Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law

https://webbut.unitbv.ro/index.php/Series_VII/issue/feed Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law 2026-02-17T13:23:11+00:00 Gabriela Ratulea, PhD, Prof. editor.but@unitbv.ro Open Journal Systems <h2>Aim</h2> Promotion, enhancement, and stimulation as regards the dissemination of the original, theoretical, and applied creation and research, in the fields of social sciences and law. The Journal is indexed in EBSCO Publishing DataBase (<a href="http://webbut.unitbv.ro/public/site/documents/admin/a9h-subject.xls">http://www.ebscohost.com/titleLists/a9h-subject.xls</a>), from 2009, DOAJ (<a href="http://www.doaj.org/doaj?func=openurl&issn=20667701&genre=journal">http://www.doaj.org/doaj?func=openurl&issn=20667701&genre=journal</a>), from 2010, CEEOL (<a href="http://www.ceeol.com/search/journal-detail?id=1154">http://www.ceeol.com/search/journal-detail?id=1154</a>), from 2011, ProQuest Central (<a href="https://search.proquest.com/central/publication/2045981/citation/5EF6952D00EB4790PQ/4?accountid=7257">https://search.proquest.com/central</a>), from May 2017, ERIH Plus (<a href="https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info?id=497080">https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info?id=497080</a>), from July 2019, Crossref (<a href="https://search.crossref.org/">https://search.crossref.org</a>), from January 2019 and is accredited by the Romanian National Council of Scientific Research (CNCS) in the <a href="https://uefiscdi.gov.ro/userfiles/file/IC6%202011/Reviste%20romanesti%20recunoscute%20de%20CNCSIS-%20categoria%20B_plus.pdf">category B+</a> of the scientific magazine. All content is freely available to the user in the full text since 2009. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal. This is in accordance with the BOAI definition of open access. Senior-editor, Gabriela RATULEA <a href="http://webbut.unitbv.ro/index.php/Series_VII/about" target="_blank" rel="noopener">Read more</a> https://webbut.unitbv.ro/index.php/Series_VII/article/view/11392 Aspects of Due Diligence in the Field of Corporate Sustainability 2026-02-13T09:26:30+00:00 A.R. Bularca roxana.bularca@unitbv.ro I. Nicolaie ioana.nicolaie@unitbv.ro

The behavior of businesses in all sectors of the economy is essential for the success of the European Union’s sustainability objectives, as businesses, especially large ones, rely on global value chains. It is also in the interest of businesses to protect human rights and the environment, given the growing concern of consumers and investors on these topics. Directive (EU) 2024/1760 on due diligence in the field of corporate sustainability also contributes to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. This study aims to analyse the novelties that this Directive brings to European Union law by highlighting the social component of business.

2025-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11393 The Promotion of Human Dignity Through the Envision of an EU Legal Framework on the End-of-life: An Impregnable Matter or a Concrete Possibility of Legislation for the Union? 2026-02-13T09:38:00+00:00 Stefano Busillo sbusillo@unisa.it

In 2025, the EU Commission responded to the possibility of regulating end-of-life matters across the Union, denying that it has a general power to intervene in this area. In the Treaties, it is laid down that the Union only has coordinative or supportive competence with respect to the protection and improvement of human health. Yet, one may question if primary law provisions might be the legal basis for legislative action here. In the same fashion, the CFREU and the ECHR need to be paid attention to. Hence, this article seeks to outline whether the EU has an actual (legislative) power to regulate the matter and investigate whether the EU can expand the scope of the protection of individuals’ human dignity, despite its past reluctance to do so.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11394 Human Dignity in the Shadow of Sustainability: The EUʼs Green Transition and the Exclusion of Informal Mining Communities 2026-02-13T10:05:00+00:00 Mary Goretti Byamugisha m.byamugisha@studenti.unisa.it

The European Union’s ambition to be carbon-neutral by 2050 has significantly increased demand for critical minerals, particularly from Sub-Saharan Africa, where informal mining is predominant. Although these objectives are based on the EU’s commitment to international law and constitutional principles, their external implications raise profound questions on inclusivity, equity, and global justice. Through a critical legal analysis approach, this article highlights the tensions between the EU's green ambitions and its global distributive justice. It argues that the rigidity and the lesser sensitivity to the social, economic, and institutional fragilities in the EU climate policy measures risk exacerbating structural inequalities and global economic exclusion.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11395 Access to Justice and Human Dignity: A Special Focus on Appeals in Public Procurement Law 2026-02-13T10:40:19+00:00 Bogdan Ionut Cosgarea bcozgarea@gmail.com

