Pravni vjesnik

BOOK REVIEW : ALEŠ ZAVRŠNIK AND KATJA SIMONČIČ (EDS.), LAW AND ARTIFICIAL INTELLIGENCE: ISSUES OF ETHICS, HUMAN RIGHTS, AND SOCIAL HARM, DOBRA KNJIGA, SARAJEVO, 2023. Dobra knjiga

Ivan Vidaković — 2024-05-06

This book, the result of the research project "Human Rights and Regulation of Artificial Intelligence Worth Advocating," presents a comprehensive approach to issues arising from the ubiquitous implementation of artificial intelligence (AI) in everyday life. The authors addressed the complex and diverse aspects of AI's impact on law, democracy, criminal law, and the ethical considerations of AI development and use.

Published in 2023 by the publisher "Dobra knjiga" from Sarajevo, the book comes with an added value in the form of a foreword by Professor Emeritus Dr. Hajrija Sijerčić-Čolić. Her foreword emphasizes the importance of a systematic and multidimensional approach to the subject, transcending the boundaries of classical legal analysis and encompassing sociological-psychological and philosophical-historical contexts. One of the key contributions of the book is the adaptation of complex and internationalized terms specific to the AI field. Professor Emeritus Dr. Sijerčić-Čolić recognized the challenges of linguistic adaptation to the Bosnian and regional languages and highlighted the importance of creating new terms that correspond to specific linguistic expressions and rules of the region addressed by the book.

Throughout all five chapters and the works of the 16 authors, the book underscores the importance of a serious approach to the development and implementation of AI, highlighting its unlimited potential, along with the dangerous risks that must not be overlooked. Given the rapid development of AI and the potential lag in legal regulation, open questions are posed that serve as an excellent starting point for considering responsible and ethical approaches. Through a holistic approach, the book analyzes general regulatory issues, the impact of AI on law and social processes, and ethical implications. In addition to theoretical discussions, the authors rely on the analysis of specific AI systems, research, regulations, court decisions, and examples, making the book suitable not only for the academic community but also for legal practitioners, advisory bodies, legislative bodies, non-governmental organizations, and the interested public.

This book will serve as a guide through complex concepts, regulations, and research at the intersection of law and AI, providing readers with guidance to face challenges and contribute to solutions.

VALUE EDUCATION IN LAW SCHOOL CURRICULUM

Nikol Žiha — 2024-05-06

According to the EU Justice Scoreboard reports, over 70% of Croatian citizens are dissatisfied with the Croatian judiciary, particularly its independence and efficiency. This paper addresses the deep-rooted challenges in the country’s legal education system. Despite reform initiatives, the current system serially produces ‘legal technicians’ lacking values, critical thinking capacity, and active student engagement. This echoes Montesquieu’s depiction of legal practitioners as ‘mouths that pronounce the words of the law.’ Acknowledging the pivotal role of legal education methodology in the creation of future legal practitioners and legal culture, this contribution explores how an average regular educator can support the development of students’ moral reasoning and values awareness. Through predominantly analytical research methods, we critically examine whether higher education environments should incorporate value education, the feasibility of teaching values in the traditional sense, and the potential of ethical analysis in a classroom to truly influence ethical behaviour in practice. Furthermore, we explore the complex matter of authority to decide on values to be imparted and delve into value education methodology. Concluding with practical suggestions, we propose the integration of the Evocation-Realization of meaning-Reflection (ERR) framework into lectures, as well as various creative tools to enhance moral reasoning.

THE CONCEPT AND LEGAL NATURE OF USUFRUCT IN THE ROMAN LEGAL TRADITION

Mirza Hebib — 2024-05-06

The concept of usufruct as an independent right, ius in re aliena, was not questioned in Justinian’s sources, while on the other hand, its systematisation, development, and legal nature in analyses of classical law were the subject of serious debates among Romance experts, mainly in Italian Romance studies from the beginning of the 20th century. Some experts in Romance studies understood usufruct as pars dominii, i.e. part of the property right that the owner retains for himself, thereby denying him the position of a special right. Such a concept originates from the glossator and post-glossator schools and, the paper analyses strong reflections of their teaching on contemporary legal doctrine. The paper deals with the concept and definition of usufruct and conducts analysis into the legal sources and reasons that led to differences in the understanding of the legal nature of the institute in the Roman legal tradition.

