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. ...

This study aims, on the one hand, to give an overview of the rules of the Proposal for a Directive of the European Parliament and of the Council on common minimum standards of civil procedure in the European Union, and, on the other hand, to make a comparison of these rules with the internal ones. The observance of the right to an effective remedy and to a fair trial, are desiderata that can be achieved by “setting minimum standards for the in...

The relations between the producer and the consumer regarding the sale of consumer products may lead to disputes that can be settled by the parties amicably, extrajudicially, or, if this is not possible, by the first instance courts or arbitral courts, which means the observance of each party’s rights and obligations, in accordance with the legal provisions. We consider it useful to analyze in this study the possible types of civil litigation t...

Work relationships are ubiquitous in the lives of any of us, especially since these relations actually cover any kind of relationship with a worker and even a service provider. Human resources departments are the most affected, actually or only potentially, by the General Data Protection Regulation („GDPR”). From modification of the job description to cases related to GDPR many issues relate to human resources management. Data processing can b...

Since the entry into force of the General Data Protection Regulation (GDPR), on May 25, 2016, but especially after its implementation, starting of May 25, 2018, the doctrine and practitioners have signalled the particularly severe sanctioning regime on which the European law act instituted it for non-compliance with data protection provisions. Although in its public communications the national supervisory authority in Romania urged caution and ...

The present study analyses a controversial jurisprudential matter: the sanction applicable to the evidence obtained form the technical surveillance executed with the participation of some specialized agencies, before the execution of the technical surveillance by those agencies was forbidden following the decision of the Constitutional Court no. 51 from 16 February 2016. It synthesizes from the jurisprudence an alternative conceptual model of ...

The application, for almost a year, of Regulation (EU) 2016/679, the General Regulation on data protection or the GDPR, led to the highlighting of the particularities that the European legislator drew up, and the national emphasized them, for the different entities investigated, controllers or processors. We underline, within the article, the way of regulating, in national law, the procedure for carrying out investigations by the national sup...

Still questionable in terms of its legal nature (a legal act or a legal deed) and in the absence of relevant case-law on this matter, the engagement is seen nowadays as a social, moral and cultural relationship, with possible material legal consequences in the event of its unilateral termination. The exercise of the right to unilateral termination of the engagement for the purpose of causing excessive or unreasonable harm or damage, co...

This article gives a brief presentation of the obligations established for the companies with legal personality and for natural persons through the new law adopted in the field of preventing and combating money laundering and terrorist financing. By adopting this normative act Romania has harmonized its national legislation with that of the European Union in the field of combating money laundering and terrorist financing. The analysis c...

The regulation in the Civil Procedure Code regarding the solution that the court can pronounce in case of review for contrary decisions was modified by Law no. 310/2018 in order to harmonize it with art. 509(1)(8) of the Civil Procedure Code which refers to res judicata, without distinguishing between its negative and its positive effect. ...