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Volume 15
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Laws, Volume 15, Issue 3 (June 2026) – 24 articles

Cover Story (view full-size image): The increasing use of digital communication among young people has intensified debates over the appropriate legal response to consensual minor-to-minor sexting. While child sexual abuse material laws are designed to protect children from exploitation, they may also inadvertently criminalize the very individuals they seek to protect. This article examines the legal treatment of consensual sexting among minors across the European Union. The analysis identifies three distinct regulatory models and demonstrates that legal frameworks do not always adequately distinguish between sexual exploitation and consensual forms of adolescent sexual self-expression. The study’s central finding is the “child protection paradox”, highlighting the tension between child protection, children’s rights, and criminal law intervention. View this paper
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27 pages, 357 KB  
Article
AI, Evidentiary Authority, and the Right to a Fair Trial in Criminal Proceedings
by Hülya Kocagül and Melik Kartal
Laws 2026, 15(3), 58; https://doi.org/10.3390/laws15030058 - 22 Jun 2026
Viewed by 543
Abstract
AI systems are entering criminal proceedings as evidence producers, risk assessors, and decision shapers, yet the procedural architecture of adversarial and mixed systems was built on the assumption that evidence originates from human actors whose reasoning can be reconstructed and challenged. This article [...] Read more.
AI systems are entering criminal proceedings as evidence producers, risk assessors, and decision shapers, yet the procedural architecture of adversarial and mixed systems was built on the assumption that evidence originates from human actors whose reasoning can be reconstructed and challenged. This article introduces the concept of evidentiary authority—the power to determine what counts as reliable evidence and how much weight it carries—and argues that this authority is migrating from human decision-makers to algorithmic systems without adequate procedural safeguards. The article draws on forensic linguistics and comparative criminal procedure to examine two domains where this migration is most visible: generative AI, which can fabricate or manipulate the texts on which forensic authorship analysis depends, and predictive AI, which feeds opaque risk scores into judicial decisions at stages where adversarial scrutiny is weakest. A structural phenomenon, which the article terms the “inferential catalyst”, is identified: AI outputs that shape proceedings without entering the formal evidence record. These two domains are tested against seven principles of criminal procedure: free evaluation of evidence, immediacy, judicial independence, the right to a reasoned decision, adversarial proceedings, the right of confrontation, and the presumption of innocence. At each principle, the same structural problem recurs: the system presupposes human reasoning that AI outputs cannot provide and that existing procedural mechanisms cannot compel. Six safeguards are proposed as conditions for admissibility: algorithmic transparency, independent auditing, defence access to algorithmic expertise, admissibility standards for algorithmic evidence, enhanced justification obligations, and capacity building. Full article
(This article belongs to the Special Issue Human Rights in the Age of Globalisation: Challenges and Opportunities)
25 pages, 348 KB  
Article
Testamentary Capacity and Succession Agreements in Later Life: A Spanish Perspective
by Jaume Tarabal Bosch
Laws 2026, 15(3), 57; https://doi.org/10.3390/laws15030057 - 19 Jun 2026
Viewed by 459
Abstract
Population ageing is reshaping the assumptions on which succession law has traditionally rested. This article examines how Spanish succession law responds to this demographic shift through two closely connected dimensions: testamentary capacity and the growing role of succession agreements. The analysis adopts a [...] Read more.
Population ageing is reshaping the assumptions on which succession law has traditionally rested. This article examines how Spanish succession law responds to this demographic shift through two closely connected dimensions: testamentary capacity and the growing role of succession agreements. The analysis adopts a doctrinal and comparative perspective within the Spanish legal system, taking account of the coexistence of the Spanish Civil Code and several autonomous succession regimes. It argues that testamentary capacity remains governed by a deliberately low and functional threshold, centred on the testator’s actual ability to form and express a testamentary intention at the time of execution, and that notarial ex ante control is central to preserving both autonomy and legal certainty. At the same time, relational vulnerability in later life requires distinct safeguards aimed at preserving testamentary freedom. The article further shows that succession agreements, often viewed as restrictions on testamentary freedom, may also operate as instruments of anticipatory autonomy. The central challenge is to make autonomy effective across time without confusing vulnerability with incapacity, or protection with constraint. Full article
(This article belongs to the Special Issue Societal and Ideological Challenges for Succession and Inheritance Laws in Today’s Societies)
19 pages, 1884 KB  
Article
Article 5 GDPR in EEA Supervisory Authority Decisions: Enforcement Patterns and Co-Occurring Infringements
by Anamarija Mladinic and Ljerka Luić
Laws 2026, 15(3), 56; https://doi.org/10.3390/laws15030056 - 14 Jun 2026
Viewed by 471
Abstract
Article 5 GDPR sets out the core principles governing the lawful processing of personal data and occupies a central place in the EU data protection framework. However, empirical evidence on how Article 5 is reflected in supervisory practice across the European Economic Area [...] Read more.
