Białostockie Studia Prawnicze są kwartalnikiem wydawanym przez Wydział Prawa Uniwersytetu w Białymstoku ukazującym się od 2006 r. Poszczególne zeszyty mają charakter tematyczny i obejmują publikacje z różnych dziedzin prawa skupione wokół zagadnienia głównego. Poruszane są w nich aktualne problemy z zakresu prawa. Autorami publikacji są zarówno teoretycy jak też praktycy z kraju i z zagranicy. Wszystkie teksty publikowane w BSP są recenzowane. W czasopiśmie publikowane są artykuły naukowe, recenzje monografii naukowych i glosy. Artykuły są publikowane w języku polskim i angielskim. BSP ukazuje się w wolnym dostępie (open access). Oznacza to, że cała zawartość czasopisma jest dostępna nieodpłatnie dla użytkowników, w tym instytucji. Białostockie Studia Prawnicze zostały ujęte w Wykazie czasopism naukowych i recenzowanych materiałów z konferencji międzynarodowych opublikowanym przez Ministerstwo Edukacji i Nauki. Czasopismo otrzymało w wykazie 140 pkt.
Wydział Prawa Uniwersytetu w Białymstoku
Żądanie zmiany oznaczenia płci w kontekście tożsamości człowieka i jego „ja genetycznego”
Th e full Civil Chamber of the Polish Supreme Court has adopted a resolution indicating, among other things, that a request to change the gender designation on one’s birth certifi cate is subject to court review in non-contentious proceedings, applying, by analogy, Article 36 of the Act of 28 November 2014 – the Law on Civil Registry Records. Gender is not only an element of a person’s marital status, but also an important tool for describing and verifying a person’s identity (as data relating to a person). Th ere are numerous legal provisions in the Polish legal system that confi rm this. Although the existing legal framework does not directly refer to the concept of the geneticization of human identity, it indirectly highlights its individual dimension, focusing on the ‘genetic self ’. In scholarly discussions, the concept of the ‘genetic self ’ should be referenced and the relationship between this ‘self ’ and a person’s identity, as well as the possibility of requesting a change of gender designation, should be explored. However, the Supreme Court’s solution cannot be simply negated (or even theoretically eliminated); rather, a diff erent perspective on the issue can be attempted.
Prawa autorskie (c) 2026 Białostockie Studia Prawnicze
Commentary on the Resolution of the Full Bench of the Civil Chamber of the Polish Supreme Court of 4 March 2025 (III CZP 6/24): Approbative Gloss
Th is article discusses the resolution of the Polish Supreme Court of 4 March 2025, III CZP 6/24, which constitutes a breakthrough in Polish jurisprudence concerning the procedural framework in cases relating to the legal determination of the gender of transgender persons. Th e resolution departs from the previously established rule that the occurrence of transgender does not provide grounds for rectifying the entry specifying gender in a birth certifi cate (resolution of the Supreme Court of 22 June 1989), opening the possibility of changing the gender designation in a birth certifi cate at the request of the person concerned, with eff ect ex nunc – that is, from the date on which the judgment becomes final and binding, not retroactively. Th e legal basis for this approach is Article 36 of the Law on Civil Status Records, applied per analogiam. In this manner, the previously developed judicial model based on adversarial proceedings (Article 189 of the Code of Civil Procedure) has been replaced by a non-contentious judicial model, in which the interested person files an application, without the necessity of bringing an action against his or her own parents.
Wykonywanie kary pozbawienia wolności wobec osób transpłciowych w Polsce
The article is an analysis of the issue of how transgender people’s prison sentences are implemented in Poland. The basis for highlighting the various problems analysed in the article was the European Court of Human Rights’ judgment of 2024 in the case of W. W. v. Poland. Th e result of the considerations undertaken here is an argument about the necessity of adjusting Polish criminal executive law to international standards in the field of carrying out the punishment of transgender persons. To this purpose, English and Welsh legal solutions have also been used.
