Review of European and Comparative Law, 2026, Vol. 64, No 1
Permanent URI for this collectionhttps://hdl.handle.net/20.500.12153/9479
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listelement.badge.dso-type Item , Legal Perspectives of Serbia's Healthcare Digitalization. COVID-19 as a Catalyst for Change(Wydawnictwo KUL, 2026) Stanojević, Petra; Nikolić Popadić, SofijaThe COVID-19 pandemic highlighted the critical need for the digitalization of healthcare services worldwide, acting as a catalyst for innovation and prompting governments to reassess healthcare infrastructure and implement legislative and organizational frameworks to support the broader adoption of eHealth solutions. This paper examines Serbia's response during and after the pandemic, addressing whether the experience led to tangible changes in healthcare digitalization. It investigates whether these changes remain largely confined to policy documents and legislation, or if they have been effectively implemented in practice. furthermore, the study identifies areas where additional improvements are required to ensure that digital healthcare can reach its full potential. Understanding these developments is crucial, not only for preparing for future pandemics but also for responding to other emergencies, improving access to healthcare in remote areas, and supporting vulnerable populations, including older adults. By analyzing Serbia's experience, this paper aims to provide insights into how crises can accelerate digital transformation in healthcare systems and to inform strategies for creating resilient, efficient, and equitable health infrastructures.listelement.badge.dso-type Item , Legal Regulation of Electronic Identity in eHealth Services in Poland and Estonia: A Comparative Analysis(Wydawnictwo KUL, 2026) Świtała, KrzysztofThe primary aim of the article is to analyze the role of electronic identity in ICT-enabled healthcare in the context of existing legal instruments in these areas, both at the EU level and in the regulations of selected Member States (Poland, Estonia). A basic analysis of eHealth, telemedicine, and EHR systems was conducted, considering the role of electronic identity in data processing within the health care information infrastructure. EU regulations, such as eIDAS, the directive on patients' rights in cross-border healthcare, and the regulation on the European Health Data Space were taken into account. The role of electronic identity management systems in the context of the patient's right to medical services, consent, information about their condition, and the preservation of medical professional confidentiality and privacy is also discussed. Finally, existing electronic identification systems in Poland (Profil Zaufany, Profil Osobisty, mObywatel) and Estonia (e-ID), which are also used to authenticate patients accessing healthcare services in these countries, are presented.listelement.badge.dso-type Item , The Scope of Piercing the Corporate Veil of Shareholders in a Limited Company in Georgia: A Comparative Analysis of German and Georgian Law(Wydawnictwo KUL, 2026) Takashvili, Simon; Peikrishvili, Tinatin; Koberidze, Salome; Chikviladze, GiorgiUnder the Association Agreement, Georgia undertook the obligation to harmonize its legislation with EU legal standards. This commitment is reflected in the Law of Georgia "On Entrepreneurs", adopted in 2022. The new law offers regulation on corporate veil piercing, but, due to its novelty, Georgian judicial practice and doctrinal interpretations are still very scarce for establishing a legal standard. The article examines the legal framework of piercing the corporate veil in Georgian law through a comparative analysis with German law. Although the corporate veil traditionally protects shareholders from personal liability, both the Georgian and German legal systems recognize exceptions in which this protection may be disregarded. Georgian law establishes two cumulative preconditions for piercing the corporate veil: abuse of the legal form and the company’s inability to satisfy creditors. The Supreme Court of Georgia has identified indicators of such abuse, including the “alter ego” doctrine, commingling of assets, and undercapitalization. At the same time, the article examines the relationship between tort and corporate liability, addressing the potential competition of legal remedies available to creditors when imposing personal liability on shareholders. The research aims to contribute to the development of Georgian judicial practice by analyzing the doctrine of piercing the corporate veil and its role in strengthening creditor protection and corporate accountability.listelement.badge.dso-type Item , Implementation of the Principle of Facilitating Exercise of Shareholders' Rights under Polish Law: Critical Remarks(Wydawnictwo KUL, 2026) Mizerski, DominikThis article analyzes the impact of implementing EU Directive 2017/828 on strengthening shareholders rights and engagement in the Polish legal framework. Despite the directive's aim of facilitating the exercise of shareholders rights, its practical impact has been limited, with only minor improvements observed, such as the obligation for companies to confirm the receipt and registration of votes. The study uses the dogmatic and comparative methods to demonstrate that the legislative changes resulting from the implementation of Directive 2017/828 into Polish law have