Article 5 GDPR sets out the core principles governing the lawful processing of personal data and occupies a central place in the EU data protection framework. However, empirical evidence on how Article 5 is reflected in supervisory practice across the European Economic Area remains limited. This article addresses that gap through an empirical analysis of 790 national data protection authority decisions involving infringements related to Article 5 GDPR, drawn from an initial GDPRhub retrieval pool of 1660 publicly available decisions issued between 25 May 2018 and 15 September 2025. Using structured content analysis, the article identifies recurring infringement patterns, examines the co-occurrence of Article 5 with other GDPR provisions, and analyses selected sectoral, contextual, and outcome-related dimensions of supervisory practice. The findings show that Article 5-related infringements most frequently concern lawfulness, fairness and transparency, data minimisation, integrity and confidentiality, and accountability, and that they often appear alongside infringements of Article 6, Articles 12 to 14, and Article 32 GDPR. The analysis further points to meaningful sectoral variation, while organisation-size findings remain exploratory. Although only a limited subset of the analysed decisions was explicitly AI-related, the recurring legal weaknesses identified in the published decision record remain highly relevant for automated and data-intensive processing environments. Full article
(This article belongs to the Section Human Rights Issues)
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17 pages, 254 KB  
Article
Beyond “Potty Parity”: Public Toilets, Gendered Time Costs, and Institutional Accountability in Everyday Mobility
by Judit Glavanits and Zsolt Fényes
Laws 2026, 15(3), 55; https://doi.org/10.3390/laws15030055 - 13 Jun 2026
Viewed by 518
Abstract
While public sanitation is a fundamental component of urban infrastructure, it is often treated as a discretionary amenity rather than a core public service subject to legal standards of equality and dignity. This article challenges gender-blind approaches to urban planning by examining how [...] Read more.
While public sanitation is a fundamental component of urban infrastructure, it is often treated as a discretionary amenity rather than a core public service subject to legal standards of equality and dignity. This article challenges gender-blind approaches to urban planning by examining how inadequate public toilet provision constrains women’s everyday mobility and presence in public space, raising questions of indirect gender discrimination and regulatory responsibility. Drawing on an exploratory mixed-methods study (N = 97), the analysis combines quantitative assessment of access barriers, qualitative user narratives, and time-based measurement of total restroom use duration to examine patterns of use and waiting with particular attention to gender differences. The findings indicate that hygiene-related concerns are reported across both men and women, without clear evidence of a consistent gender-specific pattern, while women are disproportionately affected by throughput failures, long waiting times, and the absence of care-integrated facilities. At the same time, variation in support for gender-neutral toilet solutions suggests that user acceptance may not align with model-based proposals in the literature. These inequalities reflect an institutional accountability gap with legal implications in the governance of everyday public services. By shifting the focus from numerical potty parity to temporal inequality and responsibility, this article contributes to feminist legal scholarship by situating sanitation within questions of temporal inequality and institutional responsibility. While exploratory in nature, the findings offer empirically grounded insights into inequalities in everyday sanitation governance. Full article
(This article belongs to the Special Issue Law and Gender Justice)
20 pages, 249 KB  
Article
Who Protects Religious Liberty? Judicial Power, Free Exercise, and Civic Thought
by Benjamin Slomski
Laws 2026, 15(3), 54; https://doi.org/10.3390/laws15030054 - 12 Jun 2026
Viewed by 527
Abstract
This paper examines the Supreme Court’s jurisprudence on the First Amendment protection of the Free Exercise of religion by focusing on the Court’s judicial role to provide civic education in America’s constitutional principles. It argues that the Court’s current Free Exercise jurisprudence has [...] Read more.
This paper examines the Supreme Court’s jurisprudence on the First Amendment protection of the Free Exercise of religion by focusing on the Court’s judicial role to provide civic education in America’s constitutional principles. It argues that the Court’s current Free Exercise jurisprudence has ignored the Court’s teaching role by favoring brightline tests that fail to apply constitutional principles to the circumstances of each case. In these cases, the Court has refused to model for citizens how to reflect on constitutional principles and carefully apply them to new circumstances. This hesitancy reflects a greater debate over whether the judiciary or the legislature is the best protection for religious liberty and the proper educator on constitutional rights. Despite the Court’s constitutional role as teacher on constitutional rights, there are inherent limits to its authority to educate on religion given the liberal nature of the American regime. The Court limits itself to legal questions affecting religion and leaves religious doctrine and its truth outside of its cognizance in order to restrain its educative function to the proper constitutional limits. The Court’s Free Exercise jurisprudence thus demonstrates the potential and limits for the Court to protect religious liberty and educate citizens on religious freedom. Full article
(This article belongs to the Special Issue Vol. II of Civic Engagement, Justice, and the Law in a National and International Context)
25 pages, 1546 KB  
Article
Legal Regulation of Sustainable Delivery of Government-Procured Public Elderly Care Services in China’s Moderately Aging Society: Dilemmas and Legalization Pathways
by Yuan Lin and Yue Zhao
Laws 2026, 15(3), 53; https://doi.org/10.3390/laws15030053 - 5 Jun 2026
Viewed by 473
Abstract
As China rapidly transitions to a moderately aging society, the sustainable delivery of public elderly care services has emerged as a critical legal and governance challenge. Government procurement has become a pivotal mechanism through which the state engages both social and market actors [...] Read more.