Płeć a tożsamość płciowa pracownika – rozważania na tle zakazu dyskryminacji w zatrudnieniu
This article analyses the relationship between the concept of gender and an employee’s gender identity within the broad context of prohibiting discrimination in employment. The starting point for this analysis is an attempt to reconstruct the normative meaning of gender and to identify the consequences of the binary gender model for the employment situation of transgender and non-binary individuals. Th e author examines whether and to what extent anti-discrimination protection for such employees can be derived from gender or from a separate discrimination criterion, namely gender identity. A multi-level analysis of regulations, case law, and legal doctrine leads to the conclusion that the lack of an explicit regulation regarding employees who do not identify with their birth gender does not exclude the employer’s obligation to treat such employees equally to employees who do not question their male or female gender and to prohibit discrimination in employment at all stages. The article proposes considering the concept of reasonable accommodation as an instrument for adapting working conditions to the needs of employees with a non-binary gender identity, while maintaining the principle of proportionality and the limits resulting from the applicable legal system. Th e discussion is conducted using a dogmatic-legal approach, emphasizing the importance of systemic and functional interpretation in resolving confl icts between the norm and the practice of the contemporary labour market and employment. Th e conclusions are de lege ferenda postulates and a starting point for further discussion on the signifi cance of an employee’s gender identity as a prohibited criterion for employment discrimination.
Wybrane aspekty prawne transseksualizmu w Hiszpanii
Th e issue of gender reassignment has been the subject of increasingly intense public debate for some time now. Diff erent legislatures respond to the signals coming from these debates in different ways: some legal systems have already regulated these issues, while others have not yet been able to choose the optimal legislative solution and still do not specify many issues in the applicable law. One of the legal systems where the issue of the legal regulation of transsexuality arises from time to time is Polish law, which, however, lacks comprehensive regulation of this matter. Over the years, the legislature has considered various drafts on this subject with varying intensity, but has not yet decided to introduce any legal regulation; the impression is given that Poland is still searching for the optimal solution to the problem of gender reassignment. Spain, one of the countries with extensive experience in this area, has legislation that currently contains very progressive and controversial legal regulations on transsexuality. Its basic principles may be valuable in further Polish discussions on the optimal shape of legislation in this area; this article therefore presents these solutions, describing their historical development, current wording and the fi rst practical controversies related to their everyday application. Th e aim is to outline the gender reassignment procedure in Spain. Th e article is based on a dogmatic-legal analysis of Spanish regulations concerning gender reassignment, supplemented by an analysis of doctrine and case law, as well as elements of a functional and comparative legal perspective.
The Impact of Tax Policies on Gender Equality: The Italian Experience
Although tax policies are oft en not the best way to correct gender discrimination, they can contribute to limiting social inequalities and promoting substantive equality between men and women so as to foster greater equity and achieve economic growth and sustainable development. Gender-based taxation could thus become one of the tools to overcome diff erences between individuals of diff erent sexes, achieving a balanced distribution of family tasks within the couple. In order to reduce the gender gap, a form of tax support to the secondary earner could be a reasonable equitable solution. Focusing on the Italian perspective, this essay aims at verifying whether and to what extent it is possible to introduce tax measures based on the principle of gender equality within the limits imposed by the domestic tax system.
Gender as a Legal Construct: Procedural and Substantive Dimensions of the Istanbul Convention in Kosovo
Gender-based violence (GBV) remains one of the most persistent violations of human rights globally. Th e Istanbul Convention has emerged as a key legal instrument shaping state responses to GBV through both procedural and substantive obligations. Although not a member of the Council of Europe, Kosovo uniquely incorporated the Convention into its constitutional framework in 2020, signalling a strong commitment to aligning domestic law with international gender equality norms. Th is article explores the procedural and substantive impacts of that incorporation, analysing reforms to domestic violence legislation, the Criminal Code, and institutional mechanisms modelled on the Convention’s four pillars. Drawing on legal analysis and comparative case studies, we examine the progress and limitations of Kosovo’s approach. While constitutional adoption refl ects a notable step toward gender justice, challenges remain in enforcement, institutional coordination, and the absence of formal monitoring by GREVIO. Nevertheless, Kosovo’s civil society engagement and normative innovation off er insights for the implementation of global gender norms outside formal treaty structures.
