This study identifies the legal criteria for the admissibility and evidentiary evaluation of statements made by witnesses whose identities are kept confidential in criminal proceedings, ensuring that such statements do not undermine the core of the defendant’s right to a defense or the proper basis for a conviction. This is a basic qualitative, descriptive-explanatory, and non-experimental study. Methods of legal dogmatics and argumentation were applied, using content analysis and electronic records as tools to systematize national and international doctrine and case law. The results show that the admission of testimony from an anonymous witness must be based on the existence of real and verifiable risks to the witness’s safety, under strict control of legality and exceptionality. Similarly, its evidentiary assessment requires the application of the principles of necessity and proportionality, which must, however, be in constant balance with the defendant’s right to a fair trial. It is concluded that such a statement can only contribute to a conviction when it is duly corroborated by other independent and sufficient means of evidence.

This article provides a comprehensive analysis of customs offenses in Albania, with a particular focus on their classification, prosecution, and sanctioning in light of harmonization with European Union customs legislation. Tracing the historical evolution of customs offenses from the Statute of Shkodra to the 2014 Customs Code, the study identifies the gradual shift from a purely national regulatory framework toward alignment with EU standards, including the Union Customs Code (UCC) and relevant directives. The article explores the distinction between administrative customs offenses and smuggling, emphasizing the role of guilt, financial thresholds, and the social danger of the offense as critical classification criteria. It further analyses the principles of legality, culpability, and proportionality in the application of sanctions, including the debate surrounding strict liability in customs matters. The dual nature of customs sanctions, both punitive and reparative, is examined through national jurisprudence and comparative EU case law. In light of the increasing complexity of customs violations and Albania’s EU integration objectives, the article calls for a substantive revision of Title X of the Customs Code to ensure legal certainty, consistency, and procedural safeguards. Particular attention is given to the principle of ne bis in idem, the necessity of individualized penalties, and the shortcomings in current legislative provisions. The article concludes by recommending reforms that balance effective enforcement with the protection of fundamental rights, aligning Albania’s customs legal framework with evolving European legal standards.

This article examines the First Procedural Order (PO 1) in arbitral proceedings through the lens of national jurisprudence. In recent years a growing body of national case law has emerged that delineates the limits of party autonomy, the minimum standards for party participation in issuing a PO 1, and the enforceability of jurisdictional determinations and other procedural aspects contained within it. This article surveys and contextualizes these judicial decisions within the broader practice of arbitral tribunals under various international arbitration rules. The article concludes that decisions taken in the PO 1 may affect the interpretation of the arbitration agreement, the scope of the arbitrators’ Kompetenz-Kompetenz (and thus the competence of national courts to review arbitrability), the powers of the arbitrators during the proceedings, and the enforceability of the final award. In essence, the PO 1 sets the ‘tone’ of the arbitration.

Abstract The phenomenon of systemic discrimination is complex, involving legal, sociological, psychological, historical or political dimensions. In the field of normative sciences, the concept of systemic discrimination is not yet defined in the European or international legislation. The current article discusses the concept of systemic discrimination, particularly focusing on the case of Romania, following a research effort conducted in a multidisciplinary team. Key findings in Romania highlighted the absence of a legal definition of systemic discrimination, despite its indirect recognition of its subcomponents in national case law and administrative practices. The conducted research reveals a complex interplay between historical legal frameworks, current policies, and the practical challenges of addressing systemic discrimination in Romania, showing a need for more robust mechanisms and broader societal acknowledgment to effectively tackle deep-rooted issues that generate systemic discrimination. The final part focuses on possible remedies in case systemic discrimination is recognized, the limitations of such remedies and the legal challenges that arise .