The right to dignity is not merely a theoretical or abstract notion, but a fundamental right that constitutes the basis of all other fundamental rights. This study examines the relationship between the right of access to a court in the field of public procurement and the right to human dignity. The obstacles identified in the system of judicial remedies disproportionately affect small enterprises, social economy actors, or organisations operating in disadvantaged regions – categories that are frequently under-represented in public procurement procedures. Denying these actors real access to justice can lead to legal and economic exclusion, undermining inclusion, equal opportunities and human dignity.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11396 From Legal Status to Social Inclusion: Third-Country Nationals and the Right to Welfare in Europe 2026-02-13T10:45:48+00:00 Francesca Mauri francesca.mauri@unimi.it

This paper examines the evolving relationship between legal status and social inclusion within the European Union, focusing on the judicial dialogue between the CJEU and the Italian Constitutional Court. By analysing the recent case law on Italy’s reddito di cittadinanza, it explores how national and supranational courts have redefined TCN’s access to welfare through the principle of human dignity. The analysis reveals a gradual shift from a status-based to a rights-based conception of inclusion, where lawful residence and participation in the community replace nationality as the key criterion for social citizenship. The paper concludes that welfare access, grounded in dignity, is emerging as a constitutional entitlement underpinning the rule of law and democratic legitimacy in Europe.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11397 The Protection of Human Dignity Through the European Directive on Corporate Sustainability Due Diligence 2026-02-13T10:54:55+00:00 Virginie Mercier virginie.mercier@univ-amu.fr

In June 2024, the European Union adopted a directive on corporate sustainability due diligence, which aims to provide a framework for the respect for human rights, including human dignity, and environmental rights by major European companies or those operating in Europe, which are required to institute due diligence protocols in their operational frameworks and transnational value chains with a view to preventing, mitigating and identifying actual and potential negative impacts. To ensure the effectiveness of the system, the European directive on corporate sustainability due diligence provides for the appointment of an independent authority responsible for ensuring compliance with the duty of vigilance and with powers of investigation, inspection, and sanction. Without being exhaustive, the text expressly provides for different types of sanctions in the event of failure to comply with the duty of vigilance.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11398 Human Dignity as a Principle of Interpretation of European Union Law 2026-02-13T11:12:57+00:00 Vlad Neagoe vlad.neagoe@unitbv.ro

Referred to by legal scholars as the “mother right”, human dignity is enshrined in European Union law as a fundamental value (Article 2 of the TEU), as a fundamental right (Article 1 of the Charter of Fundamental Rights of the EU) or as the “real basis of fundamental rights” (Explanations to the Charter), as well as a "general principle of law" (Omega case). From a positivist-normative perspective – one that permeates contemporary judicial practice – we believe, however, that human dignity should be valued as a “principle of interpretation”, reflecting its inexhaustible hermeneutic potential, which judges can routinely employ in the rendering of justice. In this way, the Court would simply be placing human beings at the centre of all EU activities.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11399 Using Empirical Data to Diagnose Gaps in Justice and Fundamental Rights in the EU 2026-02-13T11:37:10+00:00 L. Solis lsolis@worldjusticeproject.org M. Basystiuk Basystiuk1@yahoo.com

Ensuring justice, inclusion, and non-discrimination requires not only robust legal frameworks but also a clear understanding of how these concepts are experienced by people in their everyday lives. This article examines the extent to which human dignity is protected and operationalized across EU Member States using empirical data from EUROVOICES, a large-scale initiative led by the World Justice Project, which measures people’s experiences and perceptions with the rule of law through surveys conducted among the general population and legal experts. The article focuses on key dimensions that form the practical conditions of human dignity: fundamental rights and civic space; equality and non-discrimination; and access to justice.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11384 International Law and Starvation in Armed Conflict: Rethinking Application 2026-02-13T07:13:34+00:00 Marco Cifra marco.cifra@unicasd.it

This paper examines starvation in armed conflict, analysing its dual legal meaning: as an unlawful method of warfare under international humanitarian law (IHL) and as an unlawful consequence of acts of warfare under IHL and international human rights law (IHRL), specifically, concerning the right to food. The paper wants to demonstrate that the obligations under IHL and IHRL regarding starvation are complementary. By employing a systematic interpretation, the paper seeks to ensure legal coherence and to strengthen human dignity in armed conflicts.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11385 Human Dignity and Biomedicine. From the Case Law of the European Court of Human Rights 2026-02-13T07:22:08+00:00 Florina R. Duminica florina.duminica@upb.ro

