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Public Law at the Crossroads of Technology, Jurisprudence and Governance in Contemporary Europe Cover Image

Public Law at the Crossroads of Technology, Jurisprudence and Governance in Contemporary Europe
Public Law at the Crossroads of Technology, Jurisprudence and Governance in Contemporary Europe

Author(s): Verginia Vedinaș, Ioan Laurențiu VEDINAȘ, Jelena Trajkovska-Hristovska, Eugenia Iovănaş, George-Bogdan Ioniță, Mihai Ștefănoaia, Marlena Boancă-Ivan, Alina-Emilia Ciortea, Ionela Alina Zorzoană, Mihaela Victorița Cãrãușan, Marta-Claudia Cliza, Constantin-Claudiu Ulariu, Monica-Teodora Scăunașu, Elena Emilia Ștefan, Andreea Nicoleta Dragomir, Adrian Nicolae Vasiu, Iulian COMAN, Amira Namouchi
Contributor(s): Hitomi Takemura (Editor), Steve O. Michael (Editor)
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Law and Transitional Justice, Information Architecture, Governance, Public Administration, Public Law, Court case, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: public law; governance; comparative law; international law, cyber law; public administration;
Summary/Abstract: This volume contains the scientific papers presented at the 8th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 16 May 2025 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: www.alpaconference.ro. The articles included in this volume have been revised using the “double blind” peer review system, respecting international scientific standards. The scientific studies included in this volume are grouped into three chapters: I. The Rule of Law Under Strain: Legislative Failure, Constitutional Control and Administrative Legitimacy; II. Public Law and Europeanisation: Jurisdictional Alignment and Procurement Reform; III. Administrative Innovation in a Digital and Global Era: Technology, Inclusion and Interconnected Governance. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

  • E-ISBN-13: 978-630-6743-03-2
  • Page Count: 229
  • Publication Year: 2025
  • Language: English
Legislation Between Bad Faith, Improvisation and Disrespect for the Rule of Law

Legislation Between Bad Faith, Improvisation and Disrespect for the Rule of Law
(Legislation Between Bad Faith, Improvisation and Disrespect for the Rule of Law)

  • Author(s):Verginia Vedinaș, Ioan Laurențiu VEDINAȘ
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
  • Page Range:14-21
  • No. of Pages:8
  • Keywords:lawmaking; law; rule of law; executive power; legislative power; rules; exceptions and derogations;
  • Summary/Abstract:This study aims to analyse the current law-making process. We focus on its shortcomings, which violate not only procedural rules but also substantive rules and the constitutional regime of fundamental institutions of the rule of law. We refer to the emergency ordinance, which has been transformed from an exceptional procedure into the rule in lawmaking, or the engagement of the Government’s responsibility, which has broadened its scope to include codes and packages of laws, thus emptying the role of Parliament as the sole legislative authority of the country of its content. Added to this are serious procedural shortcomings, such as the classification and adoption as ordinary laws of normative acts regulating matters falling within the scope of organic law and regulation by derogation, so that the rules laid down in the normative act from which the derogation is made are emptied of content.
When Constitutional Court Steps In: Rethinking Constitutionalism Through Judicial Activism. Case Study of the Republic of North Macedonia

When Constitutional Court Steps In: Rethinking Constitutionalism Through Judicial Activism. Case Study of the Republic of North Macedonia
(When Constitutional Court Steps In: Rethinking Constitutionalism Through Judicial Activism. Case Study of the Republic of North Macedonia)