As China rapidly transitions to a moderately aging society, the sustainable delivery of public elderly care services has emerged as a critical legal and governance challenge. Government procurement has become a pivotal mechanism through which the state engages both social and market actors in providing elderly care services. However, the sustainability of this service delivery mechanism remains constrained by fragmented legal norms, unstable fiscal guarantees, inconsistent service standards, weak supervision, and regional inequalities. This article examines how legal regulation can support the sustainable delivery of government-procured public elderly care services in China. Based on qualitative, desk-based legal and policy analysis, it reviews the evolution of China’s national and local regulatory framework, assesses the current system from the perspectives of institutional, fiscal, social, and governance sustainability, and identifies key legal and institutional dilemmas, arguing that China should construct a hierarchical legal framework, establish stable fiscal guarantee rules, develop unified service standards, strengthen whole-process supervision, and improve legal mechanisms for regional coordination. These reforms would enhance the rule-of-law foundation of government-procured elderly care services and provide a reference for other aging societies seeking sustainable public service delivery models. Full article
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12 pages, 214 KB  
Article
Agricultural Data as a Case Study for Sectoral Data Law: From EU Horizontal Rules to a Spanish Agricultural Data Act
by María Luisa Lara Ruíz and Rosa Gallardo Cobos
Laws 2026, 15(3), 52; https://doi.org/10.3390/laws15030052 - 4 Jun 2026
Viewed by 411
Abstract
The digital transformation of agriculture is rapidly turning the sector into a highly data-intensive domain. The European Union has responded with a broad horizontal framework encompassing the General Data Protection Regulation (GDPR), the Data Governance Act (DGA), the Data Act, the PSI Directive [...] Read more.
The digital transformation of agriculture is rapidly turning the sector into a highly data-intensive domain. The European Union has responded with a broad horizontal framework encompassing the General Data Protection Regulation (GDPR), the Data Governance Act (DGA), the Data Act, the PSI Directive and the AI Act. However, this framework remains sector-neutral: it does not define ‘agricultural data’ as a legal category, nor does it explicitly recognize the specific position of farmers as data providers. This article pursues three objectives: (i) to map the EU legal and policy framework on data and AI as it applies to agriculture and identify regulatory gaps; (ii) to synthesize key concerns from the literature on agricultural data governance, with particular attention to the position of farmers and data spaces; and (iii) to develop an outline of a Spanish ‘Law on Agricultural Data and Digital Agricultural Services’ as an example of sectoral data legislation. The proposed Act—structured around a Preliminary Title and seven substantive Titles—would define agricultural data, recognize farmers as data providers, establish mandatory contractual protections, govern agricultural data spaces and cooperatives, introduce sector-adapted AI rules, address data sovereignty, and set up an institutional framework and graduated sanctions. The analysis argues that sectoral data law can complement EU horizontal rules, enhance legal certainty, and empower farmers without fragmenting the internal market. The article employs a doctrinal legal analysis and normative design-oriented methodology, drawing on secondary literature, policy documents, and EU and Spanish law; it does not rely on original empirical fieldwork. Full article
(This article belongs to the Section Environmental Law Issues)
30 pages, 353 KB  
Article
UASC Hotels: An ECHR Children’s Rights Analysis of a Not So ‘Temporary’ Emergency Measure
by Sarah Atkins
Laws 2026, 15(3), 51; https://doi.org/10.3390/laws15030051 - 3 Jun 2026
Viewed by 724
Abstract
Whilst all asylum seekers find themselves in a difficult position while trying to be recognised as refugees, some are in more perilous situations than others. Those asylum seekers that are unaccompanied (UAS) children are manifestly in greater need of care and protection than [...] Read more.
Whilst all asylum seekers find themselves in a difficult position while trying to be recognised as refugees, some are in more perilous situations than others. Those asylum seekers that are unaccompanied (UAS) children are manifestly in greater need of care and protection than most adult asylum seekers, given their minority (under 18) and being without the protection of a primary carer. Any child who is in the care of the state should always be placed in age-appropriate and safe accommodation and in the care of staff who are properly trained; UAS children are no different. Typically, these functions are performed by local authorities through their social work departments. However, the UK’s previous Conservative government’s practice of using hotels to accommodate UAS children in England from 2021–2024 fell short of its human rights obligations towards UAS children. This paper argues that through this and related policies, the government was actively involved in compounding the victimisation of already susceptible children who had fled their country of origin thinking (mistakenly) that their human rights would be respected here. Full article
(This article belongs to the Special Issue The Shifting Sands of Refugee Protection: Normativity, Crisis, and Contemporary UK Asylum)
17 pages, 1369 KB  
Article
Comparative Analysis of Healthcare Compensation Lawsuits Related to Breaches of the Duty to Inform: The Evolution of Non-Pecuniary Damages in Hungary (2008–2010 vs. 2018–2020) in a European Context
by Adrienn Őri, Ida Ercsey, Eszter Sallai and Helga Judit Feith
Laws 2026, 15(3), 50; https://doi.org/10.3390/laws15030050 - 3 Jun 2026
Viewed by 485
Abstract
The study examines judicial practice regarding claims for damages and non-pecuniary damages (hereinafter: NPDs) arising from violations of the duty to inform in healthcare by comparing two periods (2008–2010 and 2018–2020) in the context of patient self-determination and European trends in patient rights. [...] Read more.