In the field of biomedicine, the European Court of Human Rights is most often called upon to give answers to controversial situations. At the heart of these debates is frequently the concept of human dignity. Although it does not enjoy an express regulation in the system of the European Convention on Human Rights, human dignity is a guiding principle mentioned in its Preamble itself. After a brief presentation of the main areas of interaction between biomedicine and human rights, the present study focuses on the analysis of how the Court approaches the concept of human dignity in cases involving bioethical problems.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11386 The Notion of “Human Dignity” in the Recent Migration Case-Law of the European Court of Human Rights: A Tool to Extend the Scope of Article 3 ECHR? 2026-02-13T07:26:31+00:00 Francesca Mussi francesca.mussi@unitn.it

The contribution discusses the migration-related case-law of the European Court of Human Rights in which a violation of the prohibition of torture, inhuman or degrading treatment has been found, with a view to verifying whether – and if so, to what extent – the concept of human dignity is used by the Court to expand the protection of migrants within the scope of Article 3 of the ECHR. It will be submitted that human dignity not only plays a crucial role in the assessment of living conditions under Article 3 of the European Convention of Human Rights but, at least in certain cases, also justifies an expansive function of migrants’ rights, including access to a minimum level of social and economic rights.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11387 „Discriminatory Neutrality": Coercive Inclusion and Other Evolutive Trends of Sex-Based Violence in International Law 2026-02-13T07:38:51+00:00 Anna Oriolo aoriolo@unisa.it

This article examines the new frontiers of violence against women and girls that continue to undermine their dignity. It begins by analysing the various manifestations of sex-based discrimination that give rise to such violence. It then turns to the evolving phenomena that blur or erase sex-specific considerations, particularly through the adoption of so-called “neutral” language. The article concludes with observations aimed at strengthening States’ capacity to identify, assess, and eliminate these forms of sex-based violence.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11388 Sustainable Development and the Protection of Human Dignity: Legal Perspectives between International and EU Law 2026-02-13T08:11:15+00:00 Carmela Pagano cpagano255@gmail.com

The principle of human dignity has become increasingly central in international and European legal discourse. It functions both as a foundational value and as a legal standard for a rights-based approach to sustainable development. The 2030 Agenda explicitly links dignity, equality, and environmental well-being. The paper examines the normative and procedural connections between dignity and sustainable development in international and EU law. It analyses the legal status of dignity in international treaties and EU primary law. The study highlights dignity’s potential to guide legal interpretation and sustainability policies. Selected case law shows courts increasingly invoking dignity in environmental and climate-related cases. The paper also explores dignity’s role in addressing climate inaction and social exclusion. Special attention is given to the protection of vulnerable groups and future generations. Ultimately, it argues for recognizing dignity as a normative benchmark and enforceable right in sustainability law.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11389 An International Law Approach to Climate Justice: Human Dignity and the Rights of Future Generations 2026-02-13T08:33:15+00:00 Cristina E. Popa Tache cristinapopatache@gmail.com

Climate justice today represents a high-level legal, ontological, and axiological alarm signal, situated on the threshold between the present and the future, between existing rights and responsibility towards future generations. International law, responsible for the intersection of human rights, environmental law, and sustainable development, must, in many situations, abandon the reactive paradigm and adopt the ethics of anticipation. Human dignity is the foundation of any climate regulation, implicitly extending to those who are unborn. The study re-examines the international legal regime and argues for the reconceptualisation of state and non-state responsibility.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11390 The Principle of Dignity in the New Convention for the Protection of the Profession of Lawyer 2026-02-13T08:41:07+00:00 Elena C. Savu elena.savu@unitbv.ro

The adoption of the European Convention for the Protection of the Profession of Lawyer by the Council of Europe marks a significant moment in the consolidation of international guarantees for lawyers. This article aims to analyze how the principle of the dignity of the profession of lawyer is reflected in the content of this Convention. Starting from the theoretical foundations of the notion of professional dignity and comparatively analyzing previous international provisions, but also those of Romanian law, the study highlights how the new Convention transforms dignity from an ethical norm into a binding legal standard for signatory states.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11391 “Principles of Humanity”: The Significance of the Martens Clause for the Protection of Human Dignity in Modern Warfare 2026-02-13T09:11:03+00:00 Fulvia I. Staiano f.staiano@unifortunato.eu

This paper aims to test the capability of international humanitarian law (IHL) to adapt to the ever-changing features of contemporary warfare and ensure an effective protection of civilians in armed conflict, with a special focus on the so-called Martens clause. It argues that the Martens clause can serve as an interpretative lens of current IHL norms and principles regulating means and methods of warfare, fostering the protection of human dignity vis-à-vis the increasingly important role played by AI in military decision-making.

