Balkan Social Science Review

Table of content Vol.22

2023-12-25T21:59:16+00:00

The front pages of the journal, including the board and the table of contents for December 2023

BRINGING SEXTING TO THE BOOK IN CROATIA: STAYING ON THE FENCE OR EXPLORING A FLYING START?

2023-12-27T16:13:24+00:00

As one of the sexual behaviors of young people, sexting is increasingly being scientifically researched. Contemporary analyses clearly reveal young people are habitually using the Internet and social networks in the context of sexuality. These analyses are usually presented within a psychological aspect, and almost never with the context of criminal law. The aim of this paper is first to review the characteristics of sexting, focusing on its definitions, frequency, features, and determinants. We tackle a developmental perspective and potential negative consequences exploring the phenomena within the context of criminal law. Considering that the possibilities of criminal law development leading to sexting sanctioning have not yet been problematized, the second part of the paper pioneers the relationship between sexting and existing incriminations within the Croatian criminal law system, to answer the question of the sanctioning needs and possibilities. The insights provide the first criminal law perspective on sexting sanctioning in Croatia.

HUNGARIAN REGULATION OF E-GOVERNMENT IN THE LIGHT OF EU LEGISLATION

2023-12-27T11:00:52+00:00

E-government and electronic communication have been part of the Hungarian legal system for more than two decades. This paper describes the process by which these legal institutions have been shaped and developed through domestic legislation, in the context of the European Union’s Information and Communications Technology and eGovernment policies. Since the Bangemann report in 1994, the European Union has given high priority to the development of e-public services and e-government, and this has placed a heavy burden on all Member States to implement the rules. In Hungary, the directed wayfinding started in the early 2000s, which, with some slowdowns, continues to this day. Two decades may not be a long time if we look at individual legal institutions, but in this case, it is a dynamic period full of paradigm shifts that justifiably deserves academic interest. In our study, we have broken down domestic regulation into six distinct periods, in parallel with EU regulation. If the application of domestic rules are taken into account and the results we have achieved in the use of e-services, it can be seen that we are still very far from even the EU average. We already have what appears to be a stable and coherent set of rules on which the environment of the e-services can be built, but we fear that this is still a very long way off.

ELECTRONIC HEALTH RECORDS AS A LEGAL BARRIER OF CROSS-BORDER PROVIDING OF HEALTH CARE - PARADOX?

2023-12-27T11:01:47+00:00

The subject of this article is the analysis of the Institute of Electronic Health Documentation, which has been discussed within the European Union for some time, but its current form in the legal systems of member states of the European Union does not correspond to the outlined vision. Electronic health documentation represents one of the pillars of e-Health, whose goal is to provide correct information at the right time, in the right place, and in the right form in all stages and processes of health care. The author deals with Slovak and European legislation related to electronic health documentation, presents the so-called electronic health book existing in the conditions of the Slovak Republic, and draws attention to the proposal for a new European regulation on the European Health Data Space, which aims to harmonize the rules for the creation and use of electronic health data, and thus strengthen the role of electronic health documentation for (including cross-border) provision of health care. The article aims to emphasize the most important challenges of the current and future legal regime of the transfer and exchange of electronic health data and other related ideas.

REVISITING THE CONCEPT OF STATE-OWNED ENTERPRISES FROM VIETNAM’S PERSPECTIVE

2023-12-27T11:02:18+00:00

This paper presents the dynamics of the concept of state-owned enterprises in Vietnam, which manifests the changes in ideological orientation relating to the role of the state sector and of the economic management system. Indeed, the economic reform (Doi moi policy) and the integration into the global economy have fostered the participation of the private sector in the economy through the process of state-owned enterprise equitization. The analysis of the concept of state-owned enterprises over time however argues that the change, which has been subject to both internal and external impulses over time, is not fundamental as the key element of socialist ideology, the public ownership of the means of production remains the guiding principle of Vietnam’s economic development. In other words, the Vietnamese Government continues to its control over the national economy through the operation of state-owned enterprises.