The study examines judicial practice regarding claims for damages and non-pecuniary damages (hereinafter: NPDs) arising from violations of the duty to inform in healthcare by comparing two periods (2008–2010 and 2018–2020) in the context of patient self-determination and European trends in patient rights. The 193 final judgments selected from the Wolters Kluwer Law Database based on keyword searches underwent qualitative content analysis and quantitative processing using SPSS (Statistical Package for the Social Sciences, SPSS version 25.0). A selection criterion was that the judgment should assess on its merits whether the duty to inform had been fulfilled or violated. The real value of the adjudged compensation was compared and normalized in relation to the minimum wage (multiplied by the minimum wage) in order to reveal the actual socio-economic weight of the compensation. The results show that while in 2008–2010, the lack of information was mostly considered an additional element of professional negligence, by 2018–2020, it was recognized as a separate violation of personality rights that infringed on the right to self-determination, and the rate of complete rejection of claims for NPDs decreased. However, the increase in nominal amounts was accompanied only to a limited extent by an increase in the real value of compensation. The findings suggest that Hungarian judicial practice is moving closer to the autonomy-centred European approach, while strengthening the reparative function of NPDs—ensuring compensation that is perceptible in real terms—remains an open task. Full article
(This article belongs to the Section Health Law Issues)
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16 pages, 245 KB  
Article
“He Knew the System”: Coercive Control, Legal Systems Abuse and Survivor Help-Seeking in County Durham
by Demet Asli Caltekin
Laws 2026, 15(3), 49; https://doi.org/10.3390/laws15030049 - 3 Jun 2026
Viewed by 541
Abstract
This article examines how domestic violence victim-survivors in County Durham, the north-east of England, experience help-seeking across criminal justice systems (CJSs) and women’s organisations. County Durham, an area recording the highest rate of repeat domestic violence incidents in England and Wales yet among [...] Read more.
This article examines how domestic violence victim-survivors in County Durham, the north-east of England, experience help-seeking across criminal justice systems (CJSs) and women’s organisations. County Durham, an area recording the highest rate of repeat domestic violence incidents in England and Wales yet among the lowest rates of protective order applications, makes the gap between national reform and victim-survivors’ experiences visible. Drawing on semi-structured interviews with thirteen women who experienced domestic violence and engaged with both statutory and community-based responses, the article employs a survivor-centred analytical framework informed by scholarship on coercive control and legal systems abuse. The analysis reveals four interconnected themes: (i) coercive control as a cumulative pattern of harm (ii) the continuation and escalation of abuse post-separation across emotional, digital, administrative, and legal systems; (iii) the reproduction of powerlessness and loss of agency through evidentiary demands, procedural disempowerment, and institutional disbelief within the CJS; and (iv) the contrasting role of women’s organisations, which restore agency. Building on these findings, the article argues that the CJS do not merely fail domestic abuse survivors; they may reproduce the conditions coercive control depends on. In this context, women’s organisations function not as supplementary services but as essential sites of interruption that restore agency. Full article
(This article belongs to the Special Issue Human Rights in the Age of Globalisation: Challenges and Opportunities)
16 pages, 273 KB  
Review
Labor Shortages and Political Narratives: The Paradox of Migration in Central Europe
by Bernadett Solymosi-Szekeres and Nóra Jakab
Laws 2026, 15(3), 48; https://doi.org/10.3390/laws15030048 - 29 May 2026
Viewed by 847
Abstract
Central European, especially the Hungarian and Polish experiences, reveal a profound paradox, anti-immigration policy narratives, yet immigration laws and policies support reliance on migrant workforce (non-EU migrants). The question arises: why is that? The aim of this research is to examine the ways [...] Read more.
Central European, especially the Hungarian and Polish experiences, reveal a profound paradox, anti-immigration policy narratives, yet immigration laws and policies support reliance on migrant workforce (non-EU migrants). The question arises: why is that? The aim of this research is to examine the ways in which Poland and Hungary have managed the challenges of labor migration in the region, arising from the demographic crisis and labor shortages in the region. The research will use a socio-legal approach in the analysis of the changes in the laws of the two countries, government strategies, statistics, and political discourse in the period from 2023 to 2025. The assessment of the two countries will reveal a contrast in the political narrative and the implementation of the laws. Hungary maintains a narrative of strict migration and quotas, while at the same time liberalizing economic migration. Poland, on the contrary, has adopted a liberal yet selective migration strategy in the new laws that incorporate digital administrative tools, integration, and a points system for economic migrants. The research will reveal that both countries have moved from being net emigration countries to being net immigration countries, despite the political narrative. The research will conclude that the migration policies of the two countries have been influenced by the need to address the structural labor shortages in the region and not political ideologies. Experiences in Central Europe, specifically those of Hungary and Poland, show a unique contradiction of having anti-immigration politics and legislation providing for easier access to the countries’ borders to non-EU workers to solve problems of labor shortages. This paper will discuss the approaches of these two countries to dealing with labor migration in light of declining populations and increased need for migrant workers. Comparative socio-legal research is conducted in the course of this project, where recent legislative amendments, policies, statistics, and political discourse in relation to labor migration are reviewed within the period from 2023 to 2025. The research shows that while maintaining its conservative and securitized narrative, Hungary makes some concessions for economic migration through specific legal channels. Meanwhile, Poland has managed to build up an open and selective approach by combining labor market demands with digitization and points-based policy making. The results suggest that both nations operate in an environment of net immigration despite their official rhetoric implying otherwise. In conclusion, policies towards labor migration in Central Europe remain economic in nature, which produces contradiction between politics and reality. Full article
16 pages, 247 KB  
Article
The Child Protection Paradox in the Criminal Laws of EU Member States: Self-Generated Sexual Images and the Limits of Criminalisation
by Enikő Kovács-Szépvölgyi and Kata Franciska Vági
Laws 2026, 15(3), 47; https://doi.org/10.3390/laws15030047 - 26 May 2026
Viewed by 652
Abstract
The criminal law assessment of consensual sexting between minors requires interpretation within a child-rights framework that accounts for children’s evolving capacities and the ultima ratio principle of criminal law. Although child self-generated sexual images and videos (CSGIV) may, in many jurisdictions, conceptually fall [...] Read more.