2016-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11412 Protection of Dignity at Work in the Context of Personal Data Processing through Artificial Intelligence 2026-02-16T07:03:32+00:00 Razvan Anghel anghel.razvan@drept.unibuc.ro

The protection of dignity at work represents a fundamental principle in both international and national labor regulations. The use of artificial intelligence to process personal data presents unique characteristics and risks in the context of labor relations, particularly from the perspective of dignity in the workplace. This article aims to explore some of these risks, referring to potential impacts on workers' personal lives, exposure to discrimination that affect dignity at work, and identify some mitigating measures. These practices could lead to illegal conduct that, while not intended by employers, might be overlooked, accepted, or even impossible to detect. In these cases, employer liability for the use of such technical means becomes significant.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11413 Post-Mortem Data Protection in the Digital Age: A Necessity for Human Dignity? 2026-02-16T07:12:27+00:00 Yann I. Conti yann.conti@uzh.ch

The rise of digital society raises new questions about the status of the digital remains of deceased individuals. Recent literature argues that such remains require protection similar to that afforded to bodily remains, due to their connection to personal identity. By framing post-mortem privacy as an essential component of human dignity, we show that protecting the digital remains of the deceased is necessary both to uphold informational self-determination and to ensure respect for the person beyond death. Drawing on recent developments in the domestic laws of several EU Member States, we argue that data protection law provides a particularly suitable framework for safeguarding human dignity in relation to digital remains. The issue is timely, as it is currently under consideration within the European “Digital Decade” policy programme.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11414 Opening Gate or Rising Wall? Some Thoughts About the Accessibility and Equality of Digital Public Administration in Hungary 2026-02-16T07:22:35+00:00 Erzsebet Csatlos csatlos.e@juris.u-szeged.hu

Digitalisation is transforming public administration, offering efficiency and transparency. However, it risks excluding citizens who struggle with digital systems. In Hungary, automated decision-making and accessibility challenges reveal tensions between innovation and equality before the law. This paper argues that while digitalisation boosts efficiency, it can undermine substantive equality for vulnerable groups, especially persons with disabilities. Genuine digital progress requires a human-centred approach, inclusive design, and legal accountability.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11415 Algorithmic Contracting, Discrimination, and Human Dignity in Transport 2026-02-16T07:35:53+00:00 Amelia V. Gheoculescu amelia.gheoculescu@upb.ro

The rapid integration of Artificial Intelligence (AI) and predictive analytics into the transport sector has ushered in an era of "algorithmic contracting," where automated systems increasingly govern pricing, route optimization, service allocation, and even access to essential mobility services. While promising efficiency, this digital transformation presents a significant challenge to human dignity, inclusion, and non-discrimination. This article examines how these algorithmic practices can inadvertently embed or amplify existing societal biases, leading to new forms of discrimination based on factors such as location, socio-economic status, or perceived risk, thereby undermining individuals' fundamental right to fair and equitable access to transport. Drawing on principles from international human rights law and focusing on the evolving EU legal landscape (including the AI and GDPR Regulation, and anti-discrimination directives), this paper analyses the specific mechanisms through which algorithmic contracting can lead to discriminatory outcomes in transport. It argues that the opaque nature of these automated decisions, coupled with the often-unseen contractual terms they dictate, can erode personal autonomy, restrict participation in society, and diminish human dignity. The abstract highlights the urgent need for robust legal and regulatory interventions, proposing pathways for enhanced transparency, accountability, and effective judicial protection to ensure that the digital evolution of transport fosters, rather than undermines, justice, inclusion, and non-discrimination for all.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11416 The Potential Discriminatory Effect on Personality Rights of Artificial Intelligence Systems Used in Employment and the Legal Instruments to Combat this Effect 2026-02-16T07:43:22+00:00 Roxana Matefi roxana.matefi@unitbv.ro

In a context where Artificial Intelligence is increasingly becoming part of our everyday lives, bringing considerable and undeniable improvements and facilitating many activities that used to be very time-consuming, the issue that constantly arises is that of identifying the legal means to mitigate the risks arising from the increasingly widespread use of AI systems. In this context, the adoption of the EU AI ACT represented an extremely important step forward at the European level in terms of AI regulation. This paper aims to analyse how artificial intelligence systems used in employment can infringe on personality rights and what mechanisms AI ACT offers to counteract or at least limit these harmful effects.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11417 Non-Discrimination in the Current Digital Era in Relation to the Legal Framework of the European Union 2026-02-16T07:51:11+00:00 Lorena G. Nitoiu lorena.nitoiu@unitbv.ro

