Perspectives of Law and Public Administration
Volume 15, Issue 2, June 2026
Table of Contents
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- 1. Judicial Independence in States That Have Undergone Unconstitutional Changes of Government with Specific Reference to
Selected African Countries
▼Abstract▼Judicial independence constitutes a cornerstone of constitutional democracy, the rule of law, and the protection of human rights. It is a fundamental element of constitutionalism, and it ensures that courts remain impartial arbiters in governance and protectors of constitutional order. This paper examines the institutional and constitutional dimensions of judicial independence in in states that have undergone unconstitutional changes of government (UCG), focusing on selected African countries. The paper begins by outlining the conceptual foundations of judicial independence and its entrenchment in international, regional, and domestic legal instruments. It then turns to the phenomenon of UCGs in Africa, identifying their legal implications and institutional impact on the judiciary. Using case studies from Mali, Guinea, Sudan, and Chad, the analysis explores how UCGs have led to the suspension or abrogation of constitutions, the restructuring or dissolution of judicial bodies, and executive interference in judicial appointments. The discussion highlights the judiciary’s dual role: on the one hand, as a guardian of constitutionalism and the separation of powers, and on the other, as an institution pressured to legitimise new regimes. The paper proceeds to assess the broader structural and contextual determinants of judicial independence in post-UCG settings and concludes by arguing that safeguarding judicial independence in states affected by UCGs requires a combination of entrenched constitutional guarantees, institutional resilience, and effective regional enforcement mechanisms. It contends that while constitutional provisions are necessary, they are insufficient without practical reforms and a sustained commitment to the separation of powers.
Keywords: judicial independence, democracy, constitutionalism, government, African countries.
JEL Classification: K42, K49
DOI: 10.62768/PLPA/2026/15/2/01
HOW TO CITE - Please cite this article as: Mubangizi, John C, „Judicial Independence in States That Have Undergone Unconstitutional Changes of Government with Specific Reference to Selected African Countries”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 182-204.
- 2. Digital Sovereignty and Constitutionalism in Cyberspace: Challenges for Contemporary Political Institutions
Lecturer Simona MIHĂILESCU-PENE▼Abstract▼The accelerated technological transformations of recent decades have generated a profound reconfiguration of the exercise of public power and of the relationships between the state, the citizen, and global private actors. In this context, the concept of digital sovereignty has become central to constitutional and legal debate, reflecting the necessity for states to preserve their regulatory capacity over digital infrastructures, data flows, and emerging technologies. This paper analyzes, from the perspective of constitutional law and the theory of political institutions, the impact of cyberspace on the classical paradigm of sovereignty, as well as the role of political institutions in digital governance. The methodology is based on doctrinal analysis, normative interpretation of relevant constitutional provisions, the comparative method, and the examination of the applicable European legislative framework. The findings highlight the transition from a predominantly territorial sovereignty to a functional one, centered on the control of data and digital infrastructures, as well as the need to adapt constitutional mechanisms to new technological realities. In this respect, the paper advances the thesis that digital sovereignty represents a functional extension of classical constitutionalism. The implications for Romanian legislation consist in the need to strengthen guarantees related to data protection, cybersecurity, and democratic oversight of the use of emerging technologies, in accordance with the principles of legality, proportionality, and the separation of powers.
Keywords: digital sovereignty; constitutionalism; artificial intelligence; fundamental rights; cyberspace; rule of law.
JEL Classification: K10, K24
DOI: 10.62768/PLPA/2026/15/2/02
HOW TO CITE - Please cite this article as: Mihăilescu-Pene, Simona, „Digital Sovereignty and Constitutionalism in Cyberspace: Challenges for Contemporary Political Institutions”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 205-223.
