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            <title><![CDATA[Balancing Interests in Trade Secrets Protection under EU Law: A Human Rights and Freedoms Perspective]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.05</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article examines the challenges in balancing employers’ and employees’ conflicting interests regarding trade secrets protection under EU Directive 2016/943. It analyses provisions of the Directive that may be relevant for such a balancing exercise and highlights the challenges associated with their application, particularly the problem of subjectivity. The study identifies key human rights and freedoms relevant in this context, including the right to privacy, freedom to conduct a business and freedom to choose an occupation. It explores EU Member States’ obligations to consider these rights when protecting trade secrets. The article proposes using a perspective on human rights and freedoms to facilitate the balancing exercise. To minimize subjectivity, it suggests the application of a structured balancing test for human rights conflicts as proposed by Smet. The article argues that this approach could support a judicious balance between employees’ and employers’ competing interests in cases of trade secrets protection.]]></description>
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            <title><![CDATA[Artificial Intelligence as a Challenge for Human Rights, Labour Law and Antitrust Regulations]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.01</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article examines challenges that artificial intelligence poses to the protection of human rights, including fundamental rights such as privacy, data protection, the right to work, and the prohibition of discrimination. Among the multiple regulatory dimensions affected by AI, three – the protection of fundamental rights, labour law and antitrust law – have been chosen for closer analysis as the areas in which the recently adopted EU regulatory framework (in particular the AI Act and the Platform Work Directive) produces the most immediate and tangible legal consequences. The study highlights the ethical and legal concerns associated with the rapid development and deployment of AI systems, particularly in contexts that affect individuals’ lives and freedoms. Special attention is given to the application of AI in the workplace, where automation and algorithmic decision-making may lead to new forms of inequality, job displacement and biased recruitment or performance evaluation processes. The paper explores the intersection between AI and antitrust law, analysing whether AI can be used to facilitate anti-competitive practices. It considers to what extent algorithm-driven pricing mechanisms act autonomously, and to what degree they may be intentionally influenced or optimized to benefit corporate interests. The article concludes by emphasizing the need for a balanced regulatory approach that promotes innovation while ensuring ethical standards, transparency and accountability.]]></description>
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            <title><![CDATA[Post-Employment Non-Competition: The Content of Agreements and the Interpretation of Fairness in the Practice of Latvian Courts]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.10</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article analyses restrictions on competition after the termination of employment in Latvia, focusing on both the regulatory framework and case law. It examines the purpose of restrictions on competition and the conditions for their validity and includes an in-depth analysis of the concept of fair compensation in modern labour law. For comparative context, the regulations of other European countries on these issues are also outlined. Due to the limited scope of the publication, issues such as the possibility of unilateral withdrawal from a non-competition agreement and legal remedies in cases where one of the parties fails to comply with the terms of an agreement are not addressed.]]></description>
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        <item>
            <title><![CDATA[Competition and Wage Regulation in the EU]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.02</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The following article analyses the complex relationship between competition and wage regulation within the European framework, examining how the CJEU, the European Council and the European Parliament have intervened in the field of pay. Taking into consideration the lack of EU competence on wage matters, as established by Article 153, para. 5, TFEU, it is possible to identify significant changes, especially with the 2022 Directive on Adequate Minimum Wages. The article examines both how the European Commission has addressed issues related to pay during economic crises and CJEU judgments such as RegioPost and Bundesdruckerei, illustrating how wages are seen as a competitive element in public procurement or, as in the Werhof and Alemo-Herron cases, how competition rules often prevail over wage protection. For these reasons, the Directive on minimum wages aims to solve the problematic balance between competition and social security. To achieve this goal, it is necessary to ensure the concrete, practical implementation of the Directive or a reform of the Treaty or the Charter of Fundamental Rights to recognise the right to a fair wage.]]></description>
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        <item>