  • Author(s):Jelena Trajkovska-Hristovska
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Court case
  • Page Range:22- 45
  • No. of Pages:24
  • Keywords:Constitutional court; constitutionalism; separation of powers; instruments for judicial activism; normative framework;
  • Summary/Abstract:Constitutional activism has played a significant role in advancing the interpretation and evolution of law. However, when judges begin to believe they can address all societal issues by stepping into legislative and executive roles - often due to a perception that these branches have fallen short in their duties - numerous challenges inevitablye merge. The paper will examine the dynamic interplay between constitutional (judicial) activism of constitutional courts and constitutionalism, analyzing how constitutional courts navigate their role within modern constitutional democracies. The paper will focuson mechanisms and instruments that fuel judicial activism, within the legal framework of Republic of North Macedonia. The paper explores whether certain elements embedded in the legal framework of the Constitutional Court might, over time, create conditions that disturb the balance between the branches of power. It considers the possibility that the Court — despite being traditionally seen as the weakest link in the separation of powers— could gradually take on a more dominant role in the constitutional structure. The analysis also reflects on whether the system has sufficient mechanisms in place to respond to such developments. The research relies on comparative and doctrinal methods, combining an interpretation of constitutional provisions with a contextual analysis of court practice and legal scholarship. This approach is commonly used in constitutional law to assess the evolution of institutional roles and to draw parallels across jurisdictions. The analysis of instruments that foster judicial activism, will provide insights into the evolving role of the Constitutional court of Republic of North Macedonia in reinforcing or challenging the foundational structures of governance.
Consideration Regarding the Exercise of Legality Control by the Prefect According to the Romanian Administrative Code

Consideration Regarding the Exercise of Legality Control by the Prefect According to the Romanian Administrative Code
(Consideration Regarding the Exercise of Legality Control by the Prefect According to the Romanian Administrative Code)

  • Author(s):Eugenia Iovănaş
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
  • Page Range:46-54
  • No. of Pages:9
  • Keywords:prefect; administrative acts; legality control; public property;
  • Summary/Abstract:According to Article 122 (4) of the Constitution, ‘The prefect may challenge, before the administrative litigation court, an act of the county council, the local council, orthe mayor, if he considers the act illegal.’ The administrative control also strengthens the principle of decentralisation in the domain of public administration by the authority it gives the prefect to use the legal means specifically to control notification and order - and to establish which of the issued acts are illegal. From the content of the legal provisions listed above, it clearly results that the local public authority decides, in exercising its powers, only through decisions, in all fields attributed by law. Article 129 (6)(b) of the Administrative Code regulates the law of local councils to ‘give in free use, for a limited time, movable assets and real estate, public or private, local or county property, as the case may be, to companies with no lucrative purpose, which develop charitable or public utility or public service activities’. The court of law has the duty to delimit the categories of these decisions, according to their legal nature of administrative acts, acts of civil law, commercial law, etc., with the consequence of delimiting the material competence of the administrative legal department in relation to other courts. In order for the decisions adopted to constitute adopted acts/issued as public power, even if censored under the conditions of the administrative legal department, they must aim at the public or public property. However, the prefect’s prerogatives are limited, on the one hand, by the term by which he/she can operate upon certain illegal acts, and on the other hand by the fact that only the current management acts are not subject to control. In the interpretation of the provisions of Article 3 of the Administrative Disputes Law no. 554/2004, with subsequent amendments and completions, correlated with the provisions of Article 19 paragraph (1) letters a) and e) of Law no. 340/2004 regarding the prefect and the institution of the prefect, republished, with subsequent amendments and completions, and Article 123 paragraph (5) of the Constitution, the prefect is recognised the right to challenge before the administrative disputes court the administrative acts issued by local public administration authorities, within the meaning of the provisions of Article 2 paragraph (1) letter c) of the Administrative Disputes Law no. 554/2004, with subsequent amendments and additions.
Some Theoretical and Jurisprudential Aspects Regarding the Procedural Quality of Some Subjects of the Right to Apply to Administrative Dispute Courts in Romania

Some Theoretical and Jurisprudential Aspects Regarding the Procedural Quality of Some Subjects of the Right to Apply to Administrative Dispute Courts in Romania
(Some Theoretical and Jurisprudential Aspects Regarding the Procedural Quality of Some Subjects of the Right to Apply to Administrative Dispute Courts in Romania)

  • Author(s):George-Bogdan Ioniță
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Court case, Administrative Law
  • Page Range:55-65
  • No. of Pages:11
  • Keywords:procedural capacity; conditions for referring to an administrative court; subjects of law; specialized doctrine; relevant case law;
  • Summary/Abstract:This study aims to analyze theoretical and jurisprudential aspects regarding the procedural capacity of some subjects entitled to refer to administrative courts in Romania. In this regard, we first analyzed some general issues regarding procedural capacity from the perspective of the current Civil Procedure Code. Then, we observed the conditions provided by the Law no. 554/2004 on administrative litigation regarding the possibility of referring to the administrative court and finally, we analyzed the subjects of law that have the possibility of referring to the administrative courts. In preparing this study, we used the updated incident legislation in force as well as the works from the specialized doctrine and relevant case law on the matter.
The Influence of the Jurisprudence of the Court of Justice of the European Union on Romanian Administrative Litigation