The Participation of the Public Prosecutor in Cases of Judicial Matter of Gender Change
In Polish civil procedure, a prosecutor may request the initiation of proceedings in any case, as well as participate in any proceedings already underway, if, in his/her discretionary assessment, the protection of the rule of law, citizens’ rights or the public interest so requires. In non-property matters within the scope of family law, the prosecutor may fi le lawsuits only in cases specifi ed in the act. Th is competence comes from the French model; it is deeply rooted in Polish legal tradition and is consistent with European standards. Prosecutors have reported their participation in proceedings for the judicial determination of gender as being for the purpose of protecting personal data, which has been assessed diff erently. A revision of the procedure for judicial gender change was brought by the resolution of the Supreme Court of 4 March 2025, which established that such changes will not take place, as before, by way of an action for determination, but in non-contentious proceedings for rectifi cation of the civil status record. However, this does not aff ect the legitimacy of the prosecutor, because gender determination does not cause changes in family relations and therefore is not a family matter. De lege ferenda, it is necessary to postulate comprehensive statutory regulation of the judicial matter of gender change.
Status zainteresowanego w postępowaniu o zmianę oznaczenia płci osoby transseksualnej
This article addresses the issue of who qualifies as an interested party in proceedings concerning the change of a gender marker. The author notes that a resolution of the full bench of the Civil Chamber of the Polish Supreme Court, issued on 4 March 2025, altered the established practice by designating the non-contentious procedure – applied by analogy to Article 36 of the Act on Civil Status Records – the appropriate mode of proceeding. Th is marked a departure from the previous approach, which treated such cases as contentious proceedings under Article 189 of the Code of Civil Procedure. As a result of this change, a question arose regarding the identifi cation of participants in the proceedings. In the aforementioned resolution, the Supreme Court held that in proceedings for changing a gender marker, the only participant – aside from the applicant (a transsexual person) – may be the applicant’s spouse. Consequently, other family members, including parents (who under the previous practice were sued pursuant to Article 189 of the Code of Civil Procedure) and the applicant’s children, were excluded from the category of interested parties. Th is article is critical of this limitation, and argues that the concept of an ‘interested party’ under Article 510 of the Code of Civil Procedure has been interpreted broadly in judicial practice concerning non-contentious proceedings. It encompasses not only direct interests but also indirect ones that relate to the nature and consequences of the judgment. Emotional or sentimental interests are also relevant. Additionally, the legislature has recognized family ties as a personal interest protected by law, and changing a person’s gender marker may infringe upon this interest. Therefore, I contend that the concept of an ‘interested party’ should also include family members other than the applicant’s spouse.
Sądowa zmiana płci osoby pozostającej w związku małżeńskim
Polish law does not sufficiently regulate the issue of gender reassignment by transsexuals, but case law has developed a concept according to which it is possible to change the gender designation on a birth certificate by means of a court ruling. According to the Polish Constitution, marriage is in all cases a union between a woman and a man, and there is no doubt that a transsexual who has changed their registered gender may marry a person of their former gender. According to the prevailing view, if a transsexual is already married, it is not possible to change one’s gender designation before the marriage is dissolved. The problem arises if, contrary to this view, a court rules to change the gender of a transsexual who remains married. In such a case, it is impossible to assume that a same-sex marriage is being formed, as this would be contrary to the Constitution. It is also diffi cult to consider that the existing marriage expires by operation of law. This article proposes a solution whereby a court ruling providing for a married person’s change of gender has no legal effect.
Zmiany administracyjnoprawnego statusu jednostki w związku z tranzycją płci
This article examines the legal and administrative consequences of gender transition in Poland, with a particular focus on the correction of personal data and gender markers in civil status records, identity documents, and the PESEL system. Th e analysis also covers the procedures for changing one’s given name and surname in the context of legal gender recognition. By applying a dogmatic-legal method, the author critically assesses current legal regulations, court rulings, and procedural practices, identifying systemic obstacles that transgender individuals may encounter during their transition. The study highlights inconsistencies in administrative practice, legislative gaps, and procedural burdens that may hinder the practical realization of the rights of transgender individuals. The article also reflects on potential de lege ferenda solutions to establish clear, inclusive, and transparent procedures in Polish administrative law to ensure the complete and dignifi ed legal recognition of gender identity.
