The importance of the financial resources available to the European Union and the high level of damage caused by the defective manage of Community resources, has led to the establishment of administrative and judicial measures for the protection of European funds. In this regard, on 26 June 1995 was adopted the Convention on the Protection of the Financial Interests of the European Union, through which minimum rules have been set for def...

One of the pieces of novelty of utmost interest introduced by the New Civil Code is regulation of the right to unilateral rescission at art. 1.552, drawing up on the legislation of other countries which are particularly sensitive to trade interests, and thought differently of the role of the specialized judge. Under such law systems, the creditor may decide to unilaterally break the contractual bond in case of a default. When the debto...

The witness’s right to silence is a new institution in the Code of Criminal Procedure, which refers to his right not to incriminate himself, when he has become suspect or defendant. However, the text of the law on the silence of the witness will have to be supplemented with new provisions meant to ensure the observance of the most important guarantees of a fair trial when the witness, through his statement, may accuse himself.

The opinions presented in the article were the point of view of the authors submitted to the High Court of Cassation and Justice on the legal issue regarding the interpretation and application of art. 226 of Law no. 71/2011, as relating to art. 95(2) of the Civil Procedure Code on establishing the procedural material jurisdiction of the specialized tribunals (Argeş, Cluj, Mureş) in deciding on appeals in the enforcement procedure, namely: oppos...

The Regulation no. 679/2016/EU stipulates the obligation for controller to respect the transparency principle in private data processing. In this material we explore not only the limits and practical consequences of the fore mentioned but also the relationship with the other principles.

This study has as a starting point an erroneous solution repeatedly encountered in the judicial practice, in relation to the same enforcement file, a solution materialized in unlawful declines of territorial jurisdiction toward a court other than the one within the territorial jurisdiction of which the debtor is domiciled at the time of the enforcement request, a court that granted enforcement, while ignoring the rules of territorial jurisdict...

This paper aims at making an x-ray of the considerations leading to the rejection of applications seeking the suspension of the certificates of incumbency issued by contracting authorities under the legal provisions regulating the public procurement procedure, while paying particular attention to the way in which this practice may undermine the effectiveness of the right of access to justice, so that it becomes incompatible with the requiremen...

A lawful and solid judgment can only be discussed again in the event of a reality that is relevant to the situation at issue on the occasion of the primary judgment. With a view to eliminating the effects of judicial errors by abolishing a final judgment, the review is likely to bring serious prejudice to the power of res judicata; major social interests would require that the administration of justice should be done only with respect for the ...

The jurisprudence has difficulties in placing in one of the categories of the natural or legal unity of crime the offence perpetraded by a person who uses forged documents concerning the number of qualifying years in order to obtain a state pension and then regularly receives the pension. The article places the recent jurisprudential controversies in the context of the traditional romanian jurisprudence and of new phenomena in the criminal la...

Good faith is the fundamental value on which the trust-based relation, essential for keeping a fair and balanced social environment, is built. The calls of good faith regard both parties of the consume relation. The duty to inform sets up the standards for both seller/supplier’s and consumer’s good faith, showing the extent to which the seller or supplier’s good faith reflects the consumer’s good faith. Consumer protection must ...