The Influence of the Jurisprudence of the Court of Justice of the European Union on Romanian Administrative Litigation
(The Influence of the Jurisprudence of the Court of Justice of the European Union on Romanian Administrative Litigation)

  • Author(s):Mihai Ștefănoaia
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Court case, Administrative Law
  • Page Range:67-75
  • No. of Pages:9
  • Keywords:fundamental rights protection; paradigm shift in administrative law; rule of law; legal certainty; national law;
  • Summary/Abstract:The influence of the jurisprudence of the Court of Justice of the European Union (CJEU) on Romanian administrative litigation has intensified following Romania’s integration into the European Union and the assumption of the obligation to apply European law directly and with priority. National courts, including those specialized in administrative litigation, are now required to ensure that administrative acts comply with the rules and principles of EU law, including the interpretations provided by the CJEU. This phenomenon has led to a paradigm shift, in the sense that the legality of an administrative act is no longer assessed solely in relation to national legislation, but also through the lens of European regulations and case law. Landmark decisions of the CJEU — such as those concerning the principle of effective protection of rights conferred by EU law, the proportionality of administrative sanctions, or the guarantee of the right to an effective remedy — have been invoked and applied by Romanian courts. Additionally, the preliminary ruling mechanism has become an essential tool for clarifying the application of European norms in administrative litigation cases. In conclusion, the jurisprudence of the CJEU actively contributes to the harmonization of standards of legality and judicial protection in the relationship between citizens and public administration, strengthening the role of national courts as guardians of European law.
Participation of Temporary Associations in Public Procurement Award Procedures in European and Romanian Law. Implications of the CJEU Judgment of 13.03.2025 Pronounced in Case C-266/22

Participation of Temporary Associations in Public Procurement Award Procedures in European and Romanian Law. Implications of the CJEU Judgment of 13.03.2025 Pronounced in Case C-266/22
(Participation of Temporary Associations in Public Procurement Award Procedures in European and Romanian Law. Implications of the CJEU Judgment of 13.03.2025 Pronounced in Case C-266/22)

  • Author(s):Marlena Boancă-Ivan
  • Language:English
  • Subject(s):Law on Economics, EU-Legislation, Court case, Administrative Law
  • Page Range:76-88
  • No. of Pages:13
  • Keywords:public procurement; public contract; economic operator; temporary association;
  • Summary/Abstract:From a theoretical and applied perspective, it is relevant not only to regulate the issue of the participation of temporary associations in the procedures for awarding public procurement contracts at the legislative level and the evolution of these regulations, but also to reflect and analyze the concept of economic operator, including temporary associations in the case law of the CJEU, as well as in Romanian administrative and judicial practice. We note, by referring to the case law of the CJEU, that the national legislator cannot adopt, in the absence of an authorisation in this regard from the EU, legislative acts by which it excludes temporary associations from participation in the procedures for the award of public procurement contracts carried out on the territory of the respective Member State in the event that one of the members of the association is based in a third country that has not concluded an agreement on free access to the public procurement market with the EU. However, contracting authorities, as they do not infringe the EU's exclusive competence in matters of common commercial policy, could provide for such an exclusion in the tender documentation.
Between National Application and European Harmonization: A Comparative Legal Analysis of the Margin Scheme for Second-Hand Vehicles in Romanian and European Union Law

Between National Application and European Harmonization: A Comparative Legal Analysis of the Margin Scheme for Second-Hand Vehicles in Romanian and European Union Law
(Between National Application and European Harmonization: A Comparative Legal Analysis of the Margin Scheme for Second-Hand Vehicles in Romanian and European Union Law)