- 3. FinTech and Artificial Intelligence in Financial Services: Comparative
Regulatory Challenges
PhD. student Ádám KÖTELES
▼Abstract▼The rapid development of financial technologies and artificial intelligence is transforming the structure, operation, and regulation of contemporary financial services. FinTech applications, including digital payments, crowdfunding platforms, robo-advisory services, blockchain-based systems, RegTech, and SupTech, contribute to greater efficiency, accessibility, and financial inclusion. At the same time, their growing use generates significant legal and institutional risks related to consumer protection, data security, algorithmic discrimination, cybersecurity, market stability, regulatory fragmentation, and the cross-border provision of financial services. This article examines the evolution of FinTech and the increasing integration of artificial intelligence into the financial sector from a comparative legal perspective. The research is based on the analysis of relevant academic literature, European Union legislation, international regulatory approaches, and selected national practices, with particular attention to the regulatory framework applicable in the European Union and to developments in Hungary. The study also considers the implications of Regulation (EU) 2024/1689 on artificial intelligence for financial institutions, especially in relation to high-risk AI systems used for creditworthiness assessment, risk management, compliance, and supervisory activities. The analysis demonstrates that the principal regulatory challenge is to reconcile technological innovation with consumer protection, financial stability, transparency, accountability, and effective supervision. Excessively restrictive regulation may hinder innovation and market access, whereas insufficient oversight may expose consumers and financial systems to fraud, discrimination, operational failures, and systemic risks. The article therefore argues in favour of proportional and risk-based regulation, strengthened international cooperation, regulatory sandboxes, and closer integration between financial supervision and artificial intelligence governance. It concludes that coherent national and international regulatory frameworks are necessary to ensure that FinTech innovation develops in a secure, ethical, and legally accountable manner.
Keywords: FinTech, artificial intelligence, legislation, application of law.
JEL Classification: K22, K23, K24DOI: 10.62768/PLPA/2026/15/2/03
HOW TO CITE - Please cite this article as: Köteles, Ádám, „FinTech and Artificial Intelligence in Financial Services: Comparative Regulatory Challenges”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 224-236.
- 4. The Challenge of Regulation in the Face of New Technologies: From the Dawn of the Internet to the Age of Artificial Intelligence
Lecturer Bogdan Cristian TRANDAFIRESCU
▼Abstract▼The article analyzes the relationship between technological innovation and the legislator’s response, as well as the capacity of law to adapt to new realities. It compares the now historical experience of regulating legal relationships in the digital environment with the current challenges generated by artificial intelligence. The paper is structured in two main parts, followed by conclusions. The first part examines the beginnings of the Internet and the evolution of the regulations it required. The second part analyzes artificial intelligence as a new object of regulation. The analysis compares the main regulatory models developed in the European Union, the United States of America, and China. What brings these two technological eras closer together is their radical novelty in relation to the traditional legal relationships and institutions with which law has operated for millennia, as well as the question of the legislator’s response. What distinguishes them is the fact that, whereas the Internet is merely a virtual environment in which people interact and for which old legal institutions were adapted, artificial intelligence appears rather as a reactive reality with which one can interact, which acts, which will become increasingly independent, and which may perhaps acquire self-awareness in the more distant future.
Keywords: internet regulation; artificial intelligence; electronic commerce; electronic signature; legal liability; technological neutrality; the ethics of artificial intelligence.
JEL Classification: K10, K24DOI: 10.62768/PLPA/2026/15/2/04
HOW TO CITE - Please cite this article as: Trandafirescu, Bogdan Cristian, „The Challenge of Regulation in the Face of New Technologies: From the Dawn of the Internet to the Age of Artificial Intelligence”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 237-252.
- 5. International Environmental Law and Global Environmental Governance:
Principles, State Responsibility and Sustainable Development
LLM Candidate Seshoka PHETOLE; Professor Kola O. ODEKU
▼Abstract▼International law has played a decisive role in the emergence, consolidation, and continuing development of international environmental law. Through international declarations, multilateral treaties, customary rules, and judicial decisions, it has established a normative framework intended to prevent environmental harm, regulate activities with transboundary effects, promote sustainable development, and strengthen the accountability of states and private actors. This article critically examines the contribution of international law to global environmental governance, with particular emphasis on the legal principles, institutional mechanisms, and judicial developments that shape contemporary environmental protection. The research employs a doctrinal and analytical methodology based on the examination of relevant international legal instruments, including the Stockholm Declaration, the Rio Declaration, the United Nations Framework Convention on Climate Change, and other multilateral environmental agreements. It also considers the contribution of international and regional jurisprudence, particularly decisions concerning transboundary pollution, due diligence, environmental impact assessment, public participation, and state responsibility. The analysis focuses on the principles of prevention, precaution, polluter pays, good neighbourliness, common but differentiated responsibilities, intergenerational equity, and public participation. These principles perform multiple functions: they guide state conduct, support the interpretation of international obligations, assist courts in resolving environmental disputes, and provide a normative basis for the development of new legal duties. The article demonstrates that international environmental law has evolved into a complex system that combines environmental protection with sustainable development, human rights, procedural guarantees, and international cooperation. However, the effectiveness of this framework remains limited by fragmented enforcement mechanisms, differences in state capacity, uneven political commitment, and the predominantly non-binding character of certain international instruments. The article concludes that stronger implementation mechanisms, enhanced judicial and institutional cooperation, and more effective state accountability are necessary to transform international environmental principles into practical and enforceable guarantees of environmental protection.
