Perspectives of Law and Public Administration
Volume 15, Issue 1, March 2026
Table of Contents
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- 1. Digital Governance – A Key Element for a Sustainable and Inclusive Urban Future
Assistant professor Diana Maria ILIE; Lecturer Florina Ramona DUMINICĂ
▼Abstract▼While in classical modernity the power of states was underpinned by territory, in digital modernity, power is sustained by information, interoperability, and the capacity to transform technology into a public good. In this context, digital governance represents more than a mere set of technical instruments; it becomes a new paradigm for public administration, a renewed social contract between the state and its citizens, and a novel language through which societies negotiate their future. Starting from these premises, the present study aims to analyze the contribution of digital governance to shaping the administrative, social, and economic future of urban environments. The research is centered on the principle that technology must serve humanity, and not vice versa. The study opens with a presentation of the Estonian e-governance model, built upon infrastructures such as X-Road and an integrated ecosystem of digital public services. In parallel, the situation in Romania is analyzed, focusing on digitalization initiatives and the symbolic significance of hosting the Digital Governance Summit 2025 in Bucharest as a milestone for alignment with global trends. The second part explores diverse smart city models that illustrate various trajectories of technological development. Our findings outline the vision of a "digital social contract," wherein technology acts as a tool for strengthening democracy, transparency, and social cohesion, positioning digital governance as the cornerstone of a sustainable and inclusive urban future.
Keywords: e-governance, smart city, digital services, sustainability, inclusion.
JEL Classification:K23, K30, K38
DOI: 10.62768/PLPA/2026/15/1/01
HOW TO CITE - Please cite this article as: Ilie, Diana Maria & Florina Ramona Duminică, „Digital Governance – A Key Element for a Sustainable and Inclusive Urban Future”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 6-25.
- 2. Digital Governance and Fundamental Rights: A Critical Analysis of Jordan’s Data Protection Law
PhD. candidate Rand Tuffaha AL-HUSSAINI▼Abstract▼This article analyzes Jordan's Personal Data Protection Law (PDPL) of 2023 and its enforcement via the compulsory Sanad digital identity system. The PDPL marks Jordan's initial effort to oversee personal data handling in a more digital society, arising from a backdrop of political opposition, public anxieties, and substantial uncertainty regarding the implications of regulation for government authority. This study uncovers considerable disparities between the protections outlined in the law and their actual implementation, based on legal analysis. The study examines the structural autonomy of the Personal Data Protection Council, which, due to its composition under ministerial control, raises issues regarding potential conflicts of interest and political meddling. The analysis reveals that mandatory biometric registration via Sanad establishes a techno-feudal system in which citizens are required to relinquish data rights to obtain vital government services. Although the PDPL includes clear consent clauses, extensive exemptions for public authorities and the coercive effects of digital exclusion weaken the law's ability to safeguard fundamental rights, especially for digitally illiterate groups in rural and tribal areas.
Keywords: data protection, digital governance, techno-feudalism, Jordan, biometric surveillance, Sanad platform.
JEL Classification: K24, K38, K40
DOI: 10.62768/PLPA/2026/15/1/02
HOW TO CITE - Please cite this article as: Al-Hussaini, Rand Tuffaha, „Digital Governance and Fundamental Rights: A Critical Analysis of Jordan’s Data Protection Law”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 26-49.
- 3. Reform and Modernisation of the Romanian Public Administration in the Context of the National Recovery and Resilience Plan
Professor Cristian DUMITRESCU
▼Abstract▼The study aims to analyse, from a legal and administrative perspective, the processes of reform and modernisation of Romanian public administration in the context of the National Recovery and Resilience Plan (NRRP), considered the main instrument of institutional transformation after accession to the European Union. The overall objective is to assess the extent to which the measures undertaken through the NRRP – in particular the digitisation of public services, the professionalisation of the civil service and the strengthening of administrative accountability – have had a real impact on administrative practice. The research uses analytical-comparative and interpretative-normative methods, based on an analysis of the legislative framework (Government Emergency Ordinance No. 57/2019 on the Administrative Code), strategic government documents and recent case law of national and European courts. The results show visible progress towards making public administration more efficient, but also the persistence of systemic deficiencies regarding procedural deadlines and the application of the principle of good administration provided for in Article 41 of the Charter of Fundamental Rights of the European Union. The implications of the study point to the need to consolidate a coherent administrative model focused on digitisation, transparency, performance and institutional continuity.
Keywords: administrative reform; NRRP; public administration; digitisation; good administration; institutional efficiency; Administrative Code; public accountability.
