Acta Universitatis Danubius. Juridica

The General Data Protection Regulation of 2016 (GDPR) Meets its Sibling the Artificial Intelligence Act of 2024: A Power Couple, or a Clash of Titans?

Junaid Butt — 2024-08-30

The European Union (EU) Parliament and Council of the European Union adopted the General Data Protection Regulation of 2016 (“the GDPR, 2016”) (European Data Protection Supervisor, 2024) on 14 April 2016, to become effective on 25 May 2018 as an EU regulation (instead of a directive), GDPR is directly applicable with force of law on its own without the need of transposition and, widely considered one of the strictest data privacy and security laws globally while on March 13, 2024, the European Union (EU) Parliament adopted the world’s first law governing “artificial inelegance” the EU Artificial Intelligence Act of 2024 (“the AI Act, 2024”)^[1]. In the ever-evolving landscape of data governance and technological advancement, the intersection between the GDPR and the newly introduced AI Act, 2024 stands as a pivotal point of examination. While both regulations share the goal of protecting individuals’ rights, their specific areas of focus and compliance requirements raise intriguing questions about their potential interplay. This research article explores the complex relationship between these two regulatory frameworks, exploring whether they function as a synergistic “power couple” or engage in a tumultuous “clash of titans”. Through comprehensive analysis and critical evaluation, the article scrutinizes how the “power couple” of GDPR and the AI Act, 2024 function together, we aim to shed light on whether they will truly be a force for responsible AI development or lead to a “clash of titans” hindering innovation. Drawing upon legal, ethical, and practical perspectives, the study navigates through the complexities of data protection, algorithmic governance, and the ethical deployment of artificial intelligence. By elucidating the nuances of this regulatory interplay, the article contributes to a deeper understanding of the challenges and opportunities presented by the convergence of data protection and AI governance in the digital age. It will be of particular interest to researchers, policymakers, and businesses involved in the development and deployment of AI systems.

Opportunities and Challenges Affecting the Promotion of Good Governance, Open Data and Transparency Initiatives in South Africa

Howard Chitimira — 2024-08-30

Open data and transparency initiatives are increasingly seen as public administration innovations that are essential for promoting good governance, accountability and public participation in government activities. These initiatives have the potential to promote efficiency, transparency and accountability in government activities while also empowering all persons to fight the scourge of corruption by elected public officials in South Africa. The article examines the current state of open data and transparency initiatives so as to unpack the opportunities and challenges they present to the promotion of good governance in South Africa. The article further explores the open data initiatives and the legal framework for the access to information that is provided under the Promotion of Access to Information Act 2 of 2000, the Protection of Personal Information Act 4 of 2013 and the Municipal Finance Management Act 56 of 2003. It is submitted that open data and transparency initiatives should be carefully utilised by regulators, government agencies and other relevant persons to improve governance matters in South Africa. Lastly, some recommendations to combat the aforesaid challenges will be provided to enhance good governance and public administration in South Africa.

An Evaluation of Violent Terrorist Groups, Conflict and Development in the Sahel-Sahara Region

Moshood Saka — 2024-08-30

Sahel-Sahara region has been enduring series of conflicts which range from varying degrees with detrimental impacts on the lives of millions of inhabitants living in the region. While many studies have strongly affirmed this assertion, the emerging states are divided in terms of secular religion, pastoralist, farmer and ethnicity which resulted in persistent conflicts. These elements have devastating effects on the socio-economic development, natural cohesion, peace and nation building in the region. The aim of this study, therefore, was to examine the tide of terrorism and the attendant effects in the region. Using qualitative research methods, the study explores the background of the multidimensional crisis and analyse the violent terrorist groups, communal conflicts, causes of the crisis, development crisis and measures implemented by various international organisations to stem the tide for nation building. Primary and secondary sources were utilised to provide deeper insights and support the analysis. The findings reveal that lack of democratic institution in the region is the major causes of the crisis measures and efforts to eradicate insecurity are significant processes in this study. The study concludes that multifaceted issues of insecurity, violent, terrorism and communal conflicts in the region are evidence that the implementation of democratic measures in the region has not yielded progress

Climate Change Inaction as Violation of Human Rights: The Swiss Women Climate Case and Impact on Stock Markets