Keywords: international environmental law; global environmental governance; environmental principles; state responsibility; sustainable development; environmental protection; international jurisprudence; public participation.
JEL Classification: K32, K33DOI: 10.62768/PLPA/2026/15/2/05
HOW TO CITE - Please cite this article as: Phetole, Seshoka & Kola O. Odeku, „International Environmental Law and Global Environmental Governance: Principles, State Responsibility and Sustainable Development”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 253-276.
- 6. Artificial Intelligence and Algorithmic Citizenship: Legal Risks of Discrimination in Public Governance
PhD. candidate Luiza-Florentina CURELUȘĂ
▼Abstract▼The increasing use of artificial intelligence and algorithmic systems in public governance is gradually transforming the traditional relationship between individuals, citizenship, and the state. Citizenship is no longer shaped exclusively by formal legal status and political membership, but increasingly by data-driven classifications, digital profiles, and automated decision-making processes that may influence access to rights, public services, social benefits, education, employment, and migration procedures. This development has contributed to the emergence of the concept of algorithmic citizenship, which reflects the growing mediation of citizens’ rights, opportunities, and social inclusion through computational systems. This article examines the legal and social implications of algorithmic citizenship, with particular emphasis on the risks of discrimination, inequality, and social stratification generated by artificial intelligence systems. The research employs a doctrinal and analytical methodology based on the examination of relevant international and European legal instruments, including the OECD Recommendation on Artificial Intelligence, the United Nations Global Digital Compact, the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, and Regulation (EU) 2024/1689 on artificial intelligence. The analysis is complemented by selected examples concerning the use of algorithms in education, employment, facial recognition, social protection, and migration-related procedures. The study demonstrates that algorithmic systems may improve administrative efficiency and reduce certain forms of human subjectivity, but they may also reproduce or intensify existing social biases when they rely on incomplete, distorted, or historically discriminatory data. Their opacity may further restrict the ability of affected individuals to understand, contest, or obtain effective remedies against automated decisions. The article concludes that artificial intelligence should remain compatible with the legal guarantees attached to citizenship. Algorithmic decision-making must therefore be governed by transparency, accountability, human oversight, equality, non-discrimination, and effective access to remedies. Without adequate legal and institutional safeguards, technological innovation risks weakening, rather than strengthening, the protection of citizens’ fundamental rights.
Keywords: algorithmic citizenship; artificial intelligence; public governance; fundamental rights; discrimination; social stratification; automated decision-making; human oversight.
JEL Classification: K24, K38, O33, Z13DOI: 10.62768/PLPA/2026/15/2/06
HOW TO CITE - Curelușă, Luiza-Florentina, „Artificial Intelligence and Algorithmic Citizenship: Legal Risks of Discrimination in Public Governance”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 277-288.
- 7. Electricity Supply Contracts, Public Services and Consumer Protection: A Comparative Analysis of French and Hungarian Law
PhD. student Ferenc CSIBOR
▼Abstract▼The regulation of contracts concluded between electricity suppliers and consumers lies at the intersection of energy law, consumer law, civil law, and the law governing public services. Although France and Hungary belong to the continental legal tradition and regulate essentially the same contractual relationship, their legal systems approach its classification and normative placement from different theoretical and legislative perspectives. This article provides a comparative legal analysis of electricity supply contracts in French and Hungarian law. The research combines doctrinal analysis with the examination of the relevant legislative frameworks, focusing on the legal nature of contracts relating to public services, their position within the public–private law divide, and the degree of protection afforded to electricity consumers. Particular attention is given to the French theory of administrative contracts and public services, as well as to the less consolidated Hungarian concept of administrative or public contracts. The study demonstrates that, in France, electricity supply contracts are primarily regulated by the Consumer Code, even though electricity constitutes a public service governed more broadly by energy legislation. This legislative choice emphasizes the contractual position and protection of the consumer. In Hungary, by contrast, the relevant provisions are contained mainly in the legislation governing the electricity sector. The Hungarian model therefore adopts a more technical and sector-specific approach, distinguishing among contracts for connection to the electricity network, use of the network, and purchase of electricity. Despite these differences, the analysis reveals significant convergence. Both legal systems classify contracts between electricity suppliers and consumers as civil-law contracts and provide safeguards concerning pre-contractual information, contract formation, termination, billing, and the protection of vulnerable consumers. The article concludes that different theoretical conceptions of public services and administrative contracts may nevertheless produce comparable regulatory outcomes. These similarities may provide a useful basis for future European legislative development in the fields of energy services and consumer protection.