only marginally improved the legal position of shareholders of listed companies, whose shares are admitted to trading on a regulated market.listelement.badge.dso-type Item , Homework in the Countries of the Visegrad Group (V4): a Comparative Legal Study(Wydawnictwo KUL, 2026) Barański, Michał; Richter-Sitko, NorbertDerived from the traditional cottage industry, homework has played a significant social and economic role in Europe for centuries. In the digital economy era, homework is acquiring new significance, particularly in the context of flexible forms of work, such as remote working or home-based platform work. This article focuses on the Visegrad Group countries, analyzing the regulation of homework within each country’s national legal system. This analysis will help determine the status of homework within labor law and its legal position. To this end, the authors employed a historical approach to examine the evolution of homework, a dogmatic approach to establish its legal standing in relation to the employment relationship and contract, and a comparative approach to identify convergences in national regulations. The final result of the comparative study reveals the diversity of homework regulations within the Visegrad Group. These range from a shift towards remote work (Czech Republic), through to separate yet compatible regulations on telework and homework within the employment relationship (Slovakia and Hungary), to the distinction between remote work and homework (Poland).listelement.badge.dso-type Item , The Baby Hatch at the Crossroads of Human Rights(Wydawnictwo KUL, 2026) Novak, Stjepan; Novak, AntonijaWhen the baby hatch (known as “Window of Life”) came under public scrutiny in the Republic of Croatia, it was met with a number of criticisms. The most prominent among them were its lack of regulation under Croatian law, the alleged encouragement of committing a criminal offense, and the violation of the child’s right to identity. Neither the concept of the baby hatch, nor the criticisms directed at this method of caring for unwanted newborns are new in Europe or beyond, nor are they unfamiliar to the case law of the European Court of Human Rights. This paper will attempt to demonstrate that the only well-founded objection is the lack of adequate legal regulation. The claim that the existence of the baby hatch encourages criminal behavior is simply unfounded, while the potential violation of the child’s right to know their identity can be justified by the protection of a higher right – the right to life.listelement.badge.dso-type Item , The Concept of Cyber Resilience in the European Union Law(Wydawnictwo KUL, 2026) Szpor, Grażyna MariaThe legal framework for digital transformation in the European Union is being supplemented by further acts that should enable it to meet current challenges while respecting EU values and principles redefined in the context of cyberspace. An example is Regulation 2024/2847 on horizontal cybersecurity requirements (Cyber Resilience Act). It does not define the term used in the abbreviated title. The relationship between cyber resilience and cybersecurity, and their place within the conceptual framework of digital transformation, remains unclear. This article aims to identify terminological issues that require doctrinal agreement, to consider the possibilities for achieving this, and to propose solutions. An analysis of how the purpose of the act is reflected in its title, definitions, scope, structure and initial stage of application was carried out using a legal-dogmatic method, including a systemic approach. It confirmed the verified hypotheses about the underestimation of the importance of short titles of acts in EU legislative processes and the untapped potential of the concept of cyber resilience in increasing the consistency and transparency of law, which is essential for its effectiveness. The result is a proposal to amend EU legislative drafting rules on short titles and to adopt a general definition of cyber resilience as a higher-order concept capable of integrating scattered sectoral regulations and performing an organizing function for digital transformation processes in legal doctrine.listelement.badge.dso-type Item , The EU AI Act and the Rights-Based Approach to Technological Governance(Wydawnictwo KUL, 2026) Pavlidis, GeorgiosThe European Union AI Act constitutes an important development in shaping the Union’s digital regulatory architecture. The Act places fundamental rights at the heart of a risk-based governance framework. The article examines how the AI Act institutionalizes a human-centric approach to AI and how the AI Act’s provisions explicitly and implicitly embed the protection of rights enshrined in the EU Charter of Fundamental Rights. It argues that fundamental rights function not merely as aspirational goals, but as legal thresholds and procedural triggers across the life cycle of an AI system. The analysis suggests that the AI Act has the potential to serve as a model for rights-preserving AI systems, while acknowledging that challenges will emerge at the level of implementation.listelement.badge.dso-type Item , Attributing Liability for Autonomous Vehicles: EU Multi-Level Approaches and Implications for Vietnamese Law(Wydawnictwo KUL, 2026) Dao, Phuc G.Autonomous Vehicles (AVs) call into question the driver-centered premises of road traffic liability, as the task of driving