The criminal law assessment of consensual sexting between minors requires interpretation within a child-rights framework that accounts for children’s evolving capacities and the ultima ratio principle of criminal law. Although child self-generated sexual images and videos (CSGIV) may, in many jurisdictions, conceptually fall within the scope of offences relating to child pornography or child sexual abuse material (CSAM), consensual peer-to-peer sharing typically lacks the classical elements of sexual exploitation. This article provides a structured comparative overview of how the criminal law systems of the twenty-seven European Union (EU) Member States regulate consensual minor-to-minor sexting, identifying three regulatory models and assessing their compatibility with child-rights standards. The research is based on a structured comparative legal analysis drawing on the report and country reports of the second monitoring round of the Lanzarote Committee, complemented by a primary analysis of the relevant criminal law provisions of the Member States. The analytical framework relies on a coding manual developed by the authors along thematic dimensions. The findings identify three regulatory models: systems that provide explicit differentiation and safeguards; systems that formally criminalise the conduct but operate with implicit mitigation; and systems that entail a broad risk of criminalisation. The analysis reveals considerable normative fragmentation and demonstrates that the absence of explicit differentiation may expose forms of adolescent self-expression to criminal liability. The article concludes that, to comply with child-rights standards, explicit normative safeguards and a consistent application of the exceptional character of criminal law are required. Full article
18 pages, 313 KB  
Article
Normalisation Between Belgrade and Pristina: Binding Force and Legal Effects of the Brussels and Ohrid Agreements
by Andrej Semenov
Laws 2026, 15(3), 46; https://doi.org/10.3390/laws15030046 - 26 May 2026
Viewed by 704
Abstract
This article revisits the debate on whether the Brussels Agreement and the Ohrid Agreement, including its Implementation Annex, are legally binding. It develops a three-test framework that separates international-law binding force from EU-law legal effects. Tests A and B adapt the International Court [...] Read more.
This article revisits the debate on whether the Brussels Agreement and the Ohrid Agreement, including its Implementation Annex, are legally binding. It develops a three-test framework that separates international-law binding force from EU-law legal effects. Tests A and B adapt the International Court of Justice (ICJ) indicators of animus contrahendi and acceptance through subsequent conduct, acquiescence and silence. Test C examines whether the agreements produce legal effects through EU enlargement conditionality, monitoring and reporting. The analysis finds that the treaty status of both instruments remains contestable. The Brussels Agreement is textually specific, yet intent signals are mixed, practice remains reversible and treaty-type obligation structures are weak. The Ohrid Agreement is drafted in a more treaty-like register, but references to a future “legally binding agreement” and the politics of non-signature leave inter se binding force unsettled. Nonetheless, both agreements can produce EU legal effects. They operate as enlargement benchmarks that shape assessments of Serbia’s and Kosovo’s progress, while Commission reporting and standardised compliance indicators may indirectly bind EU institutions through consistency, equal treatment and legitimate expectations. Full article
26 pages, 355 KB  
Article
Public Resource Dot EU: Compliance Pathways for the EU Standardisation System After the Malamud Judgment
by Andrew Leyden
Laws 2026, 15(3), 45; https://doi.org/10.3390/laws15030045 - 25 May 2026
Viewed by 919
Abstract
The Court of Justice of the European Union’s Grand Chamber judgement in Public.Resource.Org v Commission (“Malamud”) raises fundamental questions about the relationship between EU law and the European standardisation system. By holding that harmonised standards referenced in the Official Journal must be accessible [...] Read more.
The Court of Justice of the European Union’s Grand Chamber judgement in Public.Resource.Org v Commission (“Malamud”) raises fundamental questions about the relationship between EU law and the European standardisation system. By holding that harmonised standards referenced in the Official Journal must be accessible to the public free of charge, the Court reaffirmed the principle that individuals must be able to know the norms governing their legal rights and obligations. While widely welcomed as a victory for transparency and the Rule of Law, the judgement poses significant challenges to the longstanding governance and funding model of European standardisation, which relies heavily on copyright-based revenues generated by European Standardisation Organisations and national bodies. This article examines the practical and institutional consequences of the Malamud ruling and explores viable compliance pathways for the EU standardisation system. After outlining the role of harmonised standards within the New Legislative Framework and their growing importance in regulatory regimes such as the Artificial Intelligence Act, it analyses the judgement’s implications for access to law and the copyright status of standards. The article then evaluates a range of implementation models, including Commission-hosted publication, read-only access portals, licencing buyouts, and expanded use of common specifications. It argues that a Commission-hosted publication model, supported by revised funding arrangements, offers the most coherent pathway to reconcile open access with the continued functioning of the European standardisation infrastructure, and proposes corresponding reforms to Regulation 1025/2012. Full article
19 pages, 332 KB  
Article
Current Challenges in the Relationship Between Slovenian Copyright Law and EU Law
by Eneja Drobež, David Bogataj and Valerija Rogelj
Laws 2026, 15(3), 44; https://doi.org/10.3390/laws15030044 - 22 May 2026
Viewed by 514
Abstract
The article examines how recent developments in EU copyright law affect Slovenian legislation. The Slovenian system of collective management of copyright and related rights is currently under scrutiny by the European Commission, which has initiated infringement proceedings for failure to correctly apply the [...] Read more.