  • Author(s):Alina-Emilia Ciortea
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Comparative Law, Administrative Law
  • Page Range:89-105
  • No. of Pages:17
  • Keywords:margin scheme; second-hand cars; European Union; tax; jurisprudence; Directive 2006/112/EC;
  • Summary/Abstract:This comparative study examines the application of the margin scheme in second-hand car transactions, juxtaposing Romanian national implementation against the broader European Union legal framework. Beginning with common factual scenarios involving cross-border vehicle transactions by natural persons, the research systematically analyzes both Romanian legislation and European directives, identifying areas of convergence and divergence. By contrasting interpretations adopted by Romanian fiscal authorities with European Court of Justice jurisprudence, the study reveals significant differences in implementation approaches. The research demonstrates that while European law establishes that the margin scheme application requires only conditions inherently linked to this VAT regime, Romanian administrative practice has sometimes imposed additional requirements not supported by EU precedent. Through logical and comparative methodological approaches, this analysis contributes to understanding how differential interpretations between Romanian and EU frameworks can lead to competitive distortions and potential double taxation in the second-hand vehicle market. The findings highlight the ongoing challenge of harmonizing national fiscal practices with overarching European legal principles in specialized VAT regimes.
Administrative Decision - Administrative Act and/or Voluntary Process. A View of the Acts Issued by the National Energy Regulatory Authority in the Process of Applying Sanctions to the Operator’s Turnover

Administrative Decision - Administrative Act and/or Voluntary Process. A View of the Acts Issued by the National Energy Regulatory Authority in the Process of Applying Sanctions to the Operator’s Turnover
(Administrative Decision - Administrative Act and/or Voluntary Process. A View of the Acts Issued by the National Energy Regulatory Authority in the Process of Applying Sanctions to the Operator’s Turnover)

  • Author(s):Ionela Alina Zorzoană, Mihaela Victorița Cãrãușan
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Law on Economics, Administrative Law
  • Page Range:106-123
  • No. of Pages:18
  • Keywords:decision-making act; consensus; unipersonal; pluripersonal; energy; contravention;
  • Summary/Abstract:The idea of this study arose from an issue that has provoked discussions in the recent practice of the administrative litigation court, but also among practitioners in the field of administrative law. Starting from the definition(s) provided by the Administrative Litigation Law no. 544/2004, but also the current benchmarks contained in the Administrative Code, we will make a comparative analysis of the administrative decision, as an administrative act that emanates from a single-person body (prime minister, head of aspecialized body) or as a volitional act resulting from the decision-making process of public administration authorities/ structures. This general analysis will represent the starting point for the case study we have proposed regarding the acts issued/adopted by ANRE5. In such a context, starting from the provisions of the Energy and Natural Gas Law no. 123/20126 which introduced the procedure for sanctioning contraventions based on the offender's turnover, the issue of the legal nature of the act by which the amount of the fine is individualized (following the conduct of control or investigation actions) was raised. Obviously, this issue arose mainly due to the use of the (unfortunate) name of decision at the level of secondary legislation. And yet, what is the decision? Is it an administrative act, issued by a single-person body or a decision-making process of a collegial, multi-person body? Our analysis will take into account specific legislation, court case law, as well as cases of other authorities to which the legislator has granted the possibility of applying contravention sanctions as a percentage of an operator's turnover. In order to give this study a note of comparative law, we will try to identify similar aspectsor notable differences in the legislation of other European states in which the same sanctioning regime (percentage of the sanctioned operator's turnover) is provided. The study will conclude with a series of conclusions and even possible proposals de lege ferenda.
The Interdependent Relationship Between Administrative Law and Other Legal Fields. Challenges and Legal Solutions in Electronic Invoicing

The Interdependent Relationship Between Administrative Law and Other Legal Fields. Challenges and Legal Solutions in Electronic Invoicing
(The Interdependent Relationship Between Administrative Law and Other Legal Fields. Challenges and Legal Solutions in Electronic Invoicing)