Karolina Rokicka-Murszewska Rokicka-Murszewska
Konstytucyjne uwarunkowania prawnego uregulowania kwestii tranzycji płci
This article aims to indicate the constitutional conditions of gender transition of Poland. It argues that although the Polish Constitution does not directly regulate the situation of persons experiencing gender dysphoria, some specifi c guarantees regarding these persons might be reconstructed from the Constitution’s general clauses, such as the protection of human dignity and the right to decide about one’s own life. Th is primarily concerns the so-called right to respect and the protection of gender identity. It is the legislature’s ‘positive obligation’ to regulate the premises, procedure and consequences for gender recognition in offi cial documents. To date, however, there is still no law specifi cally addressing this issue. Courts are attempting to fi ll this legal gap, but their case law remains inconsistent. As a result, realising the right to respect and the protection of gender identity still encounters excessive (disproportionate) barriers in Poland.
Zakaz dyskryminacji ze względu na tożsamość płciową i orientację seksualną w świetle orzecznictwa luksemburskiego dotyczącego związków osób transseksualnych i homoseksualnych: TSUE jako kreator hierarchii ochrony przed dyskryminacją?
Protection against discrimination based on gender identity and sexual orientation – some of the most intimate personal characteristics – has become part of the EU legal system relatively recently. The Court of Justice of the European Union plays an important role in shaping this protection. The aim of this article is to assess the level of actual protection against discrimination on the grounds of gender identity and sexual orientation through a comparative analysis of the anti-discrimination judgments of the CJEU concerning the rights of unions of transsexual and homosexual persons. The research shows that transsexual people and their relationships enjoy a greater degree and scope of protection against discrimination in their relationships than homosexual people do.
Standardy ustalenia płci na gruncie Europejskiej Konwencji Praw Człowieka a prawo polskie
As a party to the Convention for the Protection of Human Rights and Fundamental Freedoms, Poland is bound by the standards of human rights protection stemming from it, including those outlined by the European Court of Human Rights in its case law. One of the issues that has received extensive case law is the issue of gender recognition for transgender people. Th is article analyses the standards in this area, particularly with regard to the procedures that should be established in national law and the requirements that may be imposed on transgender people. It then focuses on the procedure in the Polish legal system. Th e conclusion is that Polish law does not comply with the standards of the Convention; in particular, it does not establish quick, transparent, and accessible procedures for gender determination. These are not governed by legal provisions, but are the result of the case law of Polish courts, which thus attempt to assist transgender people in regulating their legal situation. There is no clear position on the requirement to undergo gender reassignment surgery, although ECtHR judgments indicate that obliging transgender individuals to undergo surgery violates the Convention, especially if it were to result in that person’s infertility. There is also no precise definition of the evidentiary process in cases of gender determination.
O humanizację i racjonalizację prawnej procedury określenia płci – przyczynek do dyskusji
The question of gender determination beyond the sex assigned at birth poses complex legal and normative challenges. In particular, the practice of adjudicating gender designation through contentious judicial proceedings has to date neither been formally endorsed by the legislature nor remained free from judicial critique. On the contrary, it was substantially repudiated in the 2025 resolution of the Polish Supreme Court, issued in response to a legal question submitted by the Prosecutor General on 8 September 2022. The Supreme Court’s intervention reflects a broader legal and societal concern about the adequacy of current procedures for gender recognition. While the rejection of arbitrary or unfounded gender declarations is justified in the interest of legal certainty, there remains a compelling need to humanize legal processes concerning gender - an area that touches on fundamental aspects of personal identity, dignity, and social integration. This article addresses the formal and legal implications of recognizing the possibility of determining an individual’s gender in a manner divergent from that indicated on their birth certificate. The aim is to explore whether such procedures should be differentiated depending on the specific circumstances of individual cases.