The article examines how recent developments in EU copyright law affect Slovenian legislation. The Slovenian system of collective management of copyright and related rights is currently under scrutiny by the European Commission, which has initiated infringement proceedings for failure to correctly apply the InfoSoc Directive and the Collective Rights Management Directive. The forthcoming Streamz decision of the Court of Justice of the European Union, initiated by the Belgian Constitutional Court, may further influence Slovenian copyright rules, given that both Slovenia and Belgium have implemented the Digital Single Market Directive by similar means. A pressing issue in Slovenian copyright law—recently addressed by the Higher Court of Ljubljana—concerns the collection, management, and distribution of the private copying levy as a permissible limitation to exclusive authors’ rights under the InfoSoc Directive. A thorough analysis of these issues reveals a complex interplay between EU and national law regarding the collective management of exclusive authors’ rights and various remuneration rights. Adopting a legal-dogmatic approach and applying textual, purposive, systematic and comparative legal methods, the article provides an overview of Slovenia’s copyright protection system, identifies potential incompatibilities with EU law, and proposes legislative solutions. Full article
19 pages, 236 KB  
Article
Thomas Jefferson’s Vision for Civic Education and the Founding of America’s First Public Universities
by Dustin Gish
Laws 2026, 15(3), 43; https://doi.org/10.3390/laws15030043 - 16 May 2026
Viewed by 661
Abstract
Thomas Jefferson, the Author of the Declaration of Independence and the Father of the University of Virginia, considered it a self-evident truth that our rights must be secured through government and that the people themselves are the only safe guardians of their liberty [...] Read more.
Thomas Jefferson, the Author of the Declaration of Independence and the Father of the University of Virginia, considered it a self-evident truth that our rights must be secured through government and that the people themselves are the only safe guardians of their liberty in a republican form of government. The civic education of the people is, therefore, imperative, in his view, if they are to be informed citizens. This article examines the ways that the first States sought to institute public universities, through both constitutional and legislative means, and highlights Jefferson’s vision for civic education against the activity of the States in establishing education. Surveying early State constitutions and university charters reveals, for those States instituting public education, a wide range of approaches, particularly with respect to three aspects: authorizing mode (constitutional or legislative mandates); civic rhetoric; and scope (tiered system or single institution). While several of the States recognize education as important to republican government, their commitments to public civic education vary. Against this backdrop, Jefferson’s views on education appear both comprehensive and constant, from his reform Bill for the More General Diffusion of Knowledge and Notes on the State of Virginia, which envision a three-tiered public system, to his efforts in retirement to pass education reform and establish a new university, with his purpose being explicitly civic. While his State never adopted his full system, Jefferson continued to advocate for ward republics and public instruction throughout his life. The founding of the University of Virginia in 1819 partially fulfilled this pursuit, embodying the keystone in his educational architecture. Yet Jefferson’s broader system—grounded in local participation and universal civic instruction—remained unrealized. This survey further reveals that statesmen in early America did not always agree with Jefferson that States must have an enduring institutional commitment to public civic education, as the best means to inform the people and to secure republican self-government. Full article
(This article belongs to the Special Issue Vol. II of Civic Engagement, Justice, and the Law in a National and International Context)
27 pages, 321 KB  
Article
Regulatory Governance of AI in the Generative AI Era: A Comparative Study of South Korea’s AI Basic Act and the EU AI Act for Sustainable Digital Transformation
by Jungmi Bang
Laws 2026, 15(3), 42; https://doi.org/10.3390/laws15030042 - 13 May 2026
Viewed by 1527
Abstract
This study conducts a comparative legal analysis of South Korea’s Framework Act on Artificial Intelligence (enacted January 2025, effective January 2026) and the EU AI Act (effective August 2024), focusing on the structural implications of their divergent regulatory philosophies for sustainable digital governance. [...] Read more.
This study conducts a comparative legal analysis of South Korea’s Framework Act on Artificial Intelligence (enacted January 2025, effective January 2026) and the EU AI Act (effective August 2024), focusing on the structural implications of their divergent regulatory philosophies for sustainable digital governance. Employing legal interpretive analysis (textual, systematic, and teleological) and comparative legal methodology, supplemented by risk-based regulation theory and the theory of hardening of soft norms, this paper examines three interconnected dimensions: the conceptual distinction between “high-impact” and “high-risk” AI, the legal nature of self-regulatory structures, and the potential distortion of civil liability attribution. The analysis reveals that Korea’s adoption of the “high-impact” concept, while strategically reducing compliance costs and avoiding stigma effects, generates significant legal gaps, including potential violations of the constitutional principle of clarity, a “liability lightning rod” phenomenon transferring responsibility from AI operators to frontline practitioners, and insufficient institutional prerequisites for effective self-regulation. In contrast, the EU’s ex-ante preventive framework provides greater legal certainty through direct enumeration of high-risk sectors and mandatory conformity assessments. Drawing on the growing body of EU AI Act scholarship, this paper proposes a five-step legislative model for dynamic regulatory adjustment tailored to Korea’s constitutional structure, encompassing statutory core criteria, periodic re-evaluation with parliamentary oversight, phased mandatory enforcement, and a presumption of conformity system, thereby offering a co-regulatory framework that balances innovation promotion with fundamental rights protection. Full article
19 pages, 258 KB  
Article
Maintaining Confidentiality in the Exchange of Information on Tax Matters in the Republic of Kazakhstan
by Gulnara T. Nurbekova, Marco Greggi and Lyazat K. Tussupova
Laws 2026, 15(3), 41; https://doi.org/10.3390/laws15030041 - 12 May 2026
Viewed by 756
Abstract
In the era of global data exchange, banking secrecy is no longer absolute, becoming part of a more transparent tax administration system. International exchange of tax information has necessitated a legal analysis of issues related to tax secrecy and banking secrecy in Kazakhstan. [...] Read more.