CERTAIN ASPECTS OF CONSUMER PROTECTION THROUGH MISDEMEANOUR

Ivan Vukušić — 2024-05-06

The paper deals with certain aspects of consumer protection under misdemeanour law in the Croatian law. In general, consumer protection in the Croatian law is achieved through different legal sources and several different consumer protection mechanisms. By analysing these regulations and methods of consumer protection, one tries to conclude on the adequacy of consumer protection through misdemeanour sanctions, bearing in mind the protected legal good and the purpose of sanctions. The paper is based on the fact that the general norms of misdemeanour law derive from the Misdemeanour Act and that the goal is to investigate the peculiarities deviating from the existing regulation. The research reveals some specificities and distinctive features of misdemeanour sanctions and misdemeanour proceedings aimed at protecting consumers. Firstly, the focus of protection is on the consumer, who is not uniformly defined in all regulations that foresee misdemeanours. Furthermore, the permissibility of protecting certain legal interests (life, health) by misdemeanour regulations that govern consumer protection is analysed. Additionally, attention is drawn to the shortcomings of the existing framework of misdemeanour sanctions, arising from the implementation of various directives and other European sources aimed at protecting consumers that aim to introduce effective, appropriate, proportional, and deterrent sanctions into national law. Further harmonisation of the sanction framework has been achieved through the recent transposition of Directive (EU) 2019/2161, which introduces new criteria for determining sanctions. It also emphasises the application of the non bis in idem principle, which is relevant to national law. Additionally, as a special feature of misdemeanour consumer protection, the principle of opportunity has been analysed in the study.

A COMPARATIVE REVIEW OF THE LEGAL STATUS OF NATIONAL CRYPTOCURRENCIES AND CBDCs

Šime Jozipović — 2024-05-06

This paper analyses the legal framework of national virtual currencies and so-called Central Bank Digital Currencies (CBDCs) from a comparative law perspective. The authors define the meaning of the terms “means of payment” and “legal tender” and determine the legal consequences of classifying certain means of payment as legal tender. Building on this, the authors present new developments in the field of sovereign virtual currencies and shed light on their evolution through a comparative legal analysis of various national virtual currencies. In this context, the authors present developments in various African countries, Venezuela’s initiative to introduce the first state-backed crypto token, the first CBDC pilot projects in Uruguay and China, and considerations to introduce a CBDC in the EU. Based on the analyzed systems, problems regarding privacy, user protection and effective regulation of transactions are highlighted in order to present the legal challenges for the establishment of a fully functional (supra-)national euro CBDC.

THE PUBLIC PARTICIPATION PRINCIPLE IN ENVIRONMENTAL DECISION MAKING IN INTERNATIONAL LAW

Ivana Stjelja — 2024-05-06

The public participation principle allows the public to express their views and needs, thus effective implementation of this principle enables citizens and their associations to influence decisions important to them. In the 1990s, there was a growing idea that to make a fair environmental decision, it was essential to involve those affected by the decision. This article researches into the public participation principle in the field of environmental protection, both in theory and in its position within international environmental law. Moreover, it examines the concept and elements of public participation, the notion of the public, and the significance of public participation in realising environmental rights. International environmental treaties analysis reveals that the public participation principle has been widely accepted, and has played a crucial role in their further development.

CRIMINAL OFFENCE OF VIOLENT BEHAVIOUR IN BOSNIA AND HERZEGOVINA – THEORETICAL AND PRACTICAL PROBLEMS

Alen Lukač — 2024-05-06

The subject of the paper is the consideration of the criminal offence of violent behaviour in the criminal material law of Bosnia and Herzegovina from the theoretical, normative, and practical aspects. The paper first analyses the historical development of the criminal offense of violent behaviour in the territory of Bosnia and Herzegovina. The central part of the paper is a detailed analysis of the criminal offence of violent behaviour in Bosnia and Herzegovina from de lege lata aspect. Special reference is given to the semantic contextual analysis of the provision and the presentation of possible modalities of actions for committing this criminal offence, the consequences of the offence and the presentation of the legal position of court practice. The paper presents a criticism of certain court decisions in which the significance of the consequences of the “act of threat to civil peace“ have been unjustly reduced. Finally, de lege ferenda proposals are presented with the aim of more fully regulating the criminal offence of violent behaviour in Bosnia and Herzegovina.