Towards a Digital Rule of Law: Redefining Citize-State Relations in Digital-Age Democracies
This article examines the normative tensions between classical conceptions of the rule of law and the structural transformation of democratic governance in the digital age. The main research hypothesis is that classical rule-of-law frameworks are no longer sufficient in the face of algorithmic opacity, the power of platforms, and automated decision-making, which necessitates the development of a renewed concept of a digital rule of law. The study employs three complementary methods: the dogmatic-legal method (analysis of EU legal acts, in particular the Digital Services Act, the AI Act, and the GDPR), the theoretical-legal method (analysis of the concept of the rule of law), and critical discourse analysis in relation to digital transformation. It argues that digitalisation is not merely a technical shift but a reconfiguration of the citizen–state relationship. On this basis, it develops three normative directions: digital constitutionalism as a framework for legitimising digital infrastructures, legal safeguards for public and platform-based uses of artificial intelligence, and more inclusive models of civic participation in digitally mediated lawmaking. The article concludes by formulating institutional recommendations for operationalising a digital rule of law in contemporary democracies.
Judicial Reform in the Era of Digital Democracy from the Perspective of Ensuring the Rule of Law: The Perspective from Poland and Lithuania
In this article, we explore the complex challenges and opportunities arising from the digital transformation of the judiciary in the context of modern democratic societies, with a particular focus on Poland and Lithuania. As digital tools increasingly shape how justice is administered, ensuring the rule of law, transparency, and fair trials remains a central concern. We analyse the legal, institutional, and technological aspects of judicial reforms, including the use of remote hearings, algorithmic decision-making, online access to court services, and the risks of digital exclusion. Drawing on European standards, we highlight the need to strike a careful balance between innovation and fundamental rights. By examining recent legislative initiatives, court practices, and comparative insights from both countries, this article contributes to the broader discourse on the legitimacy, efficiency, and accountability of digital justice systems in a democratic setting.
Digitalization of Political Parties in Poland: Between Law and Practice
Analysis of political parties’ digital adaptation is a rapidly growing field of research that was accelerated by the COVID-19 pandemic. This study of seven political parties in Poland, using the operationalization proposed by the DIGIPART project, provides information on the specifics of the external and internal use of digital tools in a young democracy. The main sources of data for the dataset are party websites, apps, social media and online participation platforms, which have been subjected to qualitative content analysis. The analysis confirms that the digitalization of parties is more advanced in external dimensions that directly connect parties with voters (the communication and resources pillar) than in dimensions related to internal party procedures (the electoral, deliberative and participatory pillar). The use of digital tools is influenced more by the level of intra-party democracy and the party’s distance from the centre on the right–left axis than by age or party size.
Electronic Communication Tools in Participatory/Civic Budgeting: The Case of Warsaw
The aim of this study is to analyse the participatory/civic budget in Warsaw in terms of the use of electronic communication tools. Answers to the following two research questions are sought: (1) At what stages of participatory/civic budgeting are electronic tools used? (2) What are residents’ opinions regarding electronic tools used in participatory/civic budgeting in Warsaw? During the research process, the following research hypothesis will be verified: the electronic tools used in the participatory/civic budget in Warsaw are being gradually improved, and the budget in this city is increasingly becoming an electronic one. This research primarily uses an in-depth analysis of primary sources, including statistical data, legal acts, reports, and evaluation documents. Eleven versions of the participatory/civic budget in Warsaw were analysed. The research hypothesis was partially verified positively
E-Voting in Commercial Companies in Poland from the Perspective of Shareholders as an Example of Digital Democracy: Challenges and Opportunities
This article addresses the issue of e-voting in commercial companies in Poland from the perspective of the company’s shareholders. It presents this issue as an example of digital democracy and discusses the associated challenges and opportunities. The article is based on the dogmatic-legal and the comparative-legal methods. The main aim is to examine whether regulations regarding e-voting by shareholders on the resolutions of commercial companies in Poland have improved the conduct of shareholder voting or have established barriers that complicate this process. The second research issue is an attempt to answer the question of whether regulations introduced by the Polish legislature enable the use of modern technologies for conducting voting, including systems based on distributed ledger technology and virtual worlds. The research allowed for the formulation of the following research theses: firstly, the regulations contained in the Polish Commercial Companies Code allow for the widespread use of electronic voting methods by shareholders when resolutions are adopted. However, they are not available in all commercial companies, nor to the same extent. Secondly, voting using methods based on distributed ledger technology is also permissible. However, voting at a meeting cannot be conducted solely virtually. The conclusions include proposals for clarification of the legal provisions in this area, which will enable more effective use of e-voting in commercial companies in Poland.
How Do Anti-Money Laundering Laws Affect the Growth of Fintech Lending Platforms in Europe?
