YEAR 2023 No 3 Volume 32

ISSN 2182-9845

2023 No 3 Volume 32

Horácio Correia Pinto

The accelerated change in society and its legal and methodological limitations. A Judicial State - Reality, challenge or absurdity
A acelerada mudança da sociedade e as suas limitações jurídicas e metodológicas. Um Estado Judicial - Realidade, desafio ou absurdo

A crescente velocidade/mudança nas sociedades modernas como problema jurídico metodológico. O aparecimento de lacunas jurídicas-legais
À não denegação de justiça, não pode corresponder uma margem de discricionariedade judicial que vá para lá da simples interpretação e aplicação da lei, incluindo a lei constitucional. São inúmeras as matérias que no espaço da UE (União Europeia) não estão devidamente legisladas e suscitam respostas adequadas dos tribunais:
a) A internacionalização das relações económicas;
b) A globalização analisada numa perspectiva transversal, designadamente as alterações climáticas e necessidade de protecção do meio ambiente;

The (in)applicability of the law on commitments and delayed payments to municipalized services of a commercial nature (commentary on the Constitutional Court judgment no. 109/2015)

João Pacheco de Amorim / Fausto Ferreira / Frédéric Teixeira

Local autonomy; financial autonomy; organizational autonomy; local business activity.

At the beginning of the second decade of this century, the sustainability of the national public financial system and the assumption of new international commitments by the State, within the scope of the Economic and Financial Assistance Programme signed with the European Union, the International Monetary Fund and the European Central Bank, imposed the creation of mechanisms to control budget execution and public expenditure capable of ensuring compliance with the international obligations to which the country had been linked.

Has the rise of post-pandemic digital labour fostered the crisis of global trade unionism? A brief analysis of the current trade union scenario

Gothardo Backx van Buggenhout

Weakening of trade unionism; SARS-CoV2 coronavirus pandemic; Digital labour; Revitalisation.

We assess the consequences of the advance of digital labour on trade union relations as the SARS-CoV2 coronavirus pandemic unfolds. The global response has accelerated the shift towards a stronger globalisation of work. As an issue that cuts across society, the evolution of technologies, especially with the advent of Artificial Intelligence, is challenging for traditional actors in the world of work who are used to working in a face-to-face format. This article, therefore, discusses the distinct possibilities for the revitalisation of trade unionism post-pandemic.

Some thoughts regarding the hybrid nature of shape creations and their intellectual property right protection

Marcos Cruz González

Interfaces; hybrid intangible goods; Industrial Design; Patent; Copyright; work of art.

As markets mature and become saturated with replicant products and services, aesthetic innovation becomes in itself an adequate medium in order to channel competitive pressure towards the development of new creative boundaries, allowing not only an improvement on a static basis, but also providing products with certain forma uniqueness. However, providing appropriate protection to such aesthetic creations turns out a really complex task, provided that shape and creativity commonly overflow the different instruments provided from Intellectual Property grounds. This paper reflects, from an interface exclusive standpoint, upon the intricate link between aesthetic and technical properties of the shape and the harmonization of Design with other neighboring figures, encompassing a critical view regarding some of the most recent European decision in this regard.

Product liability in the age of AI — Proposal for a “two track” solution

Ann-Kristin Mayrhofer

Civil Liability; Product Liability; Defect-based Liability; Strict Liability; Artificial Intelligence; Machine Learning.

In 1985 the Council of the European Communities adopted the Directive 85/374/EEC to harmonise product liability within Europe. In 2024, this directive will most likely be replaced by a new Product Liability Directive designed to reflect the technical developments of the last 40 years. The new Directive contains some significant changes. However, regarding the overarching concept of product liability, it remains faithful to the old Directive: Manufacturers are still not liable for all damage caused by their products, but only for damage caused by a “defect” in a product. This defect-based approach is problematic. When it comes to new digital technologies, especially Artificial Intelligence, it is difficult for courts to assess a product’s defectiveness.

Facial recognition software as an instrument for controlling the working day: the impact of technology on the fundamental rights of workers

Arturo Montesdeoca Suárez

Protection of personal data; biometric data; facial recognition; workday registration; fundamental rights; impact assessment.

The registration of working hours is a right in favor of workers, as a direct manifestation of the limitation of the working day and, therefore, the protection of their right to safety and health at work. But, it also constitutes an obligation imposed on the company to control the limit of the daily working hours of the entire workforce. At this point is where the controversy that concerns us here arises, the use of a means of controlling digital daily working hours and, more specifically, a biometric device. Therefore, a serious legal debate arises regarding the interpretation of labor regulations, ex art. 34.9 ET, and the specific regulations regarding data protection, the RGPD. This leads us to analyze and evaluate a fair balance when determining what type of digital workday control system does not violate the fundamental rights and freedoms of workers.

Jurisdiction autonomy on European Private International Law of matrimonial property regimes

Helena Mota

Matrimonial Property Regulation; European Union; Choice-of-Court Agreements; Jurisdiction.

This work aims to analyse articles 7 and 8 of the Matrimonial Regimes Regulation (Regulation (EU) 2016/1103). We will discuss the party autonomy on jurisdiction offered by the Regulation, id est, when and in what conditions couples can make “choice-of-court agreements” on matrimonial property regimes matters. We will also discuss some interpretation problems arising from articles 7 and 8 of the Regulation.

Trade Facilitation and Single Window in the European Union

Víctor Nikiforovich Sidorov / Elena Sidorova

Trade facilitation; single window; European Union; regional integration; International Law.

Trade facilitation stands as a critical element in propelling economic development both at the national and regional levels. This article delves into the case study of the European Union (EU), examining the implementation of trade facilitation measures and single window systems aimed at promoting a more efficient and seamless integration among member countries. The analysis highlights two pivotal techniques employed by the EU: the negative technique involving the reduction of regulations and the positive technique of legislative harmonization. Furthermore, it provides a comprehensive overview of the EU's proactive approach toward interoperability, emphasizing key initiatives such as the Interoperability framework and the deployment of a single window.