JEL Classification: H83, K23, K33DOI: 10.62768/PLPA/2026/15/1/03
HOW TO CITE - Please cite this article as: Dumitrescu, Cristian, „Reform and Modernisation of the Romanian Public Administration in the Context of the National Recovery and Resilience Plan”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 50-60.
- 4. Challenges and Potential for Harmonizing Insolvency Legislation Within the European Framework
Associate professor Luiza Cristina GAVRILESCU
▼Abstract▼The functional development of business relations requires the existence of a predictable and coherent legal framework that reduces legal uncertainty. The need to eliminate disparities in insolvency regulations among Member States’ legislations has prompted an effort to harmonize the existing rules so that they comply with minimum standards. The previous Directive (EU) 2019/1023 harmonized only aspects related to pre-insolvency restructuring and debt discharge after insolvency, but not the essential characteristics of the insolvency procedure itself. The main areas targeted by Proposal for a Directive COM (2022)702 to improve insolvency rules are: enhancing the efficiency of procedures by reducing their costs and duration; increasing the recovery rate of assets and improving their traceability; and ensuring a predictable and equitable distribution of the recovered value among creditors. These objectives can be achieved by adjusting the rules concerning: strengthening the duties and liability of directors; reinforcing the role of creditors’ committees; selling the debtor’s business through pre-pack procedures; the regime governing actions for the annulment of prejudicial prior acts; asset tracing and granting insolvency practitioners direct access to bank account registers and information on beneficial owners; interconnecting electronic auction systems for asset sales; increasing transparency through the preparation of a standardized information sheet.
Keywords: directors' liabilities, avoidance actions, asset tracing, pre-pack proceedings, enhancing transparency.
JEL Classification: K22, K35DOI: 10.62768/PLPA/2026/15/1/04
HOW TO CITE - Please cite this article as: Gavrilescu, Luiza Cristina, „Challenges and Potential for Harmonizing Insolvency Legislation Within the European Framework”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 61-72.
- 5. The Question of the Return to Parliamentary Sovereignty in South Africa: A Comparative Perspective
Associate professor Paul S. MASUMBE
▼Abstract▼South Africa’s constitutional framework is founded on the principle of constitutional supremacy, deliberately chosen to prevent the perceived abuse that parliamentary sovereignty enabled during apartheid. However, current debates on judicial power raise the legal question of whether courts have exceeded their interpretive mandate by effectively creating law. The central issue is whether a return to parliamentary sovereignty would advance democratic responsiveness or undermine constitutionalism. This article considers three questions: (i) Can judges legitimately exercise law-making authority over Parliament, and what is the role of the Separation of Powers, Checks and Balances? (ii) To what extent does judicial overreach contribute to the weakening of parliamentary oversight in a dominant-party state? and (iii) How does South Africa’s experience compare with other jurisdictions such as the United Kingdom, Finland, and Israel in this regard? It is argued that unchecked parliamentary sovereignty poses grave risks to democracy, while judicial overreach equally threatens constitutional legitimacy. The study will contribute to understanding the legal implications of a potential return to parliamentary sovereignty in South Africa, particularly concerning judicial law-making, parliamentary authority, and the separation of powers.
Keywords: parliamentary sovereignty, constitutional supremacy, judicial law-making, separation of powers, South Africa.
JEL Classification: K10, K38DOI: 10.62768/PLPA/2026/15/1/05
HOW TO CITE - Please cite this article as: Masumbe, Paul S., „The Question of the Return to Parliamentary Sovereignty in South Africa: A Comparative Perspective”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 73-92.
- 6. Lex Voluntatis and the International Character of Trade Contracts: Can Consent Create Internationality?
Lecturer Bogdan Cristian TRANDAFIRESCU
▼Abstract▼This study analyzes the role of the lex voluntatis principle in determining the law applicable to international trade contracts, with the objective of critically examining the thesis that parties may “internationalize” a purely domestic contract by merely choosing a foreign law. Using a comparative and doctrinal method, the research draws on key instruments of uniform law (The 1980 Rome Convention, Regulation (EC) No. 593/2008, The 1994 Inter-American Convention of Mexico City) as well as the Romanian Civil Code. The findings demonstrate that the choice of law does not constitute the source of a contract’s international character but rather a mechanism for resolving pre-existing conflicts of laws. The so-called “voluntary internationalization” of a domestic contract is, in this respect, a legal sophism, as it conflates the effect of party autonomy with its basis. The study reaffirms the objective nature of internationality and the need to preserve the distinction between contractual freedom and genuine elements of extraneity, subject to public order and mandatory rules.
