of the company has not yet been renamed to each buyer and the certificate is currently in the process of guaranteeing Mortgage at Bank.

Особенности международного инвестиционного арбитража и его отличия от международного коммерческого арбитража

This article conducts a comparative analysis of two types of international arbitration – investment arbitration and commercial arbitration – considering the nature of the dispute as the primary material-legal criterion for distinguishing between international commercial arbitration and international investment arbitration. The rele-vance of the topic is underscored by the current lack of a unified approach to key issues of arbitration and a clear classification of material-legal criteria for differentiating the aforementioned types of arbitration. Conse-quently, there arises a necessity to investigate the concept of international investment arbitration as one of the alternative methods of dispute resolution, as well as to analyze the similarities and differences between inter-national investment arbitration and international commercial arbitration for the purpose of determining the ap-plicable legal sources. The aim of this article is the characteristics of investment arbitration as an institution for examining investment disputes within the realms of public and private competencies, along with the essence of its process, taking into account the specific nature of the parties’ agreement under an international investment treaty for the resolution of disputes in investment arbitration. The topic reflects the problem of legal regulation and the search for alternative approaches to the resolution of disputes arising from investment relations. Since investment arbitration arises in the process of exercising State power, it usually affects issues of State and pub-lic interest that go far beyond the issues arising from the entry of the State into commercial relations. Invest-ment arbitration exists in the public sphere and serves as a unique form of mechanism for protecting the rights of foreign investors, based on a private model of judicial proceedings. The objective of this work is to analyze the distinctions between investment arbitration and commercial arbitration, which, despite their apparent simi-larities, are crucial for both domestic legal systems and international law. The methodology employed includes comparative, formal-legal, and analytical methods.

The Impact of International Commercial Arbitration Treaties on Legal System of Pakistan: A Focus on Foreign Arbitral Awards

Objectives: This study examined the impact of international commercial arbitration treaties on Pakistan's legal system with a specific focus on the enforcement and recognition of foreign arbitral awards. The primary objective is to analyze how Pakistan's adherence to international arbitration conventions, such as the New York Convention, 1958 has influenced its domestic legal framework. Additionally, the study aims to identify challenges and opportunities in the implementation of these treaties and their implications for Pakistan's legal and commercial landscape.Materials and Methods: The research employed a doctrinal legal research methodology which involves the analysis of primary and secondary legal sources. Primary data collected from international arbitration treaties, relevant statutes, related to foreign arbitral awards. Secondary sources encompass scholarly articles, books, and reports on international arbitration and its impact on domestic legal systems. The study also examined application of the New York Convention in Pakistan in perspective of the international commercial arbitration and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011.Implication: The findings reveal that Pakistan's adoption of New York Convention, 1985 has significantly enhanced its legal framework for the enforcement of foreign arbitral awards. However, challenges such as judicial reluctance, procedural delays, and a lack of awareness among legal practitioners persist. The study highlighted the need for legislative reforms, capacity building for the judiciary and increased awareness among stakeholders to fully realize the benefits of international arbitration treaties.Results and Discussion: The analysis demonstrated that international arbitration treaties have contributed to the modernization of Pakistan's arbitration laws aligning them with global standards. The enforcement of foreign arbitral awards has improved, fostering greater confidence among foreign investors. However, the study identified gaps in the implementation process, including inconsistent judicial interpretations and limited institutional support for arbitration. The discussion emphasizes the importance of addressing these challenges to strengthen Pakistan's position as an arbitration-friendly jurisdiction.

The Right to Regulate vs Investment Protection: Unveiling the Causes of Imbalance and the Limits of Current Reform Efforts in International Investment Law

Abstract This article examines the tension between the right to regulate and the principles of investment protection within the framework of the investor-State dispute settlement mechanism. The analysis employs a combination of legal doctrinal sources and case law to gain insight into the manner in which these concepts are balanced and to identify the underlying causes of the current imbalance between them. The article determines three principal causes for the observed lack of balance in the system: the failure to understand, recognise, and utilise the public interest, the lack of universal and systematic evaluative criteria, and the lack of legal certainty and predictability. It then assesses current reform efforts in international investment law to determine whether they adequately address and eliminate these causes, concluding that they do not.

Southeast Asia Against Human Trafficking by the Sea: Comparison between Indonesia and The Philippines

This study compares efforts to prevent human trafficking (TPPO) via maritime routes between Indonesia and the Philippines. TPPO is a transnational crime involving sexual exploitation, forced labor, and online fraud. This study employs a normative juridical approach, examining the implementation of the United Nations Convention against Transnational Organized Crime (UNTOC) and the ASEAN Plan of Action in both countries. This study is based on a qualitative literature study, utilizing secondary data from both primary and secondary legal sources. The findings indicate that Indonesia has implemented Law No. 21 of 2007 on the Eradication of Human Trafficking, while the Philippines uses the Anti-Trafficking in Persons Act of 2003 and Expanded Anti-Trafficking in Persons Act of 2012. Both nations have strengthened maritime patrols and inter-agency coordination, but the effectiveness of law enforcement still faces challenges, such as limited resources and insufficient training. Another issue is the need for enhanced cross-border cooperation. This study recommends strengthening regional collaboration, raising public awareness, and improving victim protection measures. These findings aim to contribute to better TPPO policies in Southeast Asia, especially in Indonesia and the Philippines.

Hierarchical connection in the system of sources of EU tax law

The article examines the hierarchical structure of the EU legal sources system and the interconnections between them, with a particular focus on tax law. It explores the institutionalization of values within the European legal system and the mechanisms through which these values are codified and implemented. The study emphasizes the necessity of properly incorporating EU legal norms into the national tax legislation of member states to ensure the uniform application of harmonized tax rules. Special attention is given to the pursuit of systematization and structuring in tax law, which is an indication of the advanced development of the EU’s legal system. The importance of EU tax law sources is described, as they form a hierarchically organized structural-functional model. Specifically, the sources of EU tax law, as external forms of expression of tax-legal norms, are quite diverse in both quantity and content, and together they constitute a structurally functional system based on hierarchical principles, which is determined by the corresponding structure of EU law. A key aspect of the analysis is the classification of EU legal sources into primary and secondary law, highlighting their hierarchical relationship. The research emphasizes that while primary sources, such as the founding treaties, establish the constitutional foundation of the EU legal system, secondary sources – comprising regulations, directives, and decisions – serve as instruments for legislative implementation. However, the diversity of normative acts within the EU legal order, including the influence of international treaties and judicial precedents, introduces complexities in determining the exact hierarchy of legal sources. The article further explores the coexistence of multiple tax-legal systems, including the supranational EU tax system, national tax regimes of Member States, and regulatory acts at the local government level. It examines the dialectical tension between the principles of fiscal solvency and tax fairness, emphasizing the necessity of legal compromise in resolving conflicts between collective economic interests and individual rights. The study concludes that the evolving nature of EU tax law requires a flexible and adaptive legal framework capable of mediating between competing interests while ensuring legal certainty and coherence within the broader EU legal system.