Srpska politička misao

JUSTICE UNDER SIEGE: CYBER THREATS AND THE MALICIOUS USE OF AI IN THE JUDICIARY

2026-02-03T10:19:38+01:00

As judicial systems increasingly integrate digital technologies and artificial intelligence (AI), they become more efficient yet highly vulnerable to cyber threats and AI-driven manipulations. This paper examines the growing risks of cyberattacks targeting the judiciary, as well as the malicious use of AI in legal proceedings, both of which pose severe threats to judicial integrity, fairness, public trust, and the broader judicial policy framework. The article explores key cybersecurity vulnerabilities, including ransomware attacks on court databases, AI-powered deepfake evidence manipulation, algorithmic bias in automated decision-making, and AI-driven misinformation campaigns. The weaponisation of AI in legal contexts, through fraudulent case manipulation, automated hacking, and digital surveillance, raises profound concerns about due process, judicial independence, and access to justice. These challenges directly affect judicial policy, as they demand new safeguards and adaptive governance models capable of preserving impartiality and accountability in an increasingly digital justice environment. By analysing real-world incidents and international regulatory approaches, this paper outlines strategies for strengthening judicial cybersecurity and safeguarding AI applications. Recommendations include enhanced digital forensics, AI transparency requirements, independent auditing mechanisms, and cross-border legal cooperation to combat cyber threats and AI misuse in the judiciary. Crucially, these measures must be integrated into judicial policy at national and supranational levels to ensure the resilience of reforms. As courts continue to embrace digital transformation, a proactive and resilient security framework is essential to preserve the rule of law in an era of evolving cyber threats and AI-driven legal manipulations. This study underscores the urgent need for global legal and technological safeguards to protect justice systems from digital exploitation and AI-enhanced cyberattacks.

PERSPECTIVES OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN LOCAL SELF-GOVERNMENT IN THE REPUBLIC OF SERBIA

2026-02-03T10:19:38+01:00

The paper analyses the use of artificial intelligence in the exercise of competences of local self-government in the Republic of Serbia. After the introductory considerations, which also include a short review of the legal framework of the AI in the Republic of Serbia, there is an analysis of different possibilities of using AI in the performance of communal activities in general. After that, there is a brief presentation of the concept of local self-government in Serbia and its shortcomings, and then the discussion about possibilities of applying AI in municipalities and cities in the Republic of Serbia, primarily bearing in mind their size and scope of competences. In the concluding considerations, the results of the research are summarized, with particular emphasis on three key points for the wider application of artificial intelligence in local self-government in the Republic of Serbia in the future.

LEGAL PROTECTION OF WORKERS AND EMPLOYERS WHEN USING ARTIFICIAL INTELLIGENCE IN THE WORKING ENVIRONMENT

2026-02-03T10:19:39+01:00

The use of artificial intelligence in the work environment by both workers and employers represents the present in which many issues of labor law are realized, which indirectly affect both Commercial Law and Intellectual Property Law. In the digital age we are in, workers exercise new rights and new forms and ways of working that pose a challenge to labor legislation, while employers can use (generative) artificial intelligence tools when hiring and controlling workers, which raises a number of questions in the field of ethics, the realization of basic workers’ rights, and the protection of personal data. The issue of legal protection of artificial intelligence developed by workers in an employment relationship with an employer is open. In the spirit of the new EU regulation 2024/1689 on determining the conformity of the rules on artificial intelligence, the authors in this paper propose new legal solutions in the field of Labor Law and Intellectual Property Law (de lege ferenda).

HOW TO RESPOND TO THE CHALLENGES OF ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF REGULATORY APPROACHES OF THE EUROPEAN UNION, CHINA, AND THE UNITED STATES

2026-02-03T10:19:39+01:00

The rapid development and implementation of artificial intelligence technology in various spheres of social activity confronts legal systems with the challenges of defining the protection of fundamental rights, liability for damage, and managing an acceptable level of risk to stimulate innovation. In the era of digital transformation, technology has become a new arena in which the interests of great powers are weighed and the contours of future global power are shaped. The regulation of artificial intelligence reflects the value, (geo)political, and (geo)economic priorities of prominent actors in this domain. The subject of the paper is a comparative analysis of the regulatory approaches of the European Union, the People's Republic of China, and the United States of America. The paper employs a qualitative study of the content of relevant strategic and normative documents to interpret the fundamental principles that underpin the selected regulatory frameworks. The main differences between them are identified, which point to internal socio-economic priorities, but also similarities that reveal global ambitions. The focus is on institutional dynamics, legislation in force, and ethical guidelines to overcome general comparisons dominant in contemporary public discourse. It is necessary to critically examine the overly simplistic view that the European approach to artificial intelligence places the protection of fundamental rights at the center stage; the American approach is dominated by the private sector and market dynamics, with excessive commercialization; while the Chinese approach is characterized by strong state control and strategic planning, along with the development of controversial surveillance systems. The implications of the observed divergent interests for the future of the ethical application of ubiquitous artificial intelligence are discussed, as well as the possibilities for eventual reconciliation of differences in order to achieve international harmonization of rules. By analyzing the specificities, but also the contradictions, of AI governance in large jurisdictions, the authors offer a rounded judgment on the (in)compatibility of value-based regulation with the pragmatic need to achieve technological supremacy. This allows for a deeper understanding of the positioning of great powers and European states embodied in the supranational Union in the global technological architecture, as well as contributing to the discussion on contemporary social challenges brought about by the seemingly unstoppable development of advanced technologies.