Collins, C Ngwakwe — 2024-08-30

Climate litigation has commonly been viewed as complicated by the courts and judges. Objective: this objective of this paper is to examine if climate inaction by a state constitutes and infringement on human right. It also aimed to analyse the effects of court decision on climate change litigation on global stock exchange performance. Priorwork: the paper inclines on prior literature on climate litigations and on the efficient market hypothesis of information impact on stock prices. Method: the paper applied two approaches namely a qualitative conceptual approach with the analysis recent ECHR, and brief quantitative approach using World Stock Market Index data. Results: climate change inaction by a state may constitute a violation of human right to life, quality of life and wellbeing. Also, the court decision on climate change litigation affects world index of stock markets significantly and negatively – showing that climate change litigation causes a negative jittery on stock markets. Implication: the paper offer implication for university business law departments, finance, economics and accounting academics for curriculum and research. It also offers practical implication for businesses to balancing economic risks inherent in business climate accountability. Value: the paper contributes a novel framework on climate inaction as violation of human rights and offers a new model of analysis with a combination of climate ligation and World Index of Stock Exchanges.

Mandatory Forensic Expertise of Audio-Video Recordings When they are Disputed in a Criminal Case

Sandra Gradinaru — 2024-08-30

In the context of technological advancement and the increasing use of audio and audio-video recordings as evidence in criminal proceedings, in order to ensure the right to a fair and the defendant’s right to defend itself, it is necessary to perform an a posteriori check of such evidence in the situation where its authenticity is disputed. A posteriori control of tapings used as evidence in criminal trials can be achieved only by an expert, which represents a legal means of evidence of great importance and consists in the conduct of investigations, analyses, assessments and conclusions of a technical nature. In case-law we note that the forensic technical expertise on digital data is rarely issued by courts. We also note that the reasoning of the courts in approving or denying such evidence is insufficient and unclear. To justify the denial of the evidence consisting in forensic technical expertise, the courts invoked reasons such as the celerity of criminal trials, the lack of usefulness of such proof (without providing a detailed analysis), and the court’s own judgement regarding the authenticity of the recordings, from simply viewing / listening to the tapes. We believe that the courts should actively investigate the authenticity of the records used as evidence, since any deletion, editing, insertion of replicas or alteration of the original content of a recording can lead to a change in the meaning of a conversation. If an evidence is proved to be altered, it is necessary to eliminate such evidence from the case file.

Reflection on the recognition of marriage between persons of the same sex in the light of the ECtHR Decision in the case of “Buhuceanu and Others v Romania

Oana Chicos — 2024-08-30

The issue of marriage between persons of the same sex has frequently sparked both emotional and political debates between supporters and opponents, and the debates related to unions concluded between persons of the same sex continue very strongly. Analyzing these aspects, it can be observed that in the Convention for the Defense of Human Rights and Fundamental Freedoms no right is guaranteed regarding marriage between persons of the same sex, but nevertheless, an attempt is made to build a right of legal recognition for couples formed by people of the same sex. The European Court of Human Rights highlighted that it is the right of the member states to protect marriage and the family, this being done with the “specific realities of each state”. In relation to the Romanian legislative framework, we underline the fact that the only form of union accepted by Romanian law is the traditional marriage, which is concluded between men and women. Or, we raise the question, if the Convention for the Protection of Human Rights and Fundamental Freedoms does not guarantee any right regarding same-sex marriage, and the European Court of Human Rights highlights the fact that every state is obliged to protect marriage and the family in relation to the realities and own beliefs, why does the latter force the Romanian state to go over constitutional beliefs and values? In order to be able to make legal arguments on this matter, I believe that we must not give up the fundamental values of a state and force citizens to give up their traditional values and culture. I am of the opinion that before promoting any action, there must be a balance between traditional values and the law, and the legislative framework must be harmonized with the specific realities of each state.

Concerns at the Level of European Union for the Protection of Critical Infrastructures

Oana Iacob — 2024-08-30

Critical infrastructures are particularly important for the smooth running and global evolution of the entire human society, at the level of all the states that make up the international community. For this reason, it is imperative that they are protected from the risks to which they are exposed and that all measures are taken to prevent and combat them as quickly as possible.

Identifying the benefits that critical infrastructures bring to society and the best ways to protect them are some of the current concerns in the international context at the level of the European Union. By preventing and combating the major risks to which critical infrastructures are exposed, this study aims to ensure the smooth operation of the Union.