Tackling discrimination is a core policy challenge in EU strategies for the construction of a shared legal identity. In the present quest, they constitute a reference framework for all interactions between competitiveness and economic growth on the one hand, and individual fundamental rights on the other. Discrimination and inequality constitute a major source of concern. The penetration level varies with the nature and weight of the discrimination, but should not reach the autonomy of national competences. The rise of digital technologies has had a profound impact on almost every aspect of our societies. The new Digital Age, a period characterised by rapid and constant innovation, an urgent need for development, and new technologies and tools, has become a defining characteristic of our lives. In this scenario, the challenges of managing innovation, digitisation, and new technology have been placed centre stage by the European institutions as one of the priorities in the development of the Union. The objective is clearly to take advantage of the opportunities that the new technologies bring for all Europeans and for society as a whole, while also reducing the associated risks of discrimination in digital spaces.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11418 The Non-Discrimination Principle as a General Principle of the EU in the Digital Age 2026-02-16T07:55:33+00:00 Alice Pisapia alice.pisapia@unimercatorum.it

The paper explores the application of the principle of non-discrimination as a general principle of the EU legal order within the evolving topic of digital rights, with a particular focus on access to effective judicial protection for users. The principle of non-discrimination, as a horizontal tool, should guide the interpretation and application of EU law. As it happened during the past decades for rights of works and equal opportunities, gender related, the principle could be used in the field of digital regulation, particularly in securing procedural rights and effective remedies under Article 47 of the Charter.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11419 Personhood, Crimes, and Criminal Liability in the Age of Artificial Intelligence 2026-02-16T08:00:47+00:00 David Schultz dschultz@hamline.edu

This article examines how artificial intelligence (AI) challenges and transforms domestic and international criminal law. Traditional doctrines of liability, rooted in human intent and voluntary action, are destabilized by autonomous systems that can act independently of direct human control. The paper identifies thirteen emerging areas where AI creates new crimes or reshapes existing ones, including deepfakes, automated fraud, algorithmic discrimination, cyberattacks, and election manipulation. It also explores unresolved issues such as AI personhood, distributed liability, and accountability in health care, space, and warfare. The analysis underscores the urgent need for legal adaptation to ensure fairness, responsibility, and deterrence.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11420 The Imperative of Protecting Human Dignity and Fundamental EU Values in the Context of Implementing Artificial Intelligence Systems 2026-02-16T08:06:08+00:00 Elise Nicoleta Valcu elisevalcu@yahoo.com

The final declaration of the Paris Summit for Open AI, held on February 6-11, 2025, seen as “an extension” of the Council of Europe’s Framework Convention on Artificial Intelligence, emphasized on the one hand that the summit “defined an inclusive, open, and multi-stakeholder approach that will enable AI to be ethical, safe, secure, trustworthy, and focused on human rights and people”, while also highlighting the urgency of ethical assessment and firm control over the impact on human rights. Therefore, this study illustrates the challenges posed by the implementation of AI systems on human dignity and, implicitly, the need for regulatory rigor at the EU and Council of Europe level to enable a response to these challenges.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11427 Sociological and Legal Aspects of the Concept of “Human Dignity” in Labor Relations 2026-02-16T09:25:28+00:00 Iulia Boghirnea iulia.boghirnea@upb.ro

In this article, we will analyze the sociological and legal aspects of the concept of human dignity within employment relations, beginning with a brief historical overview of the notion of “human dignity” and continuing with an examination of how this concept is reflected in labor legislation and case law. Although in employment relations the employee is required to carry out the instructions given by the employer, the Romanian Labour Code nonetheless protects the employee by stipulating that he or she benefits from “respect for dignity [...] without any discrimination,” granting “the right to dignity at work.” This means that while all human beings are born free, if their dignity is not recognized, they cannot live in complete freedom.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11428 The Right of Persons with Disabilities to Have Access to Literary Works without Infringing Copyright 2026-02-17T07:06:59+00:00 Cristina Dinu cristina.dinu@unitbv.ro

Copyright is an often-ignored component within civil society, especially amid the use of social networks and the rapid transfer of data, information, images and music. However, society constantly benefits from scientific, literary, and artistic works, experiencing a more harmonious development through them. Due to the importance and significant impact that such creations have on our lives, we must pay special attention to the protection of the copyright that accompanies them. Not infrequently, we have been confronted in our daily lives with the desire and the need to bring scientific, literary, artistic, and even musical works closer to people with disabilities. Such an openness requires a certain form of manifestation of the work in order to be perceived by people with disabilities. We refer here, by way of example, to the written scientific work, inaccessible to blind people, and the need to transmit such a work to the blind by means of the Braille alphabet.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11431 Patientʼs Dignity. Unequal Access to Medical Treatment 2026-02-17T08:22:51+00:00 Daria M. Hageanu mariadaria.hageanu@ulbsibiu.ro

