The article analyzes the concepts of separate opinion and concurring opinion as an expression of the constitutional and legal principle of the independence of judges, the difference between them, their legislative enshrinement and their importance for the decisions of the Constitutional Court. According to the author, the separate and concurring opinions have a constitutional legitimacy and, therefore, they cannot be censored by the majority ...

The article provides arguments in favour of the public nature of job descriptions within public institutions and authorities (as documents concerning or resulting from their activities), from which any confidential, classified or personal data have been retrieved. They constitute information of public interest, accessible to citizens in accordance with Law no. 544/2001. According to the author, this view is also part of the National Anti...

The article analyzes the application of art. 26(4) of the Government Ordinance no. 137/2000, text considered unclear and unconstitutional, from the interpretation of which one cannot infer the beginning and end of the prescription period for the application of the contraventional fine sanction by the National Council for Combating Discrimination. According to the author, previously, the analyzed ordinance text was clear and did not aff...

The right to petition falls within the category of the essential-democratic constitutional means of civic engagement or defence of the legal rights and interests of the person governed – the citizen. The author analyzes how to decide on a petition, noting that more than three decades after the Revolution, there are still difficulties in this field.

The article analyzes the proposal to revise Law no. 101/2016 on remedies and appeals regarding the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints. This proposal aimed at correlating Law no. 101/2016, in the sense of the provision that the President of the Council is appointed and dismissed by Parl...

The article deals with the issue of the date from which the term for contesting the acts of evaluation of tenders in case of posting these acts in the Electronic Public Procurement System starts. It also presents the opinions expressed in the doctrine on this subject, the orientations of national case law, of the Court of Justice of the European Union and of the Constitutional Court, as well as the arguments underlying possible solutions. ...

The article analyzes critically the decision rendered by the Panel ruling on points of law of the High Court of Cassation and Justice no. 66/2018 according to which the contracting authority invested with the re-evaluation of tenders following the legality control exercised by the National Council for Solving Complaints and/or the court has the possibility of checking all the technical elements and the financial aspects of the offer capable of ...

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. ...