The Complementary Function of the Principles of Law in Relation to the Positive Law

Nicusor Tiberiu Chiriluta — 2024-08-30

Principles of law are the ideal of law pursued by the legislator in the activity of creating law. They express man’s highest aspirations: freedom, equality and justice. The question of the principles of law carries with it a real burden of meaning. It raises great questions, with still unexpected answers (Humă, 2011, p. 103). Principles of law are a subject of maximum resonance in legal thought, but also of maximum resistance to relative contingencies and legal positivism. The renaissance of natural law is at the same time a renaissance of the principles of law housed in human nature (consciousness). The individual conscience, especially the legal conscience, is the ‘repository’ and ‘shield’ of the inherent principles in the human being, principles which must assert their presence in any positive law: freedom, responsibility, equality, justice, unity, etc. The principles of law determine the existence of the material legal reality as premises of the positive legal order. The principles of law are strongly present in the legal-action framework: in the processes of elaboration and realisation of the law. The principles of the law contribute to the completion of the incomplete positive law in the analogia iuris process.

Corruption Offenses Concerning Civil Servants with Special Status within the Ministry of Internal Affairs

Ana Alina Ionescu Dumitrache — 2024-08-30

In this paper, we aim at highlighting some aspects related to corruption offenses provided for by the Criminal Code and Law no. 78/2000 for the discovery, prevention and sanctioning of acts of corruption, committed by civil servants with special status within the Ministry of Internal Affairs (MAI). At the same time, this study emphasizes a special concern for the prevention and combating these offenses by identifying the risks and vulnerabilities existing within the Romanian Police that can influence the correct functioning of this structure. Corruption among public servants with special status within the MAI erodes moral values, mainly integrity, a trait that requires them to exercise their duties according to certain values and principles, without compromise. We believe that an important role in reducing corruption among police officers and in preventing these acts can also be played by harshening the penalties, although, currently, there is an aggravated version of the sanctioning of acts of corruption committed by police officers, provided for in art. 7 of Law no. 78/2000, a variant that consists in sanctioning with the penalty provided for in art. 289 and 291 Criminal Code, whose limits are increased by one third. The main methods employed were survey, observation and case study. Therefore, at the end of our study, de lege ferenda proposal: as, in the case of the crime of assault (art. 257 of the Criminal Code) there is a paragraph in which the sanction is provided with the penalty provided by law whose limits are increased by half if the crime is committed against a policeman in the exercise of his duties, the punishment applied based on the special quality of the victim, a policeman, the same should be done in the case of the crime of bribery (art. 289 of the Criminal Code) respectively, the addition of a new paragraph stipulating that if the acts were committed by a police officer in the exercise of his duties, he shall be punished with the punishment provided by law for that crime, the limits of which should increase by half. Our belief is that these legislative amendments are necessary to lessen the incidence of corruption among police officers, thereby making them aware of the risks associated with bribery from the standpoint of the more severe punishment system.

An Appraisal of the Compatibility of Pardon Decisions with Obligations of International Law

Rita Abhavan Ngwoke — 2024-08-30

This paper examines the challenges of aligning pardon decisions for grave international offenses, such as war crimes and genocide, with international law standards, focusing on their impact on justice, accountability, and human rights. Building on existing research regarding the tension between national sovereignty and international legal obligations, it references key treaties like the International Covenant on Civil and Political Rights, the Convention Against Torture, the Rome Statute, and the Geneva Conventions. Utilising a doctrinal research methodology, the paper conducts a comparative analysis of case studies from various jurisdictions. The findings reveal that while pardons can aid national reconciliation, they often conflict with international obligations, undermining principles of justice and accountability. This study draws attention to the need for blending international human rights and humanitarian law principles with domestic pardon procedures, suggesting legislative reforms and increased international collaboration to ensure that pardon decisions uphold international legal standards. The paper contributes to the discourse on balancing state sovereignty with international legal obligations, advocating for stronger integration of international standards in domestic practices.