Keywords: electricity supply contracts; public services; consumer protection; administrative contracts; energy law; comparative law; France; Hungary.
JEL Classification: K23DOI: 10.62768/PLPA/2026/15/2/07
HOW TO CITE - Please cite this article as: Csibor, Ferenc, „Electricity Supply Contracts, Public Services and Consumer Protection: A Comparative Analysis of French and Hungarian Law”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 289-308.
- 8. Cyberspace as an Emerging Regulatory Domain in European Union Law: Cybersecurity and Digital Strategic Autonomy
Lecturer Aurel - Octavian PASAT
▼Abstract▼Cyberspace has evolved from a primarily technological and economic environment into a complex legal and strategic domain in which economic activity, public administration, fundamental rights, security interests, and geopolitical competition increasingly intersect. The growing dependence of the European Union and its Member States on digital infrastructures, information systems, data flows, cloud services, and emerging technologies has exposed significant vulnerabilities, particularly in relation to cyberattacks, critical infrastructure, technological dependencies, and external control over strategic digital resources. These developments have prompted the European Union to progressively construct a regulatory framework capable of addressing cyberspace as a distinct field of legal intervention. This article examines the emergence of cyberspace as a regulatory domain within European Union law. The research adopts a doctrinal and analytical methodology based on the interpretation of relevant provisions of the Treaties, secondary legislation, policy documents, and selected case law of the Court of Justice of the European Union. Particular attention is given to the legal foundations of EU action in the field of cybersecurity, the division of competences between the Union and the Member States, and the role of instruments such as the NIS and NIS 2 Directives, the Cybersecurity Act, the General Data Protection Regulation, the Digital Services Act, and the Digital Markets Act. The analysis demonstrates that, although the Treaties do not expressly recognise cyberspace as an autonomous area of competence, European Union law has gradually developed a functional and cross-sectoral regulatory approach. Cyberspace is increasingly governed at the intersection of the internal market, cybersecurity, public order, fundamental rights, and strategic resilience. This evolution also reveals a persistent tension between the need for coordinated European action and the preservation of Member States’ competences in matters of national security. The article further analyses digital strategic autonomy as an emerging legal and political principle through which the European Union seeks to reduce critical technological dependencies, protect digital supply chains, secure essential infrastructures, and strengthen its normative capacity in relation to global technology actors. It argues that digital strategic autonomy is becoming a central element of the Union’s collective sovereignty and resilience. Finally, the study advances several proposals de lege ferenda, including the recognition of digital strategic autonomy as a general principle of EU law, the creation of a special legal regime for digital infrastructure of strategic European interest, and the development of a European right to digital continuity. The article concludes that cyberspace should be expressly and coherently integrated into the contemporary legal architecture of the European Union in order to ensure security, competitiveness, institutional resilience, and the effective protection of fundamental rights.
Keywords: cyberspace; cybersecurity; European Union law; digital strategic autonomy; digital sovereignty; critical infrastructure; fundamental rights; EU competences.
JEL Classification: K23, K24DOI: 10.62768/PLPA/2026/15/2/08
HOW TO CITE - Please cite this article as: Pasat, Aurel-Octavian, „Cyberspace as an Emerging Regulatory Domain in European Union Law: Cybersecurity and Digital Strategic Autonomy”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 309-320.
- 9. Banking Regulation and the Protection of Core Banking Functions in Zimbabwe: Challenges and Reform Imperatives (2000–2026)
Post-doctoral research fellow Menelisi NCUBE
▼Abstract▼This article investigates the extent to which banking institutions in Zimbabwe have retained their core statutory functions as prescribed under the Banking Act 9 [Chapter 24:20] of 1999 in the context of persistent economic instability from 2000 to the present. It identifies the gradual erosion and potential extinction of fundamental banking functions due to hyperinflation, recurrent bank failures, regulatory inefficiencies, and inconsistent monetary policies. The novelty of this study lies in its departure from traditional doctrinal analysis by adopting a functional approach that interrogates whether banks are effectively performing their legally mandated roles in practice. Methodologically, the article employs a qualitative doctrinal legal analysis, supplemented by elements of socio-legal inquiry to contextualise regulatory and institutional challenges. The discussion is structured to examine each core banking functions; deposit-taking, credit extension, money transmission, foreign exchange trading, and custodial services against Zimbabwe’s economic realities, while drawing some valuable insights from international banking practices. The findings reveal a significant decline in the utilisation and effectiveness of these functions, largely driven by public mistrust and the rise of informal financial systems. The article proposes regulatory reforms centred on monetary discipline, enhanced corporate governance, and technological integration. It concludes that without urgent intervention, the functional relevance of banks in Zimbabwe may be irreversibly diminished.