  • Author(s):Marta-Claudia Cliza, Constantin-Claudiu Ulariu
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Comparative Law, Administrative Law
  • Page Range:125-139
  • No. of Pages:15
  • Keywords:challenge; normative reflection; legal resonance; structural relationship; administrative law; legal fields;
  • Summary/Abstract:Administrative law stands as one of the oldest and most established branches of legal science. Over time, it has generated intense and meaningful scholarly and jurisprudential debate regarding its defining elements — discussions aimed at outlining its structural framework, identifying its core legal institutions, and establishing its intrinsic connections with other branches of law. These efforts have also underscored the practical relevance of fundamental legal tools rooted in this essential area of public law. Despite sustained doctrinal and judicial efforts to articulate a coherent and functional system of administrative law, ongoing and relevant legal debates continue to emerge. A particularly dynamic area of discussion centers on the relational configuration of administrative law institutions in conjunction with those from other regulatory domains, which pertain to both public and private law within the Romanian normative and institutional system. At present, an important and unresolved challenge lies in identifying and analyzing the legal and jurisprudential issues that arise from applying administrative law instruments, especially when these instruments significantly impact legal concepts and institutions from other areas of the law. These interactions not only affect public law but also extend into the domain of private law, where administrative measures often intersect with contractual, fiscal, and commercial legal frameworks. This article aims to conduct a thorough and systematic analysis — both inductive and deductive in method — of the legal instruments currently at the center of doctrinal debate. In doing so, it seeks to reflect abroad range of intellectual and normative challenges associated with the implementation of administrative law mechanisms, particularly in relation to other legal institutions in the context of enforcing electronic invoicing within the national economic framework.
AI and Decision Support Systems in Public Administration: Interdisciplinary Insights from Romania

AI and Decision Support Systems in Public Administration: Interdisciplinary Insights from Romania
(AI and Decision Support Systems in Public Administration: Interdisciplinary Insights from Romania)

  • Author(s):Monica-Teodora Scăunașu
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Information Architecture, Public Administration, Public Law, Administrative Law
  • Page Range:140-159
  • No. of Pages:20
  • Keywords:artificial intelligence; public administration; e-government; assisted decision-making; interdisciplinarity;
  • Summary/Abstract:This article aims to explore the intersection of Artificial Intelligence (AI) and Decision Support Systems (DSS) in public administration, and initiate a new interdisciplinary framework for algorithm-driven governance. The integration of legal analysis, digital innovation theory, and empirical evidence in the research investigates how AI enhances decision-making quality, procedural transparency, and institutional responsiveness, especially in local contexts. It draws on the author's initial case study of E-primăria as an experimental site for Romanian municipalities. The article presents a national-scale idea of AI for Public Administration (AI4PA). The proposed system imagines an interoperable, modular system in accordance with European regulatory frameworks (like the AI Act and GDPR) to facilitate explainable, traceable, and lawful digital decisions. The article presents both opportunities and obstacles, and explores algorithmic accountability, citizen-centric design, and cross-sector collaboration. Ultimately, it argues that responsible AI implementation can bridge administrative disparities, especially in under-resourced rural areas, and lay the foundation for a resilient and inclusive digital state.
The Impact of New Technologies on the Administrative Act

The Impact of New Technologies on the Administrative Act
(The Impact of New Technologies on the Administrative Act)

  • Author(s):Elena Emilia Ștefan
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Law and Transitional Justice, Information Architecture, Public Administration, Public Law, Administrative Law
  • Page Range:160-174
  • No. of Pages:15
  • Keywords:administrative act; electronic ID card; digitalization; public administration; data security;
  • Summary/Abstract:Generally speaking, the best-known administrative act issued by public authorities in all countries of the world is the identity card that accompanies the individual for life. The scope of the study is to document the impact of new technologies on the procedure of issuing administrative documents, taking into account the fact that the current global trend in administration is the digitalization of public services and the issuance of documents in electronic format. The reason for this analysis is a news in the media according to which, as of 20 March 2025, electronic ID cards will be issued to individuals in Cluj, as part of a pilot program. The research methodology of the topic is interdisciplinary, combining information from national and EU law, a case study being included at the end of the article. The proposed theme is highly topical, as our country is on the threshold ofan historic moment and a paradigm shift in the field of acts in general, namely the transition from the old to the new, to the tools of the future. The results of the study show that the digitalization of public services has impacted the legal regime of administrative acts. Notwithstanding, there is a need for standardization and for a highly developed legal framework, with a focus on data security, which takes into account the protection of fundamental human rights in the digitalization process.
Digital transformation of public administration. Challenges and perspectives in Romania and Denmark

Digital transformation of public administration. Challenges and perspectives in Romania and Denmark
(Digital transformation of public administration. Challenges and perspectives in Romania and Denmark)