In the era of global data exchange, banking secrecy is no longer absolute, becoming part of a more transparent tax administration system. International exchange of tax information has necessitated a legal analysis of issues related to tax secrecy and banking secrecy in Kazakhstan. The authors analyse the relationship between banking, tax and official secrecy, as well as international and national mechanisms for protecting confidentiality in the context of growing demands for tax transparency. The article discusses international initiatives, including CRS, FATCA and the Convention on Mutual Administrative Assistance in Tax Matters (OECD), as well as their impact on the legal framework governing financial information in Kazakhstan. Focusing on international standards, the article highlights the lack of legal clarity in Kazakhstani legislation regarding the mechanism for ensuring banking secrecy when transferring information to tax authorities. Measures are proposed to harmonise regulatory acts aimed at ensuring a balance between the confidentiality of taxpayer information and the obligation of banking organisations to assist the tax authority in performing its tax administration tasks, as well as legal certainty in the handling of confidential information. Full article
16 pages, 233 KB  
Article
Shortcomings in the Tracing of Digital Assets in the EU’s Insolvency III Directive
by Dominik Skauradszun and Paula Moffatt
Laws 2026, 15(3), 40; https://doi.org/10.3390/laws15030040 - 11 May 2026
Cited by 1 | Viewed by 657
Abstract
This paper examines whether the brand-new EU Directive harmonising certain aspects of insolvency law (Insolvency III) with its Title III on asset tracing is fit for the digital age and whether it offers adequate tools for the tracing of digital assets, such as [...] Read more.
This paper examines whether the brand-new EU Directive harmonising certain aspects of insolvency law (Insolvency III) with its Title III on asset tracing is fit for the digital age and whether it offers adequate tools for the tracing of digital assets, such as crypto-assets under the EU Markets in Crypto-assets Regulation (MiCAR). The study will demonstrate that Title III on asset tracing has been outdated since the inception of the Insolvency III as it has a ‘blind spot’ on tracing digital assets. Full article
(This article belongs to the Special Issue Developments in International Insolvency Law: Trends and Challenges)
29 pages, 363 KB  
Article
The Interplay of Legal Capacity, Convergence, and Development in Insolvency Reform
by Bolanle Adebola
Laws 2026, 15(3), 39; https://doi.org/10.3390/laws15030039 - 6 May 2026
Viewed by 1092
Abstract
The wholesale transplantation of foreign insolvency laws with minimal contextual adaptation—rule convergence—can be inimical to development in African states because it displaces the legal capacity through which insolvency systems become institutionally responsive over time. Situated within a transnational reform order shaped by overlapping [...] Read more.
The wholesale transplantation of foreign insolvency laws with minimal contextual adaptation—rule convergence—can be inimical to development in African states because it displaces the legal capacity through which insolvency systems become institutionally responsive over time. Situated within a transnational reform order shaped by overlapping developmental and market-integration logics, insolvency reform is frequently promoted through global scripts, technical assistance, and benchmarking regimes that reward rule convergence. This order and the discourse that supports it often operate within an implicit economic-growth development paradigm that treats legal development as achievable through the external supply of ‘best practice’ rules supported by enforcement capacity. This paper challenges that view, advancing a systematic conceptualisation of state legal capacity as the evolving institutional ability to formulate, adapt, interpret, implement, enforce and legitimate legal rules in response to societal legal demand. Applying this framework to corporate and insolvency reform trajectories in East and West Africa, the paper shows how rule transplantation produces capacity displacement, undermining endogenous legal development and development more broadly. Insolvency reform must therefore be understood as a project of legal capacity-building rather than of rule importation, enabling African states to act as co-producers in the evolution of global insolvency norms and models. Full article
(This article belongs to the Special Issue Developments in International Insolvency Law: Trends and Challenges)
12 pages, 235 KB  
Article
The EUA-PREP-CICP Medico-Legal Framework for Nirmatrelvir/Ritonavir During the COVID-19 Pandemic
by Tung-Hu Tsai
Laws 2026, 15(3), 38; https://doi.org/10.3390/laws15030038 - 6 May 2026
Viewed by 527
Abstract
The coronavirus (COVID-19) pandemic necessitated unprecedented regulatory responses that enabled rapid therapeutic deployment. The integrated medico-legal framework—comprising the FD&C Act Section 564 (Emergency Use Authorization/EUA), PREP Act (liability immunity), and CICP (injury compensation)—facilitated emergency response while protecting all stakeholders. This normative legal and [...] Read more.