The aim of this study is to explore the effects of anti-money laundering (AML) legislation on fintech lending platforms in the European context, focusing on the balance between protecting market integrity and safeguarding the expansion of innovation in the financial field, a tension that is encapsulated by the innovation trilemma. By analysing the current state of fintech lending and the evolving anti-money laundering regulatory landscape in Europe, the paper investigates how rigid compliance requirements can unintentionally suppress innovation. Furthermore, it discusses how these challenges can be overcome and assesses potential solutions, such as regulatory sandboxes and innovation hubs. The study concludes that AML rules are essential to strengthen financial stability; however, a more harmonized and technologically adaptive regulatory approach is necessary to promote innovation without compromising risk mitigation. Strengthening international cooperation and taking advantage of digital regulatory tools could be key in determining the future of fintech compliance and sustainable growth.
Digitalisation of the EU Healthcare System: Member States Enabling the European Health Data Space
This article presents a comprehensive overview of the legislative and policy frameworks adopted at the EU Member State level in healthcare systems and analyses the development of their implementation regarding the 2030 digital targets. The comparative analysis of national strategies for the digitalisation of health services aims to provide information on the existence of the framework for digitalisation of the sector and on the implementation of the e-health record system, and to assess the feasibility of achieving the goal in each Member State and in a cumulative way for the European Union and its Digital Decade Policy Programme. The output of the analysis is an essential contribution to the current process of creating a common European health data space, for which the creation of an e-health information system that is digital and shareable is a prerequisite for interoperability, while ensuring digital inclusion for everyone.
Digital Transformation and Human Resources Planning in Public Administration: Insights from the Spanish Experience
Digital transformation is reshaping public administration, especially in human resource management. This article explores how it redefines organisational values, skills, and roles, highlighting job evaluation as crucial for adapting to new digital demands. It also addresses HR planning challenges, stressing the need to anticipate future profiles and build a culture that embraces technological innovation to create a more agile and efficient administration.
Commercial Registers as Administrative Databases: Balancing Public Accessibility and Privacy
Countries develop various administrative databases in order to better perform governmental functions or to specifically influence certain civil relations or the behaviour of individuals. One particular and distinctive type of database containing personal data is commercial registers in Europe, which have a specific characteristic: they are accessible to the public and the data published has a binding nature. At the same time, this public accessibility of the personal data in commercial registers, especially with the increasing availability of digital technologies and their impact on society, can create a conflict with the privacy of the individuals included in these databases. This article first examines commercial registers as a form of public digitalisation, and then how the European Court of Justice, in its case law, balances the public accessibility which is an integral part of commercial registers with the right to privacy and data protection. In conclusion, the article generalises the lessons from the European Court of Justice case law and from legal scholarship that can be applied to preserve privacy, while the public accessibility of commercial registers is respected.
The Digital Markets Act: What Have We Learned after the First Years of Its Application?
The Digital Markets Act (DMA) became applicable in May 2023. It is completely new piece of legislation affecting a sector which has not been subject to any specific regulation before, and it introduced brand new concepts aimed at protecting the digital rights of consumers and business entities alike. What have we learned after the first years of its full application? Has the European Commission’s practice clarified the concepts that were disputed? Did it have any measurable effects on the markets? Has it brought any specific improvement in consumers’ digital rights? This paper re-interprets the DMA in the light of recent case law, evaluates its practical impact so far and tries to predict how its future application might affect the protection of digital rights.
Gender Bias in AI Systems: A Critical Analysis of Regulatory Frameworks and Policy Responses
The rapid proliferation of artificial intelligence systems has exposed pervasive gender biases that reflect and amplify existing societal inequalities, posing significant threats to gender equality and women’s fundamental rights. This article examines gender bias in AI systems through both theoretical and regulatory lenses, analysing how these biases manifest and can be addressed through comprehensive policy frameworks. The first section provides a systematic literature review exploring how bias becomes embedded in algorithmic systems through biased training data, algorithmic design choices, and broader cultural contexts. The second section examines policy responses, comparing UNESCO’s comprehensive recommendations with the European Union’s Artificial Intelligence Act and referencing the Council of Europe Framework Convention on Artificial Intelligence. This analysis reveals a significant disconnect between aspirational frameworks and practical implementation, demonstrating that existing regulatory approaches inadequately address gender bias in AI and highlighting the urgent need for comprehensive integration of gender equality considerations into AI governance frameworks.