            <title><![CDATA[Competition and Self-Employed Workers in Europe: Some Critical Reflections]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.03</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article examines the complex relationship between European competition law and the collective rights of self-employed workers. It focuses on the implications of the FNV Kunsten case (C-413/13), which established the limits of applying Article 101 TFEU to collective agreements involving self-employed workers, distinguishing between genuine and bogus self-employment. The author critically analyses the European Commission’s 2022 Guidelines on collective bargaining for self-employed persons, assessing their effectiveness in extending protection to economically dependent or vulnerable self-employed individuals. The paper argues that, despite progress, significant gaps remain for certain categories of self-employed workers, who still risk exclusion from collective bargaining rights under EU competition law.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[The Renaissance of the Right to Strike in the United States Inside and Outside of Traditional Labour Law]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.07</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The epithets on the grave of the American labour movement have long been written. Yet hope springs eternal. Recent developments, such as the Covid pandemic and the role of artificial intelligence in disrupting traditional work models, have prompted suggestions that labour unions may yet become reinvigorated and have a role in safeguarding worker rights in the face of these changes. This article examines these prospects, particularly through the lens of the strike and other forms of collective action. While traditional union activity – notwithstanding raised hopes – remains hamstrung by regressive US labour law and low prospects for legislative change, collective action in the wider sense does have potential to boost worker rights. Such action includes both lawful and unlawful strikes and protests in key sectors, by union and non-union employees, and even non-employees, such as independent contractors. The subject of these actions may even go beyond traditional employment concerns and include human rights. Potential obstacles under traditional labour law and antitrust law are not insurmountable.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[No-Poach Agreements and Wage-Fixing Practices: When Labour Market Collusion Becomes an Antitrust Issue]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.04</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article analyses the growing role of labour markets in competition policy, arguing that collusion between employers – particularly no-poach agreements and wage-fixing practices – should be assessed with the same severity as classic cartels. Using a doctrinal and comparative approach, it presents the legal frameworks and enforcement trends in the United States, the European Union, and Poland. The text conceptualizes hiring as a market transaction in which employers act as buyers of labour and employees as its suppliers, and shows how no-poach and wage-fixing agreements distort mobility, reduce wages, and weaken workers’ bargaining power. It then discusses the convergences and divergences across jurisdictions: US authorities increasingly pursue criminal proceedings against ‘naked’ restraints; EU policy and case law tend to classify wage-fixing and many no-poach agreements as restrictions ‘by object’ (Article 101 TFEU); Polish practice adopts an effects-based approach. The article also addresses the issue of so-called ancillary restraints in the context of collaborations (e.g. franchising, joint ventures) and indicates when – if at all – recruitment bans may be considered objectively necessary and proportionate.]]></description>
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            <title><![CDATA[The Pan-European Lifeline of a Labour Non-Compete Clause. Protecting Competition in Labour Markets through a Human Rights Narrative: The Example of Serbia]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.09</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article sets out to present the constituent elements of a labour law-specific non-compete clause through the example of legislative solutions from several EU jurisdictions and by considering the popularity of an extreme pole of thought that has emerged as a result of tendencies to restrict the enforceability of labour non-competes. The authors focus on the EU concept of the non-compete clause, providing an overview of legislative solutions in EU Member States, and by drawing on insights from competition law, they suggest that through the implementation of the requirement of the employer’s legitimate interest, competition in the labour market is indirectly protected through a human rights narrative and framework. The authors present examples from case law, illustrating solutions that apply strict EU conditions and that also employ a proportionality-based analysis. They argue for preserving the enforcement of non-compete clauses under EU-style conditions, which include a rights-based proportionality assessment; a good model solution for a non-compete clause must be based on the principle of legal certainty (attained by explicit normative codification of clearly defined constituent elements), applied in a manner that includes a proportionality-based analysis, on a case-by-case basis. The paper also provides insight into Serbian jurisprudence and regulation on this subject, and formulates suggestions for alignment with current tendencies.]]></description>
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        <item>
            <title><![CDATA[The Employment Status of a Person Performing Work through a Digital Platform]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.06</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Performing work through a digital platform is most often done on the basis of self-employment or a civil law contract. Doubts arise when there are elements characteristic of an employment relationship in work through a digital platform. Directive (EU) 2024/2831 introduces a mechanism for presuming an employment relationship on the basis of facts related to the actual performance of work, including how the work is performed and the degree of control and management exercised by the digital platform. The classification of the legal relationship does not depend on the name of the contract concluded between the parties but on the actual performance of the work. The platform has the right to challenge the legal presumption and show that the work is not related to an employment relationship.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[Artificial Intelligence in Labour Relations: Is Ukrainian Labour Law Ready for European Standards?]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.03.08</link>