Background. Though technology-facilitated partner stalking is a prevalent form of abuse, prosecutorial research in this field is underdeveloped. Online and offline violence reinforce each other, but this interaction could be leveraged as technology-enabled resistance and evidence. Method. This study employs a doctrinal legal research design, combined with qualitative content analysis, focused on Lithuania’s national-level case law. Fifty-seven court and pre-trial decisions were compiled into a dataset for the study. The main objective of this paper is to identify typical tech stalking behaviors and the criminal law’s response to them. Results and Conclusions. The national case law analysis supports previous empirical findings regarding motivation, typical tactics, and effects of technology-facilitated partner stalking. Deficiencies of national anti-stalking legislation reinforce the difficulties of prosecuting tech abuse. Charging decisions are not consistent and get even more complicated in cases of polyvictimization and non-physical violence. The success of criminal proceedings largely depends on the active involvement of victims, thereby potentially leading to repeat, extended, and secondary victimization. The practice of lenient sanctioning and technical challenges adds constraints on effective prosecution. However, even within the existing national legal framework, there is potential to improve the criminal law’s response by developing digital literacy of the population, building specialized professional capacities (both legal and technical) within law agencies, and expanding the responsibilities of tech developers.

This study deals with the legal regime of the patient's right to damages for non-pecuniary damage (moral or biological) caused by medical malpractice. The Civil Code of the Republic of Moldova introduced a new regulation of treatment services on 1 March 2019, inspired by the Draft Common Frame of Reference of the European Union (DCFR). It regards the patient-provider relationship as a contractual relationship. Therefore, the patient's claim for damages is contractual in nature. At the same time, the Civil Code allows, in this matter, for competing claims, so that the patient can base the same claim on the law of torts. The national case-law on the measure of damages for medical malpractice has not yet been systematized, most likely because it is not abundant. Therefore, local judges should take as a reference point the amount of damages awarded by the local courts in cases unrelated to medical malpractice.

This study deals with the legal regime of the patient's right to damages for non-pecuniary damage (moral or biological) caused by medical malpractice. The Civil Code of the Republic of Moldova introduced a new regulation of treatment services on 1 March 2019, inspired by the Draft Common Frame of Reference of the European Union (DCFR). It regards the patient-provider relationship as a contractual relationship. Therefore, the patient's claim for damages is contractual in nature. At the same time, the Civil Code allows, in this matter, for competing claims, so that the patient can base the same claim on the law of torts. The national case-law on the measure of damages for medical malpractice has not yet been systematized, most likely because it is not abundant. Therefore, local judges should take as a reference point the amount of damages awarded by the local courts in cases unrelated to medical malpractice.

La doctrina de la real malicia a la luz del caso "Carmelo Augusto Vicente Castiglioni C/ A.B.C. COLOR y otros S/ indemnización de daños

Financing Collective Actions and Strategic Litigation in Europe: The Role of Third-Party Funders in the Shadow of the Procedure

The general rhetoric of applying criminal principles to administrative law is common, and this view is also present in national environmental case law. For its part, individually, in the area of culpability, the so-called “negligence per se” has become established in the jurisprudence of the matter, which in this work will be analyzed in order to point out its distance in relation to criminal principles, even with the lifeline of nuances.

The article focuses on the principle of equality in employment relations. It is interested in the relationship between the principle of equality and the prohibition of discrimination. In the introduction, it establishes the thesis that these are two different principles with a separate legal regime. It also assumes that over time the two principles will converge. The answer to the questions posed is sought using methods of interpretation of legal norms, drawing inspiration from national case law and Polish legislation.

The purpose of the study was to conduct a comprehensive analysis of the problems of legal protection of intellectual property in Ukraine’s digital en- vironment and to propose ways to improve the national legal system. The research was based on comparative and systemic analysis methods, within which national legislation, case law, statistical data, and international experience were examined. The study revealed a significant gap between Ukraine’s progressive legislative framework – harmonised with European standards – and the extremely low efficiency of its practical implementation. It was established that pirated content dominates the Ukrainian digital market, exceeding the legal segment many times over, while the level of legal response remains minimal, as evidenced by the small number of court verdicts in copyright infringement cases. The main institutional obstacle was identified as the absence of a specialised High Court for Intellectual Property, which leads to inconsistent case law, pro- cedural delays, and a low level of trust in the justice system. The analysis of judicial practice showed that, although courts apply the principles of the presumption of authorship and proportionality when determining compensation, the process remains lengthy and complex. Ukraine continues to lag signifi- cantly behind leading international practices in areas such as online platform liability, pre-trial dispute resolution, and the fight against cross-border infringements. The results of the study can be applied in legislative activities aimed at further improving national legislation in the field of intellectual property. The formulated recommendations may also serve as a basis for the effective implementation of the Strategy for the Digital Development of Innovative Activity of Ukraine and the modernisation of law enforcement practice