SWEET OR SOUR? THE REAL TASTE OF THE POLISH SUGAR TAX

2023-12-27T11:03:33+00:00

The negative impact of excessive consumption of sugars on human health makes it necessary to change dietary trends. Among the many instruments used in this regard are taxes imposed on unhealthy foods, including sweetened beverages. Taxes imposed on sweetened beverages are commonly referred to as sugar taxes. It is assumed that their purpose is to change consumer habits. Thus, in the case of a sugar tax, the fiscal objective is replaced by a stimulus objective. It should be noted that individual European countries are increasingly bold in introducing so-called sugar taxes into their tax systems. This was also the case in Poland, where a levy on foodstuffs imposed on sweetened beverages was introduced as of 1 January 2021. The aim of this article is therefore to verify the assumptions of the legislature, that considered the levy on foodstuffs to be an effective instrument with the purpose of reducing the consumption of sugars. However, this objective does not seem to have been fully realized. An analysis of the design elements of the levy on foodstuffs as well as of the figures shows that the levy does not entirely change consumer preferences. Despite this, paradoxically, the introduction of the levy has resulted in a reduction in the consumption of sugars contained in sweetened beverages.

PERMISSIBILITY OF APPROVAL AND OTHER FEES IN CONSUMER LOAN CONTRACTS IN SERBIA

2023-12-31T11:40:32+00:00

Foreign-owned banks from the European Union dominate Serbia’s financial landscape. However, one of the controversies in the banking sector in the last decades has been approval and similar fees in loan contracts. The aim of this paper is to take a look at this issue through the lens of a consumer. Since there is no official data on the aggregate amount of processing, approval and similar fees in thousands of lawsuits against banks, the methodology in this research is largely based on the analysis of relevant legal acts and case law. A minor part is the statistical analysis of the context of the consolidation process in the banking sector in the last decade. The research has found multiple issues in the application of the rule of law in regard to consumer loans. Not only did banks prepare loan contracts with provisions that allowed them to deduct one-off payments of approval and similar fees from a loan amount, but customers may have paid for approving, disbursing and managing a loan twice or even multiple times. There were also cases showing that the process of approving a loan did not meet the requirements of providing the customer with adequate information in a pre-contractual phase, leading to questions on transparency and the balance between a bank and its customer. Future research would benefit from quantitative data about the amount of approval and similar fees in lawsuits and the exact number of lawsuits against banks in this respect.

EXPULSION FROM THE EUROPEAN UNION FROM THE CUSTOMARY INTERNATIONAL LAW POINT OF VIEW

2023-12-27T11:04:37+00:00

The expulsion of a member state from the European Union is not envisaged in the EU treaties. However, this paper considers this possibility based on customary international law, as codified in the Vienna Convention on the Law of Treaties. Specifically, it considers whether expelling a member state may take place based on a material breach of the EU Treaties as per Article 60 of the Vienna Convention. In doing so, the paper considers what procedural requirements may need to be followed to make a termination effective and the role of the Court of Justice of the EU (CJEU) in that process.

ETHICAL IMPLICATIONS AND HUMAN RIGHTS VIOLATIONS IN THE AGE OF ARTIFICIAL INTELLIGENCE

2023-12-27T11:05:04+00:00

In an era marked by technological advancements, the proliferation of Artificial Intelligence (AI) systems has ushered in a new wave of possibilities and challenges, deeply interwoven with the stringent legal framework established by the General Data Protection Regulation (GDPR) within the European Union. This research paper adopts a multidisciplinary approach, encompassing theoretical analysis, ethical frameworks, and empirical case studies. By scrutinizing real-world AI applications across various domains, we aim to provide a nuanced understanding of the ethical implications and societal ramifications of AI's integration into our lives, while meticulously adhering to the GDPR's data protection and privacy provisions. The GDPR's principles of lawfulness, fairness, transparency, and data minimization serve as ethical benchmarks, ensuring that AI applications respect individual privacy and data protection rights. We delve into the GDPR's provisions concerning automated decision-making, profiling, and data subject rights, elucidating their pivotal role in upholding human rights in the context of AI's burgeoning influence. Our inquiry underscores the urgency of adopting a responsible and GDPR-compliant approach to AI development and deployment. By emphasizing the need for ethical guidelines and regulatory measures, we advocate for the safeguarding of human rights and dignity within the AI-driven world. It is within this nexus of ethical considerations and legal imperatives, particularly those set forth by the GDPR, that the profound impact of AI on human rights and dignity is unveiled. Our research contributes to the ongoing discourse and provides a roadmap toward a future where AI aligns harmoniously with the robust privacy and data protection standards mandated by European privacy laws, ensuring the preservation of individual rights in the digital age.