  • Author(s):Andreea Nicoleta Dragomir, Adrian Nicolae Vasiu
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Information Architecture, Public Administration, Public Law, Comparative Law, Administrative Law
  • Page Range:175-197
  • No. of Pages:23
  • Keywords:digitalization; public administration; e-government; European Union; digital transformation; interoperability;
  • Summary/Abstract:The paper analyzes the digitalization process of public administration in the European Union, focusing on a detailed comparison between Romania and Denmark. The main objective is to highlight the best practices, challenges, and key factors in implementing digital governance. The study employs a comparative methodology based onthe analysis of strategic documents, official reports, and quantitative indicators (DESI index, OECD, and Eurostat reports). The results indicate significant differences between the two countries: Denmark has adopted a coherent and integrated strategy, while Romania faces structural issues and fragmented implementation. The study's implications emphasize the necessity of a clear strategic vision, strengthening system interoperability, and investing in the digital skills of citizens and public officials to accelerate the digital transformation of Romanian public administration.
Large-Scale Integration of Technical Systems in Cross-Border Police Cooperation Management: Challenges and Solutions for Public Administration

Large-Scale Integration of Technical Systems in Cross-Border Police Cooperation Management: Challenges and Solutions for Public Administration
(Large-Scale Integration of Technical Systems in Cross-Border Police Cooperation Management: Challenges and Solutions for Public Administration)

  • Author(s):Iulian COMAN
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Criminal Law, Public Administration, Public Law, Administrative Law
  • Page Range:198-208
  • No. of Pages:11
  • Keywords:large-scale technical systems; cross-border police cooperation; public administration; interoperability; European security policies;
  • Summary/Abstract:The study entitled ‘Large-scale integration of technical systems in the management of cross-border police cooperation: challenges and solutions for public administration,’ aims to analyse how the implementation and use of complex technical systems managed by EU-LISA influence the efficiency of police cooperation between states, highlighting the challenges encountered and possible solutions from the perspective of public administration. The objectives of the study include: 1. Assessing the impact of the main large-scale technical systems – the Schengen Information System (SIS), the Entry/Exit System (EES) and the European Travel Information and Authorisation System (ETIAS) – on cross-border police cooperation; 2. Identifying the main administrative and operational challenges in integrating these systems, such as interoperability issues, legislative differences and concerns about personal data protection; 3. Proposing solutions to optimise the use of these technologies in support of international cooperation, taking into account the delays and technical difficulties reported in their implementation. To achieve these objectives, the research uses a mixed methodology based on qualitative analysis of relevant European policy documents and case studies on the implementation of the SIS, EES and ETIAS systems in several EU Member States. Preliminary results indicate that, although the advanced technical systems mentioned have the potential to improve information exchange and operational efficiency, there are significant obstacles related to interoperability, legislative differences and personal data protection. For example, the implementation of the EES has been delayed several times due to technical problems and concerns about border congestion. The implications of the study highlight the need for a coordinated approach at the European level to harmonise legislative frameworks and promote common standards for the effective integration of technical systems in cross-border police cooperation.
At What Cost? Offshoring Implications for Labor and Migration in Morocco and Tunisia, 2010–2024

At What Cost? Offshoring Implications for Labor and Migration in Morocco and Tunisia, 2010–2024
(At What Cost? Offshoring Implications for Labor and Migration in Morocco and Tunisia, 2010–2024)

  • Author(s):Amira Namouchi
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Comparative Law, Administrative Law, Labour and Social Security Law
  • Page Range:209-229
  • No. of Pages:21
  • Keywords:offshoring; employment; migration; policy impact;
  • Summary/Abstract:This paper examines the impact of offshoring in information and communication services on employment and migration in Tunisia and Morocco, two increasingly integrated economies into global production networks. The objective is to assess whether offshoring contributes meaningfully to job creation and influences migration trends in both countries. Using a mixed-methods approach, the study combines empirical analysis of sectoral employment and net migration data with a review of national policies and structural labor market characteristics. The findings reveal that while offshoring has led to some increase in service sector employment, its overall impact on total employment remains limited due to persistent structural constraints and limited integration into knowledge-intensive sectors. Moreover, no significant impact was found on migration rates, due to structural factors such as human development, irregular migration and state policies that actively promote emigration as a means of development. The findings imply that for offshoring to become a more effective lever of development, Tunisia and Morocco must implement policies that foster higher-value employment, invest in skills training, and create more balanced incentives between offshore and onshore investment regimes.
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