The aim of this article is to present issues related to a child’s obligation to maintain contact with their parent in light of the principle of the best interests of the child, which is a fundamental directive of family law. The author points out that such contact is not only a right but also a duty of the child, the purpose of which is to protect their own well-being and not solely the interests of their parents. The analysis is conducted from a primarily legal perspective, but also from an axiological and psychological perspective, taking into account national case law. It is emphasized that this obligation exists from birth and does not cease upon reaching the age of majority, as the family bond is permanent and accompanies the child throughout their life. Maintaining contact with a parent strengthens the child’s sense of security, belonging, and identity, which means that this duty should be understood as an instrument for protecting the child’s welfare and a foundation for proper development, rather than a formal legal burden.

This article explores the notion of European consensus on selected socially sensitive issues – same-sex relationships, abortion, euthanasia, and assisted suicide. It investigates how these topics are addressed in Western and Central-Eastern Europe, with particular attention to the interplay between EU law and national legal and political frameworks. The research focuses on how customary change is negotiated through legal norms, political debate, and social values. It asks how EU integration and European case law influence national policymaking, and how differing historical and political contexts shape policy divergence. The study is based on a qualitative and comparative methodology, combining legal analysis of European case law, comparative review of national legislation and case law, and discourse analysis of EU institutional debates. Findings suggest that Western European countries generally implement more progressive reforms, while Central-Eastern European states proceed more cautiously, constrained by conservative traditions. The article concludes that while EU legal standards exert integrative pressure, local contexts continue to define the limits of normative convergence. A balance between liberal and conservative approaches is necessary to maintain both legal coherence and cultural pluralism within the EU.

Implementing the decisions of the European Court of Human Rights (ECHR) within Ukraine’s national judicial system, particularly in criminal and civil proceedings, is a pressing issue in the context of the country’s European integration and ongoing legal reforms. Despite Ukraine's formal commitments under the European Convention on Human Rights, systemic deficiencies, including chronic underfunding of enforcement institutions, continue to undermine compliance. This has resulted in mounting financial liabilities, encompassing compensation payments and reputational costs, thereby imposing a substantial strain on the state budget. The relevance of the study lies in the growing economic consequences of Ukraine's non-compliance with ECHR decisions, especially in cases of systemic violations such as Burmich and Others v. Ukraine, which exposed institutional failures in executing domestic judgments. The objective of this research is to conduct a comprehensive economic and legal analysis of the implementation of ECHR decisions in Ukraine, with a focus on criminal and civil justice. The objective of the present study is twofold: firstly, to identify the key economic risks and institutional shortcomings affecting compliance, and secondly, to propose reforms to mitigate these risks and shortcomings. The methodology employed is founded upon the principles of the comparative legal method, formal logical analysis, and systemic-structural approach. The examination encompasses national legislation, case law, and international best practices. The results of the study demonstrate that the primary barrier to effective implementation is the lack of dedicated budgetary funding, despite recent efforts by the Ministry of Justice to improve enforcement. The article concludes that it is essential for sustainable reform that legal obligations are aligned with financial planning.

