Perspectives of Law and Public Administration
Volume 14, Issue 4, December 2025
Table of Contents
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- 1. Artificial Intelligence Is a New Human Rights Generation?
Professor Carlos RODRIGUES; Professor Ana CAMPINA
▼Abstract▼There is a (re)new world that has emerged with the introduction of Artificial Intelligence – AI in all life features – from an abstract and distant idea to the life of humanity in all its dimensions. Artificial Intelligence has created a serious challenge, both in terms of exploiting its full potential and the serious threat it may pose. It is undeniable that Artificial Intelligence is not just a “simple” evolution, but a deep change in the paradigm of cyberspace, as it involves itself in all ‘real’ life, beyond the borders of states, as an unknown “world/life” that challenges human life in all its dimensions. Our research focuses on analyzing this context based on Karel Vasak's theory on Generations of Human Rights, and discussing, in an attempt to understand, whether with Artificial Intelligence we are experiencing a new generation of Human Rights in this unquestionable new reality for Human Beings, for States and Governments, for International Organizations from legal, political, economic, and social perspectives. The methodology followed in this research is qualitative, using the hypothetical-deductive method, as it starts from a phenomenological problem, namely the impact of Artificial Intelligence on generations of Human Rights, for which there are no absolutely comprehensive explanations. In the end, we conclude that AI has the power to greatly impact existing human rights, both economically, politically, and socially, but for now, given its state of development and application, it does not constitute an autonomous dimension of Human Rights.
Keywords: human rights, fundamental rights, human rights generations, artificial intelligence, artificial intelligence systems.
JEL Classification:K33, K37, K38, K40
DOI: 10.62768/PLPA/2025/14/4/01
HOW TO CITE - Please cite this article as: Rodrigues, Carlos & Ana Campina, „Artificial Intelligence Is a New Human Rights Generation?”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 611-631.
- 2. Is Customary Law Still a Source of International Law?
Professor Tomáš PERÁČEK; PhD. student Michal KAŠŠAJ▼Abstract▼The main objective of our scientific study is to examine the justification for the existence of custom as a source of international law, as today’s dynamic era is gradually pushing unwritten sources of law into the background. International custom is one of the last sources of international law, which is unwritten, general and therefore binding for all subjects of international law. Since it is an unwritten source of public international law, a number of questions arise in connection with the emergence, requirements and application of international custom. The focus of the research is the issue of international custom, pointing out application problems, statements of international judicial authorities as well as the mutual relationship between an international treaty and international custom. When examining this issue, we relied on the available relevant professional and scientific literature as well as case law using appropriate scientific research methods. The results of our study indicate that, despite suggestions to eliminate custom as a source of international law, legal custom has its irreplaceable place both in the sources of international law and in the decision-making activities of courts and other bodies.
Keywords: international custom, international law, source of law, unwritten source of law.
JEL Classification: K12, K22, K33, K41
DOI: 10.62768/PLPA/2025/14/4/02
HOW TO CITE - Please cite this article as: Peráček, Tomáš & Michal Kaššaj, „Is customary law still a source of international law?”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 632-645.
- 3. Litigation Public Relationships – A Legal Challenge
in the Digital Media Era
and Corruption in Justice System
Associate professor Olga SOVOVA
▼Abstract▼Lawsuits usually harm a person's as well as an entrepreneur's reputation. The public's perception of a legal dispute can significantly impact the trial's outcome, as judges, being part of the public themselves, are not immune to the prevailing narratives and sentiments surrounding a case. Moreover, the judgment itself does not harm the lives or businesses as much as the media coverage, especially in high-profile cases. The digital media era, with its new possibilities for immediate information sharing and creation of new virtual realities, plays a crucial role in shaping public opinion. The paper examines litigation as a powerful tool for influencing public opinion in this digital age. The author notes that litigation is often associated with reputational and financial damage to a person or business entity. The author, leveraging her professional and practical experience from long-term cooperation with public media and the digitisation of public space, as well as her attorney's insight into commercial law, examines the issue mentioned above. The author highlights legal regulation, case law, and theory to outline the potential benefits and possibilities for adjusting litigation procedures and principles to meet the needs of businesses in the global information society, stressing the increasing influence of social networks and artificial intelligence.
Keywords: global information society, social media, artificial intelligence, litigation, public relations.
JEL Classification: K41DOI: 10.62768/PLPA/2025/14/4/03
HOW TO CITE - Please cite this article as: Sovova, Olga, „Litigation Public Relationships – A Legal Challenge in the Digital Media Era”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 646-655.
- 4. A Leap Into the Future: The AI and the Imperative Need to Protect Fundamental Human Rights
Associate professor Elena Emilia ȘTEFAN
▼Abstract▼The unprecedented technological developments we have witnessed in recent years give us the opportunity to be constantly curious to discover the enormous potential they offer, as they can improve quality of life. Step by step, the use of AI systems, increasingly prevalent in all areas of social life, is becoming commonplace. Notwithstanding, human interaction with AI can generate risks and affect human rights. In this background, the scope of the study is to document how the legislator relates to decision-making based exclusively on automated processing. In order to achieve this goal, important legislative acts such as the AI Act and the General Data Protection Regulation will be examined, as well as recent CJEU case law, with a focus on automated decision-making, by using research methods specific to law. The subject is very topical and of utmost interest to the business community, state authorities, but also ordinary people. The results of the research suggest that the integration of modern technologies into social dynamics requires a solid legal framework containing clear standards and ethical principles, so that AI can be used safely while protecting fundamental human rights.