This article examines how unequal access to medical treatment generates systemic discrimination and undermines patients' dignity. Although Article 3 of Law 46/2003 on patient rights guarantees respect for all persons without discrimination, patients belonging to vulnerable groups, such as ethnic minorities, disabled persons, or older persons, continue to face structural barriers that restrict their access to adequate medical care. The analysis assesses both the national and European legal frameworks, highlighting the mechanisms through which financial, linguistic, and infrastructural barriers perpetuate implicit discrimination.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11432 Legal Means of Protecting Human Dignity in the Digital Era 2026-02-17T08:56:24+00:00 C.-N. Iachim cristina.iachim@unitbv.ro E. Madularescu Madularescu1@yahoo.com

This paper aims to present how to adapt social relations, through law, to the digital age, focusing on how to share legal liability, especially tort liability, between content providers and hosting service providers. Human dignity continues to be protected, both through the application of traditional means of law and through detailed regulations at the European level, such as the Digital Services Act.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11433 European Regulations on the Regim of Casual Workers 2026-02-17T09:13:20+00:00 Kolar Vasudeva Laura manea@unitbv.ro

An extensive growth of casual jobs (temporary jobs, part-time jobs, self-employment) has been observed. Although trade unions have battled against employment itself becoming casual, the new forms of employment and their impact on workers and employment relationships are in the process of being understood. While trade unions are aware of this transformation, they are still seeking appropriate means to combat it. The main aim of the investigation is to study the forms of representation of casual workers in Europe.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11434 The Protection of Human Dignity and Personality Rights in the Context of Conflict of Laws 2026-02-17T09:20:09+00:00 Codruț N. Savu codrut.savu@unitbv.ro

Human dignity, as a core value of both international and domestic law, demands effective legal protection of personality rights in cross-border situations. This paper examines how private international law addresses conflicts of laws regarding violations of privacy, honor, image, and personal identity in a digitalized and globalized world. It explores the applicable law criteria (lex loci delicti, law of the domicile, party autonomy) and the limits of conflictual autonomy when fundamental rights are at stake. The paper suggests a balanced approach that reconciles state sovereignty with international imperatives regarding personality rights, especially in cases involving extraterritorial elements (e.g., online defamation, unauthorized image publication, commercial misuse of names).

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11435 Inclusive Justice as an Expression of the Legal Equality Guaranteed to Persons with Intellectual and Psychosocial Disabilities 2026-02-17T09:45:02+00:00 Georgeta Bianca Spirchez georgeta-bianca.spirchez@unitbv.ro

People with intellectual and psychosocial disabilities have long faced problems of social exclusion and stigmatization. The principle of legal equality, which is essential for the exercise of other fundamental human rights, has led to the development of accessible public policies tailored to the specific needs of each individual in these vulnerable groups. This has led to a paradigm shift, with a change in attitude, restoring dignity to these individuals and eliminating discrimination against them. In this context, the study aims to identify the obligations of Member States to the UN Convention on the Rights of Persons with Disabilities, to ensure these persons’ access to justice.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11421 Appearances and Realities Concerning the Discriminatory Nature of Certain Provisions of the Citizenship Laws 2026-02-16T08:18:02+00:00 S.G. Barbu sg.barbu@unitbv.ro D. Cerbu cerbu1@yahoo.com

The conferral of citizenship constitutes an exclusive prerogative of public authority vested in the Romanian state, exercised under the principle of national sovereignty and in pursuit of the public interest. An individual applying for citizenship does not hold a subjective right in this regard but merely a legal vocation, which is conditional upon the cumulative fulfilment of the requirements established by law. The laws regarding citizenship that will be presented enshrine this approach, integrating provisions aimed at maintaining a balance between the state’s interest in determining the criteria and conditions for acquiring citizenship and the acknowledgment of historical, cultural, or social ties justifying the granting or reacquisition of citizenship.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11422 Procedural Paths to Human Dignity: Enforcing the Prohibition of Discrimination in Slovenia and Beyond 2026-02-16T08:43:27+00:00 Matevz Bedic matevz.bedic@pf.uni-lj.si

This paper examines the procedural aspects of protection against discrimination, focusing on the legal framework of the European Union and Slovenia. In Slovenia, protection is ensured both before the equality body and before the courts. Unlike purely advisory institutions, the Slovenian equality body conducts discrimination proceedings that may result in declaratory decisions, while victims may also seek remedies before civil courts, which can order the cessation of discriminatory practices and award compensation. This dual system is problematic, as the competencies of the two mechanisms are not clearly delineated, which may lead to conflicting outcomes.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11423 The Recognition of the Contributions for the Public Pension and for the Not Integrated Pension Systems, as Part of the Right to Human Dignity 2026-02-16T08:49:37+00:00 Catalina Georgeta Dinu catalina.matei@unitbv.ro