Abstract The training of Artificial Intelligence (AI) models relies on extensive amounts of “data,” often sourced from content protected by copyright, related and sui generis rights. The discussion of whether and how to strike a balance between licensing and exceptions under copyright law is one of global relevance. While some countries have adopted or considered adopting specific exceptions to allow text and data mining (TDM), others (most) have not introduced any new legislation. In Europe, much of the attention has so far centred on Article 4 of Directive 2019/790 (DSMD), including in the context of a potential UK reform. The starting point of this contribution is the following four-fold observation. First, TDM may be part of AI training processes, but it is neither synonymous with AI training nor is it all that AI training entails, including in terms of acts restricted by copyright and related rights. Second, from a European (thus including both the EU and the UK) perspective, limiting the attention to Article 4 DSMD is myopic, as national case law demonstrates. Third, calls have recently been made to relax EU copyright rules to facilitate “research,” seemingly including the President of the European Commission herself, who announced forthcoming legislative proposals “to make Europe the home of innovation again.” Fourth, the UK Government’s Copyright and AI consultation has recently ended: should no reform be ultimately undertaken, the application of the existing TDM exception will depend to a large extent on how courts construe the notions of “research” and the “non-commercial” requirement thereof. Moving from the above, this study investigates whether and to what extent unlicensed AI training activities could be undertaken by relying, not on Article 4 DSMD as transposed into national law or a hypothetical reform of the UK system of exceptions, but rather on what appear to be so far potentially overlooked defences. Reference is made specifically to research and education exceptions, notably Article 3 DSMD and Article 5(3)(a) of Directive 2001/29 (InfoSoc Directive), also read in light of Article 5 DSMD. The discussion of other jurisdictions – including the US and countries, like South Korea and Singapore, which have adopted open-ended fair use-style defences – is also undertaken. This is done to determine whether unlicensed AI training, including training seemingly done for the purpose of research or education/learning, might be considered lawful. In light of the context summarized above, the study tackles two key questions: (a) whether unlicensed AI training may be classified as “research” or even “learning” in the context of “teaching,” and (b) whether commercial AI developers may take advantage of the provisions above. Ultimately, both questions are answered in the negative, finding that no exception or open-ended defence fully covers unlicensed AI training activities. As a result, a licensing approach (and culture) appears to be the way for AI training to be undertaken lawfully, including when this is done for “research” and “learning.”

Platform contracts are a central element of digital work and therefore present a number of legal challenges, in particular with regard to the classification of the legal relationship based on them. In this paper, the two forms of platform work, work on demand via apps and crowdwork, are analysed, with a separate analysis which highlights legal doctrinal inconsistencies. In doing so, we will also discuss the related problematic and varied jurisprudence. This jurisprudence illustrates the complex dispute between the worker and the platform company. Finally, the new Platform Directive of the European Union, which may not hold the key to a real solution to the problem of setting up an appropriate legal qualification system for platform workers, will be analysed. The study is based on the desk-research method, presenting national and EU legislation and case law through qualitative analysis.

This article investigates the challenges and limitations related to the extinction of criminal liability and the right to be forgotten in the digital age. The objective is to analyze how permanent access to personal data influences the image of individuals who have not been criminally punished but remain exposed to social judgments. The central problem can be formulated as follows: is it legitimate and legally admissible to keep digital records of extinct criminal acts indefinitely, even when there has been no formal punishment by the State? The issue becomes relevant in view of the social stigmatization resulting from the persistence of this information, especially on online platforms. The research is justified by the need to establish guidelines that harmonize these fundamental rights in a context of heightened digital exposure. A qualitative approach is employed, based on a literature review and an analysis of national and international case law. The main hypothesis is that the implementation of public policies, combined with technological solutions, can mitigate the effects of social stigmatization resulting from the persistence of criminal records on the internet. The study concludes that adopting legislative, educational, and technological measures is essential to ensure the dignity of individuals while preserving informational transparency in an increasingly digitalized society.