Keywords: AI Act, automated decision-making, ethical principles, CJEU case law, high risk.
JEL Classification: K20, K23DOI: 10.62768/PLPA/2025/14/4/04
HOW TO CITE - Please cite this article as: Ștefan, Elena Emilia, „A Leap Into the Future: The AI and the Imperative Need to Protect Fundamental Human Rights”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 656-668.
- 5. Reforming EU Economic Governance: Assessing the Balance Between Fiscal Sustainability and Political Flexibility
Associate professor Rezarta TAHIRAJ
▼Abstract▼The reform of European economic governance in 2024 is a critical move in EU’s fiscal system, aimed at improving debt sustainability and transparency of budgetary surveillance. This paper examines the impact of net primary expenditure as the newly implemented operating indicator on fiscal discipline, compliance and also evaluates possible trade-offs between fiscal responsibility, political maneuvering, and economic development. The primary objective is to appraise the relevance of the reform on the debt sustainability of the EU in order that member states maintain deficits and expenditure within sustainable limits. Secondary objectives are to investigate the streamlining of the systems, the institutional role of the European Commission, and the Italian experience as a reference point for highly indebted States. Methodological approach comparative study regarding the new EU legislation and Italian experience are combined with a theoretical analysis underpinned by qualitative empirical studies. The findings indicate that reform makes for easier tracking and buttresses the credibility of the fiscal policy, while at same time making it more agile. But question remains the discretionary powers of European Commission and the struggle of countries with high debt with adjustment. Such results suggest asymmetries across member states with serious political implications for EU stability and cohesion.
Keywords: European economic governance, reform, debt sustainability, transparency, budgetary surveillance, Italian experience.
JEL Classification: K32, K34DOI: 10.62768/PLPA/2025/14/4/05
HOW TO CITE - Please cite this article as: Tahiraj, Rezarta, „Reforming EU Economic Governance: Assessing the Balance Between Fiscal Sustainability and Political Flexibility”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 669-687.
- 6. The Principle of Good Administration in European Administrative Law and Its Influence on Romania
Professor Cristian DUMITRESCU
▼Abstract▼This paper analyses the principle of good administration as the foundation of European administrative law and its influence on the evolution of public administration in Romania. Based on the case law of the Court of Justice of the European Union, the article examines how this principle has been consolidated as a general standard of legality and fairness in the work of administrative authorities. The study highlights the convergence between European Union law and Romanian administrative law, in particular through the Administrative Code and the Administrative Litigation Law No. 554/2004, which enshrines the right of individuals to transparent, impartial and fair administration. At the same time, the implications of European standards on transparency, public ethics and administrative cooperation between Member States are analysed, with a focus on sensitive areas such as taxation and environmental protection. The article highlights the importance of effective legal protection against administrative abuse and of guaranteeing the right to a fair trial, in accordance with the combined case law of the CJEU and the ECHR. The conclusions point to the ongoing need to adapt Romanian administrative law to the requirements of good European administration, as a prerequisite for strengthening the rule of law and citizens' trust in public institutions.
Keywords: good administration; European administrative law; Court of Justice of the European Union; transparency; public ethics; administrative cooperation; administrative litigation; right to a fair trial.
JEL Classification: K23DOI: 10.62768/PLPA/2025/14/4/06
HOW TO CITE - Please cite this article as: Dumitrescu, Cristian, „The Principle of Good Administration in European Administrative Law and Its Influence on Romania”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 688-697.
- 7. The Legal Basis for Contractual Liability in Moldovan Civil Law
and in Comparative Law
Associate professor Ion BÎTCĂ; PhD. Carmen ION
▼Abstract▼The article argues, from a comparative perspective, that the normative foundation of pre-contractual liability in Moldovan civil law derives from the interpretation of the general principle of good faith. This form of liability does not have an autonomous character and cannot be situated in an intermediate sphere between contractual and tortious liability. The paper demonstrates that the concept of liability for breach of contract is inapplicable in cases of unjustified termination of negotiations, since no contract exists, but only the breach of a legal duty of loyal and good-faith conduct. The compensatory regime is limited to damage consisting in the impairment of the other party’s legitimate expectations, excluding lost profits, which brings this form of liability closer to the theory of loss of a chance. Although the Civil Code does not expressly define the pre-contractual relationship, doctrinal analysis leads to the qualification of pre-contractual liability as a form of tort liability. This solution aligns Moldovan law with European trends, influenced by the French doctrine of responsabilité précontractuelle and the German model, united by the same axiological values: good faith, loyalty, and the protection of legitimate expectations.
Keywords: pre-contractual; fault; good faith, negotiation, liability; unjustified; damage.