This research analyses the restrictive conditions for granting early retirement regulated by the provisions of Law no. 360/2023 on the public pension system in Romania, in the event that the individuals have completed several contribution periods, in different time intervals, both in the public pension system in Romania, but also in other pension plans or in a member state of the European Union. People who do not have a complete contribution period in any of the state pension systems in Romania cannot benefit from the recognition of the right to a pension. We note that several professional categories contribute to state pension systems, but are not integrated into the public pension system.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11424 Beyond Ratification: Kosovo's Unique Path to Safeguarding Human Dignity and Fundamental Rights 2026-02-16T08:55:15+00:00 M. Kullaj m.kullaj@albanianuniversity.edu.al H. Hajredini habit.hajredini@rks-gov.net

Amidst the ongoing efforts to become a full member of the international community, the Republic of Kosovo applies a temporary yet effective approach for safeguarding human dignity and fundamental rights: providing, via its Constitution, direct applicability to nine notable international human rights instruments, the latest being the Istanbul Convention in 2020. In this paper, we analyze the feasibility of this model and its application in practice. By essentially mirroring UN and CoE human rights standards, the Republic of Kosovo offers a unique case on protecting human rights, while still being a member of neither organization. This fact alone should qualify the state for membership in both.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11425 Defensive Democracy and Human Dignity: Means to an End. A Look at the Romanian Case 2026-02-16T09:08:32+00:00 Elena Madalina Nica nicamadalina@yahoo.com

In its practice of militant democracy in 2024, the Constitutional Court of Romania did not explicitly refer to human dignity as a justification for the judicial outcome. In 2025, the Court expressly advanced human dignity, “the foundation of constitutional democracy”, as a legal argument to justify the constitutionality of amendments and supplements of criminal law provisions sanctioning, inter alia, expression. The Court activated, as a first, art. 17 of the European Convention on Human Rights (prohibition of abuse of right) and, in relation to it, quoted the Strasbourg Court on the notion of defensive democracy, thus contributing to a beneficial dialogue on human dignity in the logic of defensive liberal democracy in Romania.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11426 Legal Status of the Grave as a Site of Memory: A Human Dignity Perspective 2026-02-16T09:15:34+00:00 Silviu Dorin Schiopu silviudorin.schiopu@ulbsibiu.ro

The grave serves two functions: it is a physical resting place, and it is a symbolic site where funerary monuments preserve the deceased’s memory. Viewing the grave through the lens of human dignity, the paper explores the rights of the dead and the living by addressing whether the deceased enjoy a post‑mortem right to preservation of their memory through their grave, and whether the living possess a continuing right to maintain and curate the grave as an act of care and remembrance. It concludes by calling for statutory frameworks that treat the grave as a protected space where human dignity persists through memory conveyed by the funeral monument and the interrelated rights of the dead and the living are upheld.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11400 Domestic Violence – Serious Damage to Human Dignity. Romania Versus Spain 2026-02-13T11:56:08+00:00 M.M. Barsan maria.m.barsan@unitbv.ro E. Gorgovan elena.gorgovan20@gmail.com

Despite legislative and institutional efforts initiated both at the national and European levels, the phenomenon of domestic violence continues to affect many people, regardless of age, gender, race, or social status. Comparing the regulations in Romanian and Spanish criminal law offers a complex perspective on how different legal systems try to protect victims and prevent the commission of such crimes. The analysis has as its starting point the recent changes in Romanian criminal law and the permanent concern of European institutions for the protection of victims of domestic violence. We aimed to comparatively analyze the regulations in Romania and Spain, to identify the strengths and vulnerabilities of each system. This research also aims to evaluate the legislative measures adopted in Romania and Spain and to what extent they manage to ensure the effective protection of victims, as well as the efficiency of the sanctions applied to the aggressors.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11401 Respect for Human Dignity – The Fundamental Principle of Romanian and European Penal Enforcement Law 2026-02-13T12:07:59+00:00 Gabriela N. Chihaia gabriela.chihaia@unitbv.ro