Abstract The German Federal Court of Justice’s decision in Birkenstock makes a pivotal contribution to the post-Cofemel landscape of national case law, reaffirming and reconfiguring the criteria for copyright protection of works of applied art within the European Union (EU) framework. Rejecting protection for the Birkenstock sandal designs in question, the Court grounded its reasoning on the absence of demonstrable creative choices, framing originality around the author’s intellectual input, rather than aesthetic considerations, cultural relevance, or commercial recognition. Importantly, the Federal Court of Justice retained legacy terminology such as “artistic achievement” while arguably interpreting it through the lens of the case law of the Court of Justice of the European Union (CJEU) and suggesting a reconciliatory model between German jurisprudence and EU law. The judgment emphasises the evidentiary burden placed on claimants to substantiate the exercise of creative freedom and, in doing so, recalibrates enforcement strategies – particularly in design-driven industries like fashion. Rather than signalling a substantive shift in legal foundations, Birkenstock presents a strategic reinterpretation of established national terminology in light of EU harmonisation. Such an approach offers a case study in how national courts respond to supranational standards, while retaining traces of their legal heritage.

In the course of a trial, both the speed of justice and its slowness present virtues and vices that are sometimes difficult to reconcile. From a doctrinal point of view, the temporality of the trial has been explored by various scholars, yet it remains a source of controversy. A fundamental conflict exists between modern proponents of celerity, who advocate for expedited proceedings, and traditionalists, who emphasize the quality of the trial and strict adherence to the rights of the defense. Given these divergent perspectives on trial temporality, between a rapid investigation and one conducted slowly and cautiously, the guarantee of reasonable time is the right solution for reconciling the two extremes of the temporality of the process: speed and slowness. To be in accordance with the concept of reasonable time, celerity must not be so fascinating as to disrupt the balance of power within the trial, undermine procedural formalism, or compromise the rights of the defense. It must be pursued with restraint, in concreto, ensuring that the time saved does not translate into a loss of quality. Although the Burundian Constitution enshrines the principle of the right to be tried within a reasonable time, the notion of reasonable time, as well as its assessment criteria, is not detailed in any legislative or regulatory text, nor is it enshrined in national case law. This gap sometimes leads to unreasonable delays in legal proceedings. In Burundian positive law, the tension between ensuring procedural quality, rooted in the right of defense, and the need for trial expediency, a common issue in well-established rule-of-law countries, is even more pronounced. There are divergent interpretations of the right to a fair trial within a reasonable time among judicial authorities. Some prioritize speed, minimizing delays in the proceedings, while others emphasize thoroughness and quality, ensuring strict adherence to the right of defense and the principle of adversarial proceedings, as enshrined in Article 39 of the Constitution. The development of the article emphasizes on clarifying the problem which affect the temporality of the trial and that of reconciling the speed and the quality of justice in Burundi. The results of this research are derived from doctrine, the jurisprudence of the Human Rights Committee, case law of the European Court of Human Rights and the African Court of Human and Peoples' Rights, as well as Burundian case law. Through the analysis of doctrine, national and international case law, law and judgments, the study aims to evaluate how Burundian positive law reconciles the requirements of speed and those of length of procedures. The discussion of the results is based on a qualitative doctrinal research method. The documentary methodology analyzes legal texts, books, judgments, and rulings with the force of res judicata, along with national and international case law. This article seeks to examine the challenges and issues associated with the right to be tried within a reasonable time in Burundi. Its objectives is to analyze whether the guarantees proclaimed by the Constitution, the African Charter, and other international instruments ratified by Burundi, specifically those related to reasonable trial time, are effectively being implemented. It proposes how the international jurisprudence and its criteria that promote reasonable time can be endorsed in Burundian jurisprudence in order to provide a remedy for unreasonable delays in judicial proceedings. Given the advances made by the case law of the Human Rights Committee, the European Court, and the African Court regarding reasonable time, it is more essential than ever for Burundian positive law to foster a "culture of reasonable time" by reconciling, combining procedural guarantees and valorizing the criteria for good management of trial temporality. The implementation of reasonable time limits for judicial procedures can help to balance the course of the trial in Burundi. It may contribute to avoiding downtime of the trial, periods of inactivity, as well as unnecessary delays. It may also help the Burundian judicial and state authorities maintain control over the investigation process, remain clear-sighted, and serve as the ultimate guardian of both fairness and celerity.