Keywords: lex voluntatis; internationality; conflict of laws; party autonomy; private international law; legal sophism.
JEL Classification: K22, K33DOI: 10.62768/PLPA/2026/15/1/06
HOW TO CITE - Please cite this article as: Trandafirescu, Bogdan Cristian, „Lex Voluntatis and the International Character of Trade Contracts: Can Consent Create Internationality?”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 93-102.
- 7. The Impact of European Regulations on Life Insurance Contracts: Protection of Beneficiaries Between the Solvency II and IDD Directives
Assistant professor Maricica TUDOSE
▼Abstract▼Life insurance plays a crucial role in ensuring asset protection and economic security, while also representing a cornerstone of both the European financial market and the legal framework for consumer protection. In recent decades, European regulation has undergone significant developments, in particular with the adoption of Directive 2009/138/EC (Solvency II) and the Insurance Distribution Directive (IDD) (2016/97/EU). These instruments aim, on the one hand, to protect the financial stability and solvency of insurers and, on the other hand, to ensure a high level of transparency and fairness in contractual relationships. This article examines the impact of these directives on life insurance contracts, with a particular focus on the protection of the beneficiary as a central third party in the legal relationship. The analysis highlights both the indirect protection mechanisms provided for by Solvency II and the guarantees of transparency and fairness established by the IDD. In addition, it identifies synergies and tensions between the two regulatory frameworks, as well as challenges arising from their heterogeneous implementation in Member States. The conclusions emphasize the need for stronger and more explicit recognition of the legal status of the beneficiary, so that protection is ensured not only through market stability and distribution obligations, but also through direct normative recognition of the beneficiary's rights in the life insurance contract.
Keywords: life insurance, beneficiary, Solvency II, IDD, European regulations, consumer protection, financial stability, contractual transparency.
JEL Classification: K24, K32DOI: 10.62768/PLPA/2026/15/1/07
HOW TO CITE - Please cite this article as: Tudose, Maricica, „The Impact of European Regulations on Life Insurance Contracts: Protection of Beneficiaries Between the Solvency II and IDD Directives”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 103-112.
- 8. Assessing the Impact of Broad-Based Black Economic Empowerment
(B-BBEE) on Socio-Economic Inequality in South Africa:
Comparative Lessons from Slovakia and France
Lecturer Zibele N. NODANGALA; LLM. candidate Bulelani THUKUSE
▼Abstract▼Broad-Based Black Economic Empowerment (B-BBEE) Act, No. 53 of 2003 was introduced as one of South Africa’s central tools for correcting the deep socio-economic inequalities created by apartheid. Designed as a transformative policy, it aims to expand meaningful economic participation for historically marginalised groups through equity ownership, skills development, enterprise support, and preferential procurement. This paper investigates whether B-BBEE, as a mechanism of redress, has effectively challenged structural inequality or whether it has unintentionally reproduced and exacerbated the very disparities it sought to resolve. Using a qualitative research approach, the study examines the Foundations and the evolution of B-BBEE legislation, its practical outcomes, and its socio-economic impact on different demographics. The study compares the South Africa’s Socio-Economic with the ones of Slovakia and France. The paper concludes that the B-BBEE is a fallacy unless its intentions are redefined to clear implementations and accountability mechanisms.
Keywords: B-BBEE, Redress, Socio-economic Inequality, Transformation, Empowerment Policy, South Africa.
JEL Classification: F36, K38DOI: 10.62768/PLPA/2026/15/1/08
HOW TO CITE - Please cite this article as: Nodangala, Zibele N. & Bulelani Thukuse „Assessing the Impact of Broad-Based Black Economic Empowerment (B-BBEE) on Socio-Economic Inequality in South Africa: Comparative Lessons from Slovakia and France”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 113-128.