PRIVACY AND PERSONAL DATA PROTECTION IN SELF-DRIVING CAR: SUGGESTION FOR LEGAL REGULATION IN SERBIA

2023-12-27T11:05:31+00:00

This paper deals with legal regulation in the field of the self-driving car (SDC), an autonomous vehicle without a human driver. A survey carried out in Serbia on the acceptability of this vehicle in everyday life indicated the distrust of the population in driving with SDCs due to concerns of violation the privacy, distrust in the protection of personal data and insufficient security and cyber security. For proper functioning and especially for artificial intelligence (AI) decision-making the SDC needs a large set of data, including personal information. In this paper the legal framework for collecting, storing, processing and erasing of personal data for SDCs is developed. Most of regulation are new, due to the technical novelty of the SDC, which uncouples the driver and the vehicle are in the driving process. In the paper, documents and acts which protect privacy according to the EUs General Data Protection Regulation (GDPR) are suggested. Principles for data security and, especially, for cybersecurity of data are legally regulated and proposed to be incorporated into the future law of transportation. The suggested legal regulation would increase the trust of population in the SDC.

HARMONIZING ALBANIAN ELECTRONIC COMMUNICATIONS LAW: A COMPREHENSIVE ANALYSIS OF EUROPEAN ELECTRONIC COMMUNICATIONS CODE IMPACT

2023-12-27T11:06:02+00:00

The Albanian legislation on electronic communications has undergone a series of changes and adaptations over the years, primarily driven by the evolution of platforms and technologies through which these services are provided. According to the 2022 Albania Report by the European Commission, specifically in Chapter 10 titled "Digital Transformation and Media," it is emphasized that the EU supports the seamless functioning of the internal market for electronic communications. Furthermore, EU regulations are in place to safeguard consumer rights and promote the universal availability of modern services. However, the report notes that Albania is moderately prepared in the field of digital transformation, particularly regarding the adoption of legislation that aligns with the new European Electronic Communications Code.

The European Electronic Communications Code (EECC) has envisioned significant changes aimed at consolidating the legislative framework, adapting it to technological advancements, and accommodating the growing array of electronic communication products and services accessible to end consumers. The revisions introduced by the EECC serve not only to enrich and update the existing legislation in this domain but also to align it fully with the transformations resulting from innovation and technology. Moreover, these changes necessitate a new structuring of the legal framework governing services provided to end users, considering the emergence of new Over-The-Top (OTT) services.

The EECC also serves the purpose of further augmenting the secondary regulatory and legal framework. This augmentation is achieved through various directives and regulations, not only in pursuit of a unified electronic market but also to introduce new rules ensuring network security and protecting electronic communications privacy.

The objective of this article is to analyze the Albanian legal framework for electronic communications by examining and interpreting the changes brought about by the EECC. It aims to identify areas in the Albanian legislation that require adjustment to align with the provisions of the new European Electronic Communications Code.

UNDERSTANDING SOCIAL REALITIES OF INTERNALLY DISPLACED PERSONS (IDPS) IN THE FEDERAL CAPITAL TERRITORY OF NIGERIA (FCT), ABUJA

2023-12-27T11:07:27+00:00

This article examines the social realities of forcibly displaced persons in Nigeria, with a focus on internally displaced persons (IDPs) in the Federal Capital Territory (FCT) of Nigeria, Abuja. Internally displaced persons are individuals who have been forced from their homes or habitual places of residence and, unlike refugees, have not crossed the borders of their country. They remain under the primary protection of their governments and often seek refuge in their own countries. This study draws on secondary data sources and primary data collected from two IDPs campsites, arguing that most IDPs in the FCT, displaced by the Boko Haram insurgency live in makeshift and inhumane informal settlements in the peri-urban areas of Abuja City. These settlements also host the urban poor and other economic migrants in the country's capital, occasionally leading to conflicts between them. The paper calls for the government to recognise the presence and condition of IDPs in the FCT and to work with relevant organisations to provide durable solutions to ensure that displaced persons can once again become productive members of society.