Keywords: banking functions, Zimbabwe, financial regulation, hyperinflation, bank failures & monetary policy.
JEL Classification: K23, K24DOI: 10.62768/PLPA/2026/15/2/09
HOW TO CITE - Please cite this article as: Ncube, Menelisi, „Banking Regulation and the Protection of Core Banking Functions in Zimbabwe: Challenges and Reform Imperatives (2000–2026)”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 321-342.
- 10. Unequal Knowledge, Unequal Law: Intelligence Asymmetry in Comparative Public Law
PhD. researcher Reza ABBASI
▼Abstract▼This article addresses a problem of public law: the predictable gap between the intelligence relevant to public power and the ability of interested parties, legislatures, and courts to acquire and challenge that intelligence. The problem of such a gap—what we call intelligence asymmetry — is not a special case involving particular trade-offs between security and other values, but rather a regularly managed aspect of public law. Through a range of techniques that are recognized and utilized in all constitutional systems of law, those who possess and rely upon intelligence related to public power manage this problem in predictable ways. Part of this article is doctrinal and comparative legal research, examining constitutional and statutory law, mechanisms of oversight, and particular cases in the European Union, the United States, and the Islamic Republic of Iran. The article identifies similar patterns of behavior in the secrecy practices of these governments, tracing intelligence activity outside normal competence and organizational channels, offering procedural alternatives to adversarial testing of the facts, and constructing doctrines of evidence and justiciability that systematically shift the burden of proof to the parties least able to meet it. The upshot of these practices is to transfer further authority to security agencies and to limit judicial review, while monitoring the behavior of such agencies through bodies that have become partial epistemic substitutes for accountability. Formally general legal rules amount to unequal law when access to the facts and law relevant to legal adjudication is unequally distributed. This article explains why this is so, and outlines a set of “information due process” proposals designed to equalize access to the information that matters while respecting legitimate secrecy.
Keywords: intelligence asymmetry; state secrecy; intelligence oversight; judicial review; rule of law; equality before the law.
JEL Classification: K23DOI: 10.62768/PLPA/2026/15/2/10
HOW TO CITE - Please cite this article as: Abbasi, Reza, „Unequal Knowledge, Unequal Law: Intelligence Asymmetry in Comparative Public Law”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 343-357.
- 11. Artificial Intelligence Governance in the Insurance Market: Legal Risks, Regulatory Challenges and Policyholder Protection
Assistant professor Maricica TUDOSE; Associate professor Ion BÎTCĂ
▼Abstract▼The rapid development of artificial intelligence in the insurance market is driving a profound transformation of traditional underwriting, pricing, and claims management mechanisms. However, the use of algorithmic systems in these areas raises significant legal and ethical issues, particularly regarding the transparency of automated decisions, the risk of discrimination, and the identification of the party liable for any resulting damages. This article examines the concept of ethical governance of artificial intelligence as applied to the insurance market, from the perspective of insurance law and the protection of the fundamental rights of the insured and the beneficiary. In this context, the main ethical principles with legal relevance – legality, transparency, non-discrimination, accountability, and human oversight – are examined, as well as the regulatory instruments capable of ensuring the responsible use of artificial intelligence. The analysis highlights the limitations of the current legal framework and the need to integrate ethical governance into the regulatory architecture of the insurance sector as a mechanism for preventing contractual imbalances and strengthening trust in digital systems. Finally, proposals are put forward for the development of a legal-ethical governance model tailored to the specific characteristics of the insurance market.
Keywords: artificial intelligence; ethical governance; insurance law; automated decision-making; beneficiary protection; legal liability; Insurtech.
JEL Classification: K24, K32DOI: 10.62768/PLPA/2026/15/2/11
HOW TO CITE - Please cite this article as: Tudose, Maricica & Ion Bîtcă, „Artificial Intelligence Governance in the Insurance Market: Legal Risks, Regulatory Challenges and Policyholder Protection”, Perspectives of Law and Public Administration 15, no. 2 (June 2026): 358-372.