ARTIFICIAL INTELLIGENCE AND ENVIRONMENT PROTECTION- LEGAL ASPECTS

2026-02-03T10:19:39+01:00

Society is undergoing rapid transformation, posing significant challenges to legal systems worldwide. A central aspect of this transformation is the development of artificial intelligence (AI). At the same time, the right to a healthy environment, guaranteed by the constitution worldwide, is a fundamental human right and concerns all citizens, because everyone affects the state of the environment. The authors in this paper, after introducing the concept of artificial intelligence itself, first deal with the current normative state of the art in this area, both at the level of international public law and at the level of domestic legal orders. After that, the importance of environmental protection, the legal framework for its protection, and the norms regarding the use of artificial intelligence in environmental protection are presented, with an appropriate conclusion.

THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN HEALTHCARE: DIAGNOSTIC POTENTIAL, LEGAL FRAMEWORK AND ETHICAL CHALLENGES

2026-02-03T10:19:39+01:00

Artificial intelligence (AI) has assumed an increasingly significant role in contemporary society, particularly within the healthcare sector. While the medical community was initially hesitant to embrace advanced technologies, recent years have witnessed a rapid expansion in the integration of AI into clinical practice. This development has the potential to fundamentally reshape the ways in which diseases are diagnosed, treated, and predicted. Given that the fight against malignant diseases constitutes one of the European Union’s central health policy priorities, as articulated in the strategic document Europe’s Beating Cancer Plan, this paper explores the potential of AI to advance the objectives of that agenda, with particular emphasis on enhancing screening programmes and fostering the development of personalised therapeutic approaches. The paper is organised into three thematic sections. The first section adopts an empirical approach to investigate the potential of AI in a clinical context, with a particular focus on improving diagnostic accuracy and advancing predictive analytics. The second section employs a comparative legal methodology to analyse the regulatory frameworks governing the application of AI in the healthcare systems of the Republic of Serbia and the Republic of North Macedonia. The third section addresses key ethical challenges, including the protection of patient privacy, the mitigation of algorithmic bias, and the safeguarding of informed consent in a technology-mediated medical environment. The methodological framework of this paper is primarily grounded in qualitative analysis, encompassing both legal instruments and relevant professional and academic literature, while incorporating quantitative evidence to the extent that it is available through existing medical research.

SURROGATE MOTHERHOOD – ABUSE OF FINANCIAL (IN)ABILITY OR SOCIALLY ACCEPTABLE FAMILY PLANNING METHOD

2026-02-03T10:19:39+01:00

Surrogate motherhood, as one of the most sensitive and controversial issues not only in the field of contemporary family law, but also in the field of human rights law in general, has its foundations both in medical advancements and achievements and in the evolution of legal and societal awareness. Surrogacy, as an important family-building pathway, is primarily driven by a profound desire of intended parents for parenthood and the fulfillment of the most important role in life. In this paper, the author will analyze surrogate motherhood, especially focusing on the proposed legal framework of altruistic-gestational surrogacy within the Pre-draft of the Civil Code of Serbia. Using normative and axiological methods, it is questionable whether and which type of surrogacy should be understood as an abuse of rights and medical achievements. Having in mind numerous advantages of precise and restrictive provisions of surrogate motherhood as proposed in the Pre-draft of the Civil Code, it would be preferable to consider surrogacy, established as a method of female infertility treatment, a socially acceptable method of family planning.