ATLANTICISM AFTER THE COLD WAR – BETWEEN CHANGING STRATEGIC ENVIRONMENT AND CONFLICTING THEORETICAL FRAMEWORKS

2023-12-27T22:36:30+00:00

This research focuses on the role of Atlanticism in the changing post-Cold War international environment, taking note of the diversity of interests and postulating what shaped the world in that period of time. A broad trend of deregulation of international relations, and challenges it carries along with it, require a thorough strategic analysis. Two capital concepts of international relations theory, realism and constructivism, have been applied and empirically tested by the use of semi-structured interviews in order to adequately assess the position of the phenomena in focus and suggest viable recommendations for the period to come. The paper argues in favour of gradual modification of Atlanticism in accordance with its fundamental values and mindful of strategic challenges it faces in a very dynamic and unpredictable contemporary environment.

FACTORS AND CAUSES OF MIGRATION PROCESSES OF UKRAINIANS: GENDER ASPECT

2023-12-27T11:08:32+00:00

This study aims to examine the gendered aspects of Ukrainians' migration processes, their satisfaction with life in another country and the relationship between life satisfaction and work, education and the use of social services. The study was conducted by interviewing 585 respondents, analyzing the data and calculating the correlation coefficient between certain variables.

The study revealed that displacement can lead to various issues such as legal status, loss of skilled professionals, forced migration, stereotyping, limited job opportunities, cultural adaptation, and language barriers. Additionally, the survey found that migrants who utilize social services report higher levels of life satisfaction compared to those who do not. These individuals are more likely to be employed in particular specialties. Additionally, migrants between the ages of 30-40 report higher life satisfaction compared to those between the ages of 20-30. Migrant men and women between the ages of 20-30 and 31-40, with higher levels of education, reported statistically higher levels of life satisfaction than those with lower levels of education. Social services can significantly increase the level of satisfaction with the quality of life and contribute to the economic development of the host country, as well as the well-being of the migrants themselves. Legal stays are among the most complex issues faced by migrants. The study proposes recommendations for improving the conditions of stay abroad for the general category of migrants.

YOUTH, MIGRATION AND HIGHER EDUCATION

2023-12-27T11:08:59+00:00

The basic demographic characteristics of one society are tightly related to the youth’s potential as the core for any future social development. The prospects in Balkan countries are jeopardized by low fertility and continued migration which intensified in the last decades. Migration in the past was generated by wars, political instability, and a lack of economic prospects. Today, a vast part of the region is integrated into the EU, and the rest is with clear aspirations to integrate in the near future. However, some open questions as dysfunctional political systems, corruption, not having a rule of law, and economic instability are some of the main reasons for future migration. A significant factor of migration is related to the possibility of continuation of education from high school to university level.

This article is focused on the general motivation for migration in the Balkan countries, with a focus on Macedonian society. Two surveys are presented as an empirical basis for further analyses. The results reflect the general situation in the eastern and central regions of the Republic of N. Macedonia. Longitudinal aspects are included, comparing the data generated in 2014, 2018, 2022, and 2023. Additionally, the official statistics confirm the thesis and create a broader picture of the correlative relations between educational motivation and migration trends.

IN E-GOVERNMENT WE TRUST? CORRELATING FACTORS OF E-GOVERNMENT USE IN THE WESTERN BALKAN AND EU COUNTRIES

2023-12-27T11:09:27+00:00

The e-Government form of governing is thought to enable transparency, efficiency and develop user-centered public services delivery. Usage of e-Government services is seen as one of the prerequisites for full participation in society. However, the success of e-Government is contingent on a combination of factors that determine people’s willingness to use e-Government services. Previous research finds trust in government to be one of the key predictors of e-Government use. In this study we test the relationship of trust in government and e-Government usage, also including factors of digital inclusion. We focus on European Union countries and the less studied Western Balkan (WB) countries in the attempt to give an overview of the whole European region. For this purpose, we employ comparable secondary data from reliable datasets following standardized methodology for the EU and the WB countries. We performed a correlation and regression analysis to first test the trust in government and e-Government usage relationship and control the effects by adding two factors of digital inclusion and GDP per capita. The findings problematize and develop the relationship of trust in government, digital inclusion, and e-Government usage.

