The article analyzes the manner of application in administrative-jurisdictional disputes brought before the National Council for Solving Complaints, of art. 454 of the Civil Procedure Code, which orders the defendant’s exemption from payment if he admitted, at the first hearing to which the parties were legally summoned, the claimant’s demands, an exemption which does not apply if, prior to the beginning of the trial, the defendant ...

The article discusses the issue of court costs in administrative law disputes regarding the awarding of public procurement contracts, highlighting the fact that the contracting authorities have at hand not only the right, but also the obligation to recover, from the opposing party that loses totally or partially in the trial, the expenses incurred during the proceedings, both before the Council and before the courts. The author’s s...

The study analyzes the notions of separate opinion and concurring opinion and how the current legislation regulates them. The author proposes, de lege ferenda, the express recognition of the opinions that the judge adds to the decision in order to dissociate himself/herself from certain inappropriate expressions to which the majority resorted. ...

The article discusses the special case of a possible incompatibility of the judge in litigations where one of the parties is represented by the lawyer who represents the judge himself/herself in other cases. After analyzing the specific regulations as well as the national and European case law, the author considers that the representation of the judge in other cases by the lawyer of either party is not likely, by itself, to reasona...

The public procurement complaint involves a financial effort for the person resorting to this administrative-jurisdictional procedural institution, the admissibility of the complaint being conditioned, first of all, by the proof of a guarantee whose amount is customized by the estimated value of the contract subject to the award procedure. In the absence of proof of the guarantee, within the term imposed by the delegated legislator, the compl...

In the system of continental law, the ordinary case law does not constitute a source of law, so that the meaning of a rule can be clarified in this way, because in such a case the judge would become a legislator, according to the constitutional dispute court. The complexity of certain cases can sometimes lead to different applications of the law in the practice of the courts. The article draws attention to the intolerable degree of entropy of ...

The article debates the issue of the admissibility as evidence, in labour disputes, of clandestine audio or video recordings, without the aggressor’s consent, made by the victim of the intrusive and/or abusive conduct, as a form of harassment. In practice, the difficulty is given by the doubt of the courts regarding the admissibility of such recordings, obviously not wanted and not authorized by the aggressor, coming from the circumstan...

The article discusses the possibility for the third party to recover his own legal costs from the losing party, in the case of admissible accessory requests for voluntary intervention. The author notes that in practice this problem has been solved differently, a reason for which he argues in favour of the need to bring an appeal in the interest of the law to the High Court of Cassation and Justice, in order to ensure the correct and consistent...

The issuance of administrative acts aimed at reducing salaries for past periods is based on the breach of the obligation of good administration and the principles of protection of legitimate expectations, legal certainty, non-retroactivity and recognition of acquired rights, as well as excess of power, all corroborated with error communis facit ius. The retroactive application of such administrative acts means, in our view, an intolerable anom...

This study reveals and submits to the debate of specialists a potential conflict situation generated by the current formulation of art. 480(3) the final thesis and art. 501(1) of the Civil Procedure Code, which relates the retrial court to the application of the legal solutions issued by the control court, without excluding that this application may lead to the disregard of the European Convention for the Protection of Human Rights and Fundam...