- 9. Transport Documents in International Maritime Conventions
Assistant professor Oana ADĂSCĂLIŢEI
▼Abstract▼This article aims to give an overview of the transport documents covered by the main international maritime conventions. The legal analysis emphasises the significance of electronic transport documents for enhancing international maritime trade. An analytical approach is employed to pinpoint legal solutions for the use of electronic transportation documents. The Rotterdam Rules 2008 set out the main rules on electronic transport documents, building on the CMI Rules on Electronic Bills of Lading, the UNCITRAL Model Law on Electronic Commerce 1996, and the UNCITRAL Model Law on Electronic Signatures (2001). The Rotterdam Rules provide for the alternative use of both transport documents and electronic transport records. The 2008 Rotterdam Rules address the issue of the negotiability of electronic transport records by establishing the conditions under which electronic systems can fulfil this function. From this perspective, the rules establish the principle of singularity, meaning that, concerning electronic documents, only one individual may possess them and exercise the rights associated with them. The other fundamental principle, known as the principle of equivalence in maritime e-commerce, establishes that both paper transport documents and electronic transport records possess equal legal value. The principle is demonstrated through the provisions regarding the issuance of electronic transport records, the inclusion of reservations in the contract particulars, and the evidentiary value of these contract particulars or the electronic signature. The provisions of the Rotterdam Rules 2008 concerning transport documents, including those in electronic format, are examined in relation to the provisions of the Hague-Visby Rules 1968 and the Hamburg Rules 1978.
Keywords: transport documents, electronic transport records, principle of equivalence, Hague-Visby Rules 1968, Hamburg Rules 1978, Rotterdam Rules.
JEL Classification: K23, K33DOI: 10.62768/PLPA/2026/15/1/09
HOW TO CITE - Please cite this article as: Adăscăliţei, Oana „Transport Documents in International Maritime Conventions”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 129-140.
- 10. Artificial Intelligence in Recruitment and Performance Evaluations: International Labour Law Perspectives on Equality
and Non-Discrimination
PhD. student Alexandra KOVACS
▼Abstract▼This study explores the use of artificial intelligence (AI) in recruitment and performance evaluation from the perspective of international labour law, focusing on equality and non-discrimination. The main objective is to examine how AI-driven human resource tools may affect workers’ rights and compliance with international standards, including ILO principles and relevant EU directives. The research employs comparative legal analysis, reviewing legislation, policy documents, and practical applications of AI in multinational workplaces. Preliminary findings suggest that while AI can improve efficiency and objectivity, it also carries risks of bias and unequal treatment if not properly regulated. The study will identify best practices to mitigate these risks, such as algorithmic transparency, regular audits, and inclusive design. The implications highlight the importance of clear legal frameworks to ensure AI supports fair and non-discriminatory workplace practices. This research aims to provide guidance for policymakers, employers, and legal practitioners seeking to align technological innovation with international labour standards.
Keywords: artificial intelligence, recruitment and performance evaluation, international labour law, equality and non-discrimination, algorithmic bias.
JEL Classification: K24, K31, K33DOI: 10.62768/PLPA/2026/15/1/10
HOW TO CITE - Please cite this article as: Kovacs, Alexandra „Artificial Intelligence in Recruitment and Performance Evaluations: International Labour Law Perspectives on Equality and Non-Discrimination”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 141-157.
- 11. Defending the Ballot: Legal and Policy Responses to Cyber Interference
in European Elections
Associate professor Adriana Iuliana STANCU; Associate professor Tal PAVEL
▼Abstract▼This study examines Russian cyber activities targeting European political elections, focusing on how Russia uses hacking, disinformation, and influence operations to undermine democratic institutions and sway public opinion. It highlights geographic hotspots in Central and Eastern Europe and the Balkans within the broader EU context. The research addresses key questions about the specific cyber tactics Russia employs and the legal and policy measures Europe has adopted to protect electoral integrity. The study maps Russian cyber threat actors and their strategies, assessing their operational objectives. It also evaluates existing national and EU-level legal frameworks and response mechanisms against foreign electoral interference. Methodologically, the study draws from a diverse range of reliable sources, including academic research, cybersecurity reports, journalism, and official publications, to provide a balanced and comprehensive analysis. Findings reveal that Russian cyber operations continuously and systematically target European elections using sophisticated methods. Current EU responses are fragmented, lack unified standards and enforcement, and create gaps in electoral security. The study argues for a holistic, multi-level European approach, emphasising the need for unified frameworks, permanent coordination, revised sanctions, and proportionate security measures. Ultimately, the research calls for an integrated European defence grounded in the rule of law, highlighting legally binding solidarity and institutional coherence among member states to strengthen democratic resilience.
Keywords: elections, cyber security, policy, Russia, attacks, European Union.
JEL Classification: K16DOI: 10.62768/PLPA/2026/15/1/11
HOW TO CITE - Please cite this article as: Stancu, Adriana Iuliana & Tal Pavel „Defending the Ballot: Legal and Policy Responses to Cyber Interference in European Elections”, Perspectives of Law and Public Administration 15, no. 1 (March 2026): 158-176.