The coronavirus (COVID-19) pandemic necessitated unprecedented regulatory responses that enabled rapid therapeutic deployment. The integrated medico-legal framework—comprising the FD&C Act Section 564 (Emergency Use Authorization/EUA), PREP Act (liability immunity), and CICP (injury compensation)—facilitated emergency response while protecting all stakeholders. This normative legal and policy analysis examines nirmatrelvir/ritonavir (Paxlovid) as a case study, integrating emerging pharmacokinetic evidence demonstrating its passage across the blood–brain and blood–placenta barriers. The EUA-PREP-CICP framework achieved notable results: nirmatrelvir/ritonavir’s authorization enabled deployment approximately 1 year after trials began, demonstrating an 89% reduction in the risk of hospitalization or death and potentially preventing thousands of hospitalizations. The PREP Act enabled focused pharmaceutical development and protected frontline healthcare workers during the crisis, though access barriers and transparency concerns remain areas warranting ongoing attention. The CICP provided administrative compensation for qualifying injuries, with acknowledged limitations in filing timelines and causation standards. Pharmacokinetic studies published after authorization revealed biological barrier crossing, representing normal scientific progress through continued investigation. The EUA-PREP-CICP nexus functioned as an integrated system: EUA enabled rapid evidence-based access, PREP immunity facilitated development and deployment, and CICP provided injury remedy. Based on this experience, this study proposes targeted enhancements to further strengthen this framework: systematic post-authorization surveillance timelines, enhanced special population monitoring through registries, modest procedural refinements to CICP, and improved surveillance infrastructure. These evidence-based improvements would build on the framework’s demonstrated strengths, optimizing performance for future emergencies while preserving the essential functions that helped address the COVID-19 pandemic. Full article
(This article belongs to the Section Health Law Issues)
19 pages, 1322 KB  
Article
Digitising Bills of Lading in the UAE: Legal Governance and Implementation Challenges
by Mohamed Morsi Abdou, Ayman M. Zain Othman, Aisha Obaid Alqaydi and Mahmoud Fayyad
Laws 2026, 15(3), 37; https://doi.org/10.3390/laws15030037 - 2 May 2026
Viewed by 1231
Abstract
The AI-supported digitisation of bills of lading has become an important requirement for the maritime transport industry, because it accelerates maritime shipping operations and helps avoid the drawbacks of paper bills of lading. This importance prompted the UAE legislator to introduce a legal [...] Read more.
The AI-supported digitisation of bills of lading has become an important requirement for the maritime transport industry, because it accelerates maritime shipping operations and helps avoid the drawbacks of paper bills of lading. This importance prompted the UAE legislator to introduce a legal provision in the new Maritime Law expressly permitting the use of electronic bills of lading. Despite the significance of this legislative step, this study demonstrates that it suffers from regulatory shortcomings; accordingly, the study aims to bridge the legal gap arising from the deficiency and ambiguity that characterise the rules governing the use of electronic bills of lading. This research fills a gap in the legal literature, as the digitisation of bills of lading under the new UAE Maritime Law has not been deeply explored. It also examines the role of artificial intelligence as an auxiliary instrument in enhancing the efficiency and reliability of this digital transformation. The research adopts an inductive and analytical approach to the provisions of the Maritime Law and related legislation to extract the general legal principles governing dealings in electronic bills of lading. The study shows that the digitisation of maritime bills of lading raises several legal issues resulting from their subjection to more than one legal regime, which may lead to legislative conflict and divergence in judicial approaches. The study concludes that the effective use of electronic bills of lading requires issuance of implementing regulations that explicitly clarify the conditions for their issuance, recognising their possession and electronic negotiability. Full article
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11 pages, 227 KB  
Article
More than One-Dimensionality: Brief Remarks on Pensée Complexe, Harmonization and Intangible Cultural Heritage
by Alejandro Knaesel Arrabal and Otávio Henrique Baumgarten Arrabal
Laws 2026, 15(3), 36; https://doi.org/10.3390/laws15030036 - 29 Apr 2026
Viewed by 463
Abstract
This research considers, by a conceptual and philosophical–legal perspective, the tensions between the interest of harmonization of intellectual property and the protection of Intangible Cultural Heritage. Starting from the fact that the harmonization of IP has been promoted as a strategy of global [...] Read more.
This research considers, by a conceptual and philosophical–legal perspective, the tensions between the interest of harmonization of intellectual property and the protection of Intangible Cultural Heritage. Starting from the fact that the harmonization of IP has been promoted as a strategy of global legal integration, normative predictability, and legal certainty for transnational economic agents, this study underpins the challenges that cross this intention. ICH is also observed as a legal category grounded on collective, dynamic, and culturally situated logics. The article briefly remarks a critical reading regarding possible conceptual incompatibilities between these regimes, showing through pensée complexe that such tensions stem from deeper divergences, associated with the predominance of a unidimensional and reductive view of the relationship between IP and ICH. Full article
(This article belongs to the Special Issue Harmonisation of Intellectual Property Rules: A Path Towards Global Integration?)
17 pages, 318 KB  
Article
Aging Behind Bars: The Growth of the Older Incarcerated Adult Population and Emerging Penal Reform
by Hyemin Shin and Myunghee You
Laws 2026, 15(3), 35; https://doi.org/10.3390/laws15030035 - 28 Apr 2026
Viewed by 1340
Abstract
Tough-on-crime policies, including mandatory minimum laws, three-strikes statutes, and habitual offender laws, have contributed to prison overcrowding and the growth of aging prison populations. As incarceration costs for prisoners increase, policymakers have increasingly considered early release policies for older incarcerated adults who pose [...] Read more.
Tough-on-crime policies, including mandatory minimum laws, three-strikes statutes, and habitual offender laws, have contributed to prison overcrowding and the growth of aging prison populations. As incarceration costs for prisoners increase, policymakers have increasingly considered early release policies for older incarcerated adults who pose a low risk of recidivism. This paper reviews recent trends in late-life incarceration and evaluates the policy logic and practical conditions under which early release may serve as a response to aging incarceration. Drawing on existing legal scholarship and prior research, we argue that early release of aging inmates likely represents a feasible and cost-effective strategy for addressing prison overcrowding without compromising public safety. The analysis further identifies the legal, institutional, and policy conditions under which early release programs for older prisoners are most likely to gain legitimacy and political support. By situating aging-related release within broader debates on punishment, proportionality, and public safety, this study contributes to ongoing discussions of sustainable and normatively grounded responses to mass incarceration. Full article
(This article belongs to the Section Criminal Justice Issues)
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