Stakeholder Engagement in Ghana's Pharmaceutical Policy for Supply Chain Sustainability

Gifty Kumadey — 2024-08-30

Background: Limited empirical research exists on sustainable supply chain management in underdeveloped nations. This study focuses on pharmaceutical companies in southern Ghana, aiming to address the lack of practical information on environmentally friendly practices in meeting global pharmaceutical demand. Aim: This study examines the degree and form of stakeholder engagement in Ghana’s Pharmaceutical Policy for Supply Chain Sustainability. Setting: The study focused on top executives in Ghana s pharmaceutical industry and government institutions overseeing pharmaceutical regulations. Method: This qualitative study explores the policy framework of upstream pharmaceutical sustainable supply chain management in Ghana. Targeting top managers in the pharmaceutical industry, 18 purposively sampled interviewees provided data. Thematic analysis revealed insights through collaboration on the issue of sustainable supply chain management policy framework. Result: The study identified global bodies like World Health Organization (WHO) and the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH shaping global pharmaceutical sustainability policies. In Ghana, implemented policies encompass green procurement, healthcare waste management, and recycling. Challenges include transparency gaps, supplier engagement, regulatory complexity, limited resources, and stakeholder collaboration. Conclusion: The adoption of sustainable supply chain practices is crucial for the pharmaceutical industry in Ghana. Collaboration and inclusion of stakeholders are essential for the adoption of sustainable practices. Pharmaceutical companies in Ghana should collaborate with their suppliers, customers, regulators, and civil society organizations to promote sustainable practices throughout the supply chain. Contribution: The study suggests PMAG fosters robust collaboration and stakeholder involvement to advance sustainable supply chain practices in Ghana s upstream pharmaceutical industry.

Combating Illegal Trafficking in Firearms: A Legal Analysis Based on the Protocol Against Illegal Manufacturing and Trafficking in Weapons, Parts, Components and Ammunition

Vadim Soltan — 2024-08-30

The article deals with the subject of combating the illegal trafficking of firearms from a legal perspective, based on the Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplimenting the United Nations Convention against Transnational Organized Crime. The analysis focuses on the ways in which this protocol and empirical data contribute to the prevention and sanctioning of illegal firearms trafficking, examining the legal implications and their effectiveness in reducing the illegal movement of weapons. The scientific originality of this study consists in the analysis of criminal actions and the terms referring to firearms and ammunition, terms that are included in the Protocol and that must be accurately reflected in the national legislation of the states. The study demonstrates that criminals exploit legislative loopholes to avoid criminal liability, thus underscoring the need for rigorous and coherent legislative harmonization at the international level.

The Illusion of the Recovery of Damages found by the Court of Audits, between the Limit of the Legal Rule and the Good Faith of the Audited Entity

Vasilica Negrut — 2024-08-30

The current analysis originated from a question that frequently arose in practice. We can say with certainty that in 99% of cases, the prescription of the audited entity's right to recover the respective amounts intervenes. This is based on the attributions of the Romanian Court of Accounts, which notes the occurrence of damages in the patrimony of the audited entities and orders recovery measures. Additionally, the administrative documents issued by the audit institution are contested in administrative litigation, and the audited authorities lack any measures for the recovery of damages until the courts issue a definitive solution. Hence the challenge of solving these situations because, on the contrary, it can be determined that the recovery of these damages depends only on the good faith of the verified entities that can initiate damage recovery actions concurrently with the actions whose goal is to challenge the administrative documents issued by the Court of Accounts, in order to prevent the intervention of the statute of limitations sanction. To find inspiration for a potential de lege ferenda proposal, we will highlight the rules pertaining to the courts of accounts in other European states. Concurrently, in order to provide a comparative legal note to this study, we will illustrate the theoretical components with instances drawn from national and European jurisprudence (where applicable) as well as from other EU members.

The computer system in the context of the application of Artificial Intelligence

Adriana Iuliana Stancu — 2024-08-30

The Council of Europe adopted Recommendation R(89)9 on computer crime and published a report containing a minimum list and an optional list of computer crimes. If the member states will take into account these models in the elaboration of national laws, a European harmonization will be achieved regarding computer crime, with special regard to computer fraud.

Artificial intelligence (hereinafter abbreviated AI) is the ability of a machine to imitate human behavior, being programmed to think and act like a human. One of the key features of AI is continuous learning, based on external stimuli and information gathered from the environment. AI observes the surrounding reality and acts accordingly, without the need for human help or assistance.

Of essence is the fact that from the sphere of information technology that is of interest through their particularities.