JEL Classification: K12, K15DOI: 10.62768/PLPA/2025/14/4/07
HOW TO CITE - Please cite this article as: Bîtcă, Ion & Carmen Ion, „The Legal Basis for Contractual Liability”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 698-718.
- 8. A Critical Analysis of the 2022 Beijing Convention and
Its Impact on Romanian Legislation
Assistant professor Oana ADĂSCĂLIŢEI
▼Abstract▼Recognition of the international effects of the judicial sale of ships in different jurisdictions is of paramount importance to the shipping industry. The need to establish uniform rules to contribute to legal certainty in this area led to the adoption of the first instrument on the international effects of the compulsory sale of ships. The Beijing Convention 2022 establishes uniform rules on the international effects of the compulsory sale of ships, conferring an indisputable right of ownership on the purchaser and subsequent purchasers. The article focuses on the analysis of the conditions that a judicial sale must meet in order to produce international effects: the notice of judicial sale and the issuance of a judicial sale certificate. It also analyzes the procedural aspects of the judicial sale of a ship under the Convention. The article explains the relevant provisions of Romanian legislation in this area, highlighting the differences with the legislation of common law and civil law states. In Romania, from the point of view of civil procedure, the rules on the judicial sale of movable property under common law and the special rules on the seizure of securities, Article 959 et seq. of the New Code of Civil Procedure, are applicable. The article highlights the need to adopt, de lege ferenda, separate provisions on the compulsory sale of ships at national level.
Keywords: Beijing Convention 1922, judicial sale of ships, clear title, arrest of the ship, international effects of judicial sale. New Code of Civil Procedure.
JEL Classification: K33DOI: 10.62768/PLPA/2025/14/4/08
HOW TO CITE - Please cite this article as: Adăscăliţei, Oana, „A Critical Analysis of the 2022 Beijing Convention and Its Impact on Romanian Legislation”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 719-733.
- 9. Function, Autonomy, or Mere Legal Instruments? Revisiting the
Paradigm of International Organizations Through
the Lens of the ILC’s Recent Work
PhD. candidate Martina COXOVÁ
▼Abstract▼Traditional functionalist approaches in international law tend to define international organizations as state-created entities with narrowly defined mandates, acting at the behest of member states. This paper argues that such views no longer accurately reflect the legal and operational realities of contemporary international organizations, which increasingly exercise autonomous decision-making and engage in complex normative and operational activities. Building on recent developments, in particular the International Law Commission’s (ILC) work on the settlement of disputes involving international organizations, this paper reviews doctrinal and theoretical definitions that portray these entities as derivative actors. Methodologically, it combines doctrinal analysis with an empirical examination of hybrid and atypical organizations to explore whether a reframed definition based on autonomy and functional authority would better capture institutional practice. The analysis underscores the diversity of institutional models, suggesting that redefining international organizations in functional terms may enhance alignment on such issues as immunity, accountability and access to justice. It concludes that further research is needed to clarify these boundaries and their implications for accountability in international institutional law. Ultimately, the paper aims to contribute to the dialogue on institutional accountability and encourage reflection on how definitional precision may reduce fragmentation and strengthen accountability within international law.
Keywords: definition of ‘international organization,’ International Law Commission, autonomy and functional authority.
JEL Classification: K33, K40DOI: 10.62768/PLPA/2025/14/4/09
HOW TO CITE - Please cite this article as: Coxová, Martina, „Function, Autonomy, or Mere Legal Instruments? Revisiting the Paradigm of International Organizations Through the Lens of the ILC’s Recent Work”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 734-752.
- 10. The ECtHR’s Article 3 Jurisprudence on Migration and Asylum
PhD. student Andra Bianca IACOB
▼Abstract▼Article traces the evolution of Article 3 of the European Convention on Human Rights in the context of migration and asylum, focusing on the European Court of Human Rights’ jurisprudential policy. It examines four core principles that structure the Court’s approach: non-refoulement, understood as an extension of Article 3 where removal exposes individuals to a real risk of inhuman or degrading treatment; the prohibition of collective expulsions and the correlative duty to conduct rigorous individual assessments; minimum standards for reception and administrative detention, with heightened safeguards for children and families; and the reach of State obligations at borders and in transit settings, including extraterritorial operations. Landmark judgments such as Hirsi Jamaa v. Italy and M.S.S. v. Belgium and Greece have consolidated a coherent protective architecture for migrants and asylum seekers, shaping national administrative practice and informing broader debates on the operation of the Dublin system within Europe’s human-rights framework. Building on Court materials and syntheses, the article systematizes positive and negative State duties — procedural screening, adequate material conditions, child-sensitive measures, effective remedies, and accountability over outsourced or extraterritorial actions — offering a practical compliance matrix for authorities operating in Greece, Spain, and other high-pressure transit zones.
Keywords: migration, asylum, European Court of Human Rights, jurisprudence.
JEL Classification: K37, K38DOI: 10.62768/PLPA/2025/14/4/10
HOW TO CITE - Please cite this article as: Iacob, Andra Bianca, „The ECtHR’s Article 3 Jurisprudence on Migration and Asylum”, Perspectives of Law and Public Administration 14, no. 4 (December 2025): 753-763.