LEGALIZED EUTHANASIA: A HUMAN RIGHTS AND BIOMEDICAL ETHICAL DIAGNOSIS

2026-02-03T10:19:40+01:00

Euthanasia has been the subject of much legal, religious, moral, and human rights debate in recent years. At the center of this debate is how to reconcile competing values: the wish of patients to choose to die by waiving their right to life through voluntary consent, and the necessity to uphold the inviolable right to life of every person, as recognized by Article 6 (1) of the ICCPR. Even though euthanasia is mostly illegal, there is an ever-increasing drive towards legalization. As more States begin to re-examine and, in some instances, rescind their bans on euthanasia, the international human rights legal community needs to re-examine and reconfirm its viewpoint on the utmost essential human right, that is, the inviolable natural law right to life. By validating euthanasia through national statute, the fundamental human right to live is de facto nullified for many more people than the few whose assumed right to die is compromised. Regrettably, illogical arguments based on obscure and fictional rights, such as “the right to die with dignity,” largely go unopposed, while insistence on respect for true natural law and fundamental human rights, as well as established international jus cogens norms, including the right to life, are negated. The key medical moral criteria— autonomy, beneficence, non-maleficence, and justice — are characterized and illuminated in the context of euthanasia to provide a general, ethical, and moral analytical framework that aids policymakers in making ethically sound judgments.

SEX IN RECENT GENDER POLICIES: INTERDISCIPLINARY REFLECTIONS ON THE X V. NORTH MACEDONIA CASE BEFORE THE ECTHR

2026-02-03T10:19:40+01:00

This article was initially prompted by the inconsistent use of the terms sex and gender in the landmark case X v. the Former Yugoslav Republic of Macedonia (now Republic of North Macedonia) before the European Court of Human Rights (ECtHR). Although the judgment was delivered several years ago, national legal implementation remains incomplete and, to some extent, problematic. This topic remains timely more broadly, given the limited engagement of English legal discourse with the ECtHR’s evolving approach to gender recognition. The authors investigate why a seemingly straightforward legal adjustment, such as introducing a gender marker on birth certificates, has proven so contentious. Their inquiry revealed that the term gender, originally introduced to distinguish from sex, has been increasingly subsumed into the concept of sex, often being used interchangeably. The Court’s judgment reflects this conflation: at times it refers to sex, at others to gender, and frequently to both (e.g., sex/gender) without clear differentiation. This raises critical questions, foremost among them: Why was there such a concerted effort to establish gender as distinct from sex when some of the same actors now assert that the two are effectively synonymous? While the X v. North Macedonia judgment marks a significant step in affirming transgender rights, it also exposes the ECtHR’s ongoing terminological ambiguity. In the absence of clear and consistent language, and in pursuit of fulfilling human rights obligations, particularly under articles 8 and 14 of the ECtHR, a legal compromise has emerged: recognizing gender identity as a fundamental aspect of personal identity, protected under the right to respect for private life.

THE ANATOMY OF VETTING – BETWEEN LAW AND POLITICS

2026-02-03T10:19:40+01:00

The paper examines the phenomenon of vetting in the judiciary in Albania, Bosnia and Herzegovina, and Serbia, as post-communist countries in the European Union accession process. Vetting is not a uniform concept, and it appears in several forms, such as review, reevaluation, and re-election (reappointment) of judges. There is no unique vetting model because it is impossible to apply it to different socio-political contexts. The author of this paper approaches vetting as an anti-corruption instrument useful in systems in which the rule of law is systematically and continuously violated, as well as the independence of judges and public prosecutors is violated. Vetting as a personnel reform programme in the judiciary should be agreed upon by a broad consensus (social, legal, and political actors) based on the constitutional and international norms. As a form and the cornerstone of administrative justice, vetting paradigm experienced a Copernican turn from transitional regimes to weak democracies. In the first case, it was a transitional justice mechanism, while in the second case, it was an instrument of recovery and strengthening the rule of law.

THE MACEDONIAN QUESTION: BETWEEN WESTERN AND EASTERN CULTURAL MEMORY OF ALEXANDER THE GREAT

2026-02-03T10:19:40+01:00

This paper explores the “Macedonian Question” through the lens of the cultural memory of Alexander the Great. Rather than viewing it solely in political, legal, or geopolitical terms, the study examines the ideological and cultural constructions that shape contemporary understandings of the ancient legacy. Particular attention is given to the difference between Western and Eastern cultural memory: the Western tradition primarily presents Alexander as a conqueror and bearer of imperial order, while the Eastern tradition portrays him as a cultural mediator. The paper demonstrates that these divergent interpretations are not merely academic but carry strong political implications in the present regional and international context. Contemporary Macedonia emerges as a space where these narratives collide, most visibly in the dispute over its name and the Prespa Agreement, but also in broader processes of positioning the Balkans between West and East. Thus, the Macedonian Question today is not only a matter of national identity, but also a field in which global processes of cultural hegemony, ideological construction, and strategic competition are reflected.

HOW AND WHY BULGARIA MISSED ITS CHANCE TO BECOME AN ENERGY CENTER IN THE BALKANS

2026-02-03T10:19:40+01:00