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Review of European and Comparative Law

Publisher:
—
ISSN:
2545-384X
Category:
LAW
Impact factor:
0.2

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6 parsed articles

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Latest articles

Legal Perspectives of Serbia's Healthcare Digitalization. COVID-19 as a Catalyst for Change

2026-03-30

Sofija Nikolić Popadić, Petra Stanojević

The COVID-19 pandemic highlighted the critical need for the digitalization of healthcare services worldwide, acting as a catalyst for innovation and prompting governments to reassess healthcare infrastructure and implement legislative and organizational frameworks to support the broader adoption of eHealth solutions. This paper examines Serbia's response during and after the pandemic, addressing whether the experience led to tangible changes in healthcare digitalization. It investigates whether these changes remain largely confined to policy documents and legislation, or if they have been effectively implemented in practice. furthermore, the study identifies areas where additional improvements are required to ensure that digital healthcare can reach its full potential. Understanding these developments is crucial, not only for preparing for future pandemics but also for responding to other emergencies, improving access to healthcare in remote areas, and supporting vulnerable populations, including older adults. By analyzing Serbia's experience, this paper aims to provide insights into how crises can accelerate digital transformation in healthcare systems and to inform strategies for creating resilient, efficient, and equitable health infrastructures.

Addressing the Declining Water Level of the Caspian Sea from a Legal Perspective and a Proposal for a New Agreement

2026-03-30

Emin Alimusayev

The Caspian Sea is currently experiencing a rapid decline in water levels, with a 46% reduction in water-covered area between 2001 and 2024. Considering the environmental and socio-economic impacts of the problem, legal responses remain fragmented. This article examines existing legal frameworks to determine why current instruments fail to mitigate the problem of water-level decline. This study employs a doctrinal and comparative legal analysis of the domestic legislations of the five Caspian littoral states, alongside a review of existing international agreements. The analysis reveals that current instruments are insufficient. Domestic legislation of the Caspian littoral states remains uneven and fragmented. Kazakhstan’s Ecological Code serves as a notable model for integrating climate regulation and the response to the decline in water levels in the Caspian Sea into national legislation. While international agreements, such as the Tehran Convention, establish general cooperation principles, they lack binding rules for coordinated river-basin management and climate adaptation. Highlighting a recent surge in regional political will, this paper proposes a new agreement. The proposed agreement introduces binding obligations for reservoir release regimes, minimum environmental flows, and a permanent basin regulatory body. By shifting from ad hoc diplomacy to an integrated legal instrument, the proposal provides a plan for ensuring the socio-economic and environmental security of the Caspian region.

Volatility as a Legal Challenge: Rethinking Labor Law Responses to Workplace Violence - European Approach

2026-03-30

Łucja Kobroń-Gąsiorowska

Workplace violence is a growing concern in contemporary labor law, driven by its prevalence and volatile nature. Effective legal analysis requires understanding volatility as the variability, unpredictability, repetition, and context-dependence of violent and abusive conduct. Workplace violence is not isolated or uniform but is shaped by changing social, economic, organizational, and regulatory factors. Its forms, intensity, frequency, and visibility shift over time, across sectors, and among different groups, especially regarding gender and socio-economic status. This volatility exposes the limitations of uniform regulatory models that assume stable risks. Evidence from Europe and Central Asia shows that violence and harassment are often recurrent, disproportionately affect women, and persist despite strong legal frameworks. The frequent occurrence of psychological and sexual harassment, along with underreporting in precarious or low-income settings, highlights gaps between formal legal protections and their practical effectiveness. Volatility impacts of only the occurrence of violence but also access to remedies, reporting, enforcement, and employer compliance. The protective function of labor law depends on its ability to address these volatile patterns. Volatility challenges complaint-based models and underscores the need for preventive, ongoing, and context-sensitive legal duties. This includes gender-sensitive risk assessments, differentiated employer obligations, and recognition of repeated violence as an aggravated violation, as well as greater attention to psychosocial harm. By viewing workplace violence as an evolving risk, the author advocates for a new approach to labor regulation in Europe that prioritizes substantive equality, early intervention, and effective enforcement over formally neutral but insufficient standards.

Homework in the Countries of the Visegrad Group (V4): a Comparative Legal Study

2026-03-30

Norbert Richter-Sitko, Michał Barański

Derived from the traditional cottage industry, homework has played a significant social and economic role in Europe for centuries. In the digital economy era, homework is acquiring new significance, particularly in the context of flexible forms of work, such as remote working or home-based platform work. This article focuses on the Visegrad Group countries, analyzing the regulation of homework within each country’s national legal system. This analysis will help determine the status of homework within labor law and its legal position. To this end, the authors employed a historical approach to examine the evolution of homework, a dogmatic approach to establish its legal standing in relation to the employment relationship and contract, and a comparative approach to identify convergences in national regulations. The final result of the comparative study reveals the diversity of homework regulations within the Visegrad Group. These range from a shift towards remote work (Czech Republic), through to separate yet compatible regulations on telework and homework within the employment relationship (Slovakia and Hungary), to the distinction between remote work and homework (Poland).

Attributing Liability for Autonomous Vehicles: EU Multi-Level Approaches and Implications for Vietnamese Law

2026-03-01

Phuc G. Dao

Autonomous Vehicles (AVs) call into question the driver-centered premises of road traffic liability, as the task of driving becomes a distributed, socio-technical process involving software, sensors, updates, connectivity, infrastructure, and (sometimes) remote supervision. This article offers a doctrinal comparative analysis of how liability can be attributed across three axes, civil, administrative, and criminal, when accidents occur where there are higher levels of automation. It argues that the European Union does not (and need not) rely on a single AV liability code. Instead, EU law combines an insurance-first, victim-compensation logic with the modernization of product liability for software-enabled harms and a risk-based regulatory style that imposes documentation, post-market, and safety-management duties on upstream actors. Using Germany, France, and the Netherlands as illustrative models, the article maps Vietnamese law through the same framework. It shows that Vietnam already embodies a strong victim-protection baseline through strict "source of extraordinary danger" doctrines and is developing more stringent product responsibility tools. At the same time, Vietnam faces persistent mismatch risks in evidentiary access, cyber incident attribution, and the calibration of criminal accountability. The article concludes with a direction of reform, modified as appropriate for Vietnam, that preserves rapid compensation while structuring recourse, data governance, and controlled piloting.