becomes a distributed, socio-technical process involving software, sensors, updates, connectivity, infrastructure, and (sometimes) remote supervision. This article offers a doctrinal comparative analysis of how liability can be attributed across three axes, civil, administrative, and criminal, when accidents occur where there are higher levels of automation. It argues that the European Union does not (and need not) rely on a single AV liability code. Instead, EU law combines an insurance-first, victim-compensation logic with the modernization of product liability for software-enabled harms and a risk-based regulatory style that imposes documentation, post-market, and safety-management duties on upstream actors. Using Germany, France, and the Netherlands as illustrative models, the article maps Vietnamese law through the same framework. It shows that Vietnam already embodies a strong victim-protection baseline through strict "source of extraordinary danger" doctrines and is developing more stringent product responsibility tools. At the same time, Vietnam faces persistent mismatch risks in evidentiary access, cyber incident attribution, and the calibration of criminal accountability. The article concludes with a direction of reform, modified as appropriate for Vietnam, that preserves rapid compensation while structuring recourse, data governance, and controlled piloting.listelement.badge.dso-type Item , Volatility as a Legal Challenge: Rethinking Labor Law Responses to Workplace Violence - European Approach(Wydawnictwo KUL, 2026) Kobroń-Gąsiorowska, ŁucjaWorkplace violence is a growing concern in contemporary labor law, driven by its prevalence and volatile nature. Effective legal analysis requires understanding volatility as the variability, unpredictability, repetition, and context-dependence of violent and abusive conduct. Workplace violence is not isolated or uniform but is shaped by changing social, economic, organizational, and regulatory factors. Its forms, intensity, frequency, and visibility shift over time, across sectors, and among different groups, especially regarding gender and socio-economic status. This volatility exposes the limitations of uniform regulatory models that assume stable risks. Evidence from Europe and Central Asia shows that violence and harassment are often recurrent, disproportionately affect women, and persist despite strong legal frameworks. The frequent occurrence of psychological and sexual harassment, along with underreporting in precarious or low-income settings, highlights gaps between formal legal protections and their practical effectiveness. Volatility impacts of only the occurrence of violence but also access to remedies, reporting, enforcement, and employer compliance. The protective function of labor law depends on its ability to address these volatile patterns. Volatility challenges complaint-based models and underscores the need for preventive, ongoing, and context-sensitive legal duties. This includes gender-sensitive risk assessments, differentiated employer obligations, and recognition of repeated violence as an aggravated violation, as well as greater attention to psychosocial harm. By viewing workplace violence as an evolving risk, the author advocates for a new approach to labor regulation in Europe that prioritizes substantive equality, early intervention, and effective enforcement over formally neutral but insufficient standards.listelement.badge.dso-type Item , Addressing the Declining Water Level of the Caspian Sea from a Legal Perspective and a Proposal for a New Agreement(Wydawnictwo KUL, 2026) Alimusayev, EminThe Caspian Sea is currently experiencing a rapid decline in water levels, with a 46% reduction in water-covered area between 2001 and 2024. Considering the environmental and socio-economic impacts of the problem, legal responses remain fragmented. This article examines existing legal frameworks to determine why current instruments fail to mitigate the problem of water-level decline. This study employs a doctrinal and comparative legal analysis of the domestic legislations of the five Caspian littoral states, alongside a review of existing international agreements. The analysis reveals that current instruments are insufficient. Domestic legislation of the Caspian littoral states remains uneven and fragmented. Kazakhstan’s Ecological Code serves as a notable model for integrating climate regulation and the response to the decline in water levels in the Caspian Sea into national legislation. While international agreements, such as the Tehran Convention, establish general cooperation principles, they lack binding rules for coordinated river-basin management and climate adaptation. Highlighting a recent surge in regional political will, this paper proposes a new agreement. The proposed agreement introduces binding obligations for reservoir release regimes, minimum environmental flows, and a permanent basin regulatory body. By shifting from ad hoc diplomacy to an integrated legal instrument, the proposal provides a plan for ensuring the socio-economic and environmental security of the Caspian region.listelement.badge.dso-type Item , Stevan Lilić, Administrative Law in Serbia, Belgrade: Faculty of Law, University of Belgrade, 2022, pp. 383(Wydawnictwo KUL, 2026) Milenković, MarkoA review of Stefan Lilić’ book titled "Administrative Law in Serbia" published by Faculty of Law, University of Belgrade.