The AI Act: Challenges for Justice and Democracy in the Deployment of AI-Based Systems
The entry into force of the AI Act will have a significant impact on the practices of both private and public actors. The Act identifies areas where there is a particularly high risk of the violation of fundamental rights, including the administration of justice and democratic processes. This article analyses the provisions of the AI Act for the use of AI systems in these areas, outlines the framework for their use and identifies the main risks to human rights. It considers the most important challenges arising from the AI Act in relation to justice and democratic processes, as well as the difficulties in interpreting the Act in this regard. It also proposes an approach that EU Member States can follow to adjust their national legal systems to meet these new challenges. It suggests that these challenges require a coherent process for the digitisation of justice that distinguishes between systems subject to high-risk AI regulation and those that can be implemented without such burdens. Regarding democratic processes, Member States must implement regulations that, first, promote transparency in the use of AI tools and, second, encourage cooperation with online platforms in monitoring them.
The Increased Likelihood of Identification as EU Citizens among Critical Yet Positively Minded Young Digital Users
In this article, we provide empirical evidence demonstrating that both identification with EU citizenship as well as active digital engagement depend significantly on young people’s abilities as critical thinkers. More specifically, we demonstrate that critical yet positively minded young people are more likely to identify as EU citizens. Such healthy sceptics are also more likely to report that they know their citizens’ rights and obligations and claim to be well informed about EU decision-making. We provide a more detailed analysis by distinguishing between four categories of youth digital users based on variety in their critical thinking modes and their identification as EU citizens; they can be described as rejecting, engaged, trusting or disinterested. They vary in their level of digital media use, modes of critical thinking, fact-checking and EU identification. We offer evidence indicating that the category of engaged youth demonstrates digital literacy traits that contribute to fostering digital citizenship. In other categories, there is ample opportunity for the enhancement of digital literacy skills. We offer empirically based guidelines tailored to the unique needs of the different groups of youth digital users that we have identified.
Civic Engagement in the AI Age: The Role of Digital Activism in Fostering Democratic Technologies
This paper examines the crucial role of activism and civil society in strengthening democratic values, particularly in the context of the contemporary challenges posed by artificial intelligence (AI). People’s involvement through different forms of associative participation fosters accountability and social capital, essential for democratic resilience. However, the rise of AI poses risks, including manipulation through disinformation, deepfakes, and privacy violations, which threaten democratic processes and fundamental rights. In response to such threats, digital activism emerges as an essential tool, not only for mobilising people but also for steering technological development towards more inclusive and responsible forms. The article argues that digital activism should not be limited to awareness-raising or AI literacy initiatives, but rather should be recognised as a proactive force in the definition of an ethical AI consistent with democratic values. In this framework, participatory design represents a fundamental methodological tool; indeed, it aims at involving different stakeholders in AI design processes to create more responsible technologies. Therefore, through the active involvement of digital activism associations in AI decision-making processes, people can contribute to the democratic control of technologies and the safeguarding of fundamental freedoms. Just as civic engagement has historically strengthened democratic institutions, digital activism therefore has the potential to guide AI development towards fairer and more transparent and accountable technological futures.
Digital Citizenship and the Right Not to Use the Internet: The European Approach
The growing importance of the concept of digital citizenship reflects the integration of online participation, rights, and responsibilities into everyday life. European policies and initiatives increasingly emphasise digital inclusion, universal access, and the promotion of digital literacy as prerequisites for active citizenship in the digital era. At the same time, the question arises of whether individuals should also be entitled to a right not to use the internet without facing social, economic, or political exclusion. This article explores the European approach to digital citizenship in the context of this emerging right, highlighting tensions between policies aimed at inclusion and the freedom of individual choice. It analyses how to reconcile the promotion of digital participation with respect for the autonomy of individuals who choose to remain offline. It also argues that recognising the right not to use the internet is crucial for protecting personal freedoms and preventing forced digital dependency, while inclusive strategies should ensure that non-users are not marginalised in exercising their civic rights.