THE DECLINE OF RUSSIAN HYBRID WARFARE? LESSONS FROM UKRAINE

2024-02-13T20:29:45+00:00

Before 2022, many scholars held the view that Russia operated just below the threshold of war in pursuing its objectives in Europe. Important works applied the concept of hybrid warfare (HW) to argue that Russia prefers to wage a grey zone conflict rather than a large-scale conventional war. However, the invasion of Ukraine invalidated these assumptions. As a result, scholars now argue that HW is significantly less useful in analysing Russian strategy and operations because large-scale conventional war does not fall within the conceptual scope of HW. Although the European Union (EU) and the North Atlantic Treaty Organization (NATO) had previously used the concept to address Russia’s actions, they have also removed HW from their political rhetoric towards the Kremlin. This article examines the extent to which HW is a useful conceptual framework for analysing Russia’s war against Ukraine. The author argues that while the use of the concept in the context of the war is no longer politically advantageous, HW still provides a practical conceptual framework for analysing the war and, by extension, for informing decisions on Western defence policy. There exists more than one definition of HW and, depending on which version is applied, the Kremlin’s resort to large-scale military action does not mean that Russian HW is in decline. Instead, there is a shift towards an earlier understanding of HW, which puts a greater emphasis on using military force and violence. Consequently, since Russia keeps waging HW, the EU and NATO must not remove HW from their security toolbox, but rather enhance their defence against HW. To do so, they must increase their focus on multi-purpose defence capabilities and develop expertise in disrupting any adversarial capacity for multi-modal campaigns.

INEQUALITY, POVERTY, AND SOCIAL EXCLUSION IN BULGARIA

2023-12-27T11:10:29+00:00

The article examines the evolution of inequalities, poverty, and social exclusion in Bulgaria. The analysis of income inequality is focused not only on the general dynamics but also on the different parts of the income distribution (mainly the two ends of the distribution). Different concepts of income are considered: primary (market) income, income before and after social transfers, and net income. This makes it possible to assess the role of social transfers and taxes on inequality. All other conditions being equal, the levels of the considered inequalities predetermine the positive or negative development of the economy in the country as a whole. Maintaining the balance between rich and poor and achieving the optimal limits of inequality in real life is the key point to the prosperity of any society. The results of the analysis can be used as a basis for the further study of their influence on social, political, and cultural processes in society.

IMPACT OF POLITICALLY MOTIVATED FAKE NEWS ON PUBLIC OPINION: A CASE STUDY OF DELIBERATE DISSEMINATION OF DISINFORMATION

2023-12-27T11:10:59+00:00

The contemporary world faces a significant challenge in combating the proliferation of fake news, a term with varying interpretations among scholars. At its core, fake news refers to factually incorrect information lacking verifiable sources or citations and may serve propaganda or clickbait purposes. In recent years, fake news has gained momentum, particularly through social media platforms, creating a broader context of misinformation and disinformation. This paper conducts a case study analysis of the “Babale” media narrative to examine how politically motivated fake news has wielded a substantial impact on public opinion. This influence has manifested in confusion and heightened aggression in communication and, in certain instances, has been utilized to incite hatred toward the ruling party. The deliberate intent to sway public opinion through this case underscores the media's susceptibility to becoming a “vehicle for disseminating fake news” and its role in deepening the divide within public discourse. The central inquiry of this paper revolves around the effects of fake news on public opinion and its subsequent implications for social and political relationships. A combination of quantitative and qualitative data, along with a review of relevant literature in the field, has contributed to the formulation of the main hypothesis. The core proposition posits that fake news detrimentally influences individuals on a personal level and extends its impact on society as a whole. This influence is typified by an escalation in communicative aggression, particularly when such disinformation is produced by political entities. Furthermore, the audience's or commentators' responses to one another exacerbate the existing discourse.