Dignity represents the foundation of the fundamental rights of every person, acknowledged as such by all documents concerning their protection. This paper aims to present, at both theoretical and jurisprudential levels, the ways in which human dignity is protected, guaranteed, and respected in the field of criminal enforcement law, being elevated to a fundamental principle under the provisions of Article 4 of Law no. 254/2013: “Penalties and measures involving deprivation of liberty shall be executed under conditions that ensure respect for human dignity.” Alongside the prohibition of torture and inhuman or degrading treatment, the respect for human dignity also includes the states’ obligation to protect the health of all persons deprived of liberty, by ensuring access to proper medical treatment and detention conditions that do not cause additional suffering to incarcerated individuals. Deprivation of liberty must not equate to deprivation of dignity. The paper will also analyze the case law of the European Court of Human Rights and European regulations, since human dignity is part of European Union law. The European Prison Rules REC(2006)2 of the Council of Europe are of particular importance, as they establish clear obligations for authorities responsible for the custody of detainees in member states, aiming to prevent violations of human dignity. All of these contribute, from a reparatory and protective perspective of criminal justice systems, to a greater respect for the human dignity of the individual, while also aiming to protect society and rehabilitate inmates, thus facilitating the achievement of re-education goals of the punishment.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11402 Protection against Discrimination through Criminal Law 2026-02-13T12:16:45+00:00 Vasile Coman coman1@yahoo.com

The study examines the impact of digitalization on contemporary forms of discrimination, emphasizing their immaterial and transnational character. It analyses the role of criminal law as an ultima ratio instrument in protecting equality of opportunity, focusing on relevant Romanian criminal provisions such as discriminatory abuse of office, incitement to hatred or discrimination, and the aggravating circumstance of discriminatory motive. The paper argues that criminal intervention should be limited to the most serious discriminatory acts, particularly those involving physical or psychological violence, complementing existing civil remedies and ensuring effective protection of victims.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11407 Environmental Justice and the Protection of Human Dignity: Legal Challenges and Opportunities under the new Council of Europe Convention 2026-02-16T06:17:05+00:00 Marco Di Donato marco.didonato_02@univr.it

The Council of Europe’s Convention on the Protection of the Environment through Criminal Law represents an innovative instrument within the international legislative framework, with the potential to enhance the protection of the ecosystem and the respect for human dignity. This article aims to examine, through the analysis of recent cases of environmental degradation, the main shortcomings that the Convention seeks to address and the legal mechanisms established to do so. It demonstrates that the provisions contained in the Convention can serve as catalysts for broader global enforcement, ultimately benefiting populations and safeguarding their dignity.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11408 Gender Discrimination and International Criminal Law: The Role of the ICC in Advancing Womenʼs Dignity 2026-02-16T06:23:08+00:00 Francesco Foccillo foccillofrancesco@gmail.com

Within the framework of international criminal law, the International Criminal Court (ICC) plays a pivotal role in tackling gender-based crimes and advancing women’s dignity. This paper critically examines the ICC’s increasing efforts to combat sexual, reproductive, and other forms of gender-based violence, focusing particularly on the Office of the Prosecutor’s 2023 Policy on Gender-Based Crimes and related ICC case law.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11409 The Criminal Legal Relationship – A Fundamental Concept in Safeguarding Human Dignity 2026-02-16T06:33:04+00:00 Cristinel Ghigheci ghigheci.costel@unitbv.ro

The criminal legal relationship is a construct developed within criminal law doctrine, rooted in the philosophical concept of the social contract. It is generally acknowledged that a “social contract” exists between the state and individuals, establishing reciprocal rights and obligations. Accordingly, a criminal legal relationship emerges upon the entry into force of a legal norm that criminalizes a particular act and becomes operational when an individual commits the offense defined by that norm.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11410 Towards Harmonized Hate Crime Laws: Bridging Legal Gaps for Human Dignity and Inclusion in the EU and International Systems 2026-02-16T06:50:08+00:00 Heybatollah Najandimanesh hnazhandi@atu.ac.ir

This paper analyzes the inconsistent legal responses within the EU and international systems to hate crimes against Muslims, especially incidents involving desecration or insults toward the Holy Quran. It highlights the growing tension between freedom of religion, freedom of expression, and protections against hate speech—three rights often treated separately rather than in an interconnected manner. Due to the absence of harmonized legal standards, significant protection gaps persist, disproportionately affecting Muslim communities. By comparing national laws, EU instruments, ECtHR case law, and UN standards, the paper identifies approaches for better balancing these rights. It ultimately calls for clearer and more coherent legal frameworks that safeguard both the dignity of religious minorities and fundamental freedoms.

2026-02-16T00:00:00+00:00 Copyright (c) 2025 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/11411 Invisible Victims: The Enduring Legacy of Roma Persecution from Nuremberg to Today 2026-02-16T06:57:54+00:00 Roze Surlovska Ristevska roze.3074@student.ugd.edu.mk

International criminal law has played a pivotal role in addressing atrocities, yet it has often failed to fully confront systemic discrimination against marginalized groups. The legacy of the Nuremberg Trials - widely recognized as the foundation for modern international justice - offers a striking example. Although the Roma were among those persecuted by the Nazi regime through internment, forced sterilization, and extermination, their suffering was notably absent from the indictments and legal narratives produced by the Tribunal.