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            <pubDate>Wed, 16 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article aims to carry out a comparative analysis of the regulation of AI use in labour relations in Ukraine and the EU, with a view to identifying common trends and differences and formulating recommendations for enhancing Ukrainian legislation in the context of digitalization. The study uses methods of comparative analysis and formal legal and functional approaches. It analyses the main aspects of AI application in labour relations, in particular in recruitment, personnel management, management decision-making, and the protection of employees’ personal data. The authors examine the main international and EU regulations (GDPR and AI Act) that set requirements for processing the personal information of employees using AI. Thus it is determined that Ukraine does not have a specialized legal framework for regulating such processes, while the EU is developing relevant standards which guarantee the transparency of algorithms, the protection of employees’ rights, and the ethical use of digital technologies. Consequently, the authors suggest a conceptual model of the regulation of AI application in the labour sphere, which covers the basic principles, stages of interaction, risk classification, subject– object relations, and institutional control mechanisms. The presented model may serve as a basis for developing a Ukrainian law on AI use in labour relations.]]></description>
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        <item>
            <title><![CDATA[Żądanie zmiany oznaczenia płci w kontekście tożsamości człowieka i jego „ja genetycznego”]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.05</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The 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 certificate 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). There are numerous legal provisions in the Polish legal system that confirm 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 different perspective on the issue can be attempted.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[O humanizację i racjonalizację prawnej procedury określenia płci – przyczynek do dyskusji]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.01</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[Płeć a tożsamość płciowa pracownika – rozważania na tle zakazu dyskryminacji w zatrudnieniu]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.13</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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. The 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. Th e 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. The discussion is conducted using a dogmatic-legal approach, emphasizing the importance of systemic and functional interpretation in resolving conflicts between the norm and the practice of the contemporary labour market and employment. The conclusions are de lege ferenda postulates and a starting point for further discussion on the significance of an employee’s gender identity as a prohibited criterion for employment discrimination.]]></description>
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        <item>
            <title><![CDATA[Wykonywanie kary pozbawienia wolności wobec osób transpłciowych w Polsce]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.14</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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. The 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.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Participation of the Public Prosecutor in Cases of Judicial Matter of Gender Change]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.09</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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 file lawsuits only in cases specified 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 differently. 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 rectification of the civil status record. However, this does not affect 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.]]></description>
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        <item>
            <title><![CDATA[Wybrane aspekty prawne transseksualizmu w Hiszpanii]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.12</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The issue of gender reassignment has been the subject of increasingly intense public debate for some time now. Different 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 first practical controversies related to their everyday application. The aim is to outline the gender reassignment procedure in Spain. The 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.]]></description>
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        <item>
            <title><![CDATA[Zmiany administracyjnoprawnego statusu jednostki w związku z tranzycją płci]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.06</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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. The 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. Th e 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 dignified legal recognition of gender identity.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[The Impact of Tax Policies on Gender Equality: The Italian Experience]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.11</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Although tax policies are often 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 differences between individuals of different 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.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[Sądowa zmiana płci osoby pozostającej w związku małżeńskim]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.07</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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 trans-sexual 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 difficult 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.]]></description>
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            <title><![CDATA[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?]]></title>
            <link>https://reference-global.com/article/10.15290/bsp.2026.31.02.03</link>
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            <pubDate>Fri, 26 Jun 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[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. Th e 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.]]></description>
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