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 present article aims to analyze the possibility for the courts to order that the parental authority be exercised by a single parent for a limited period of time or that certain attributes of the parental authority be entrusted exclusively to a parent. The article also includes a proposal of law author’s ferenda, regarding the need to expressly mention in the Civil Code the fact that, in certain situations, certain limitations of the...

In this study, the authors intend to analyze a new institution of Romanian criminal law, namely the waiver of penalty. They also examine various situations that have occurred in practice regarding the application of other criminal law institutions when ordering solutions to waive the penalty, various legislative inconsistencies that make it difficult to apply important legal provisions. Last but not least, we will propose de lege ferenda solut...

The article analyzes the impact of the Decree of the President of Romania no. 195/2020 on civil proceedings, aspects enshrined in art. 41-42, and art. 44 respectively, of Annex 1. The analysis of these “legislative novelties” in the Romanian procedural landscape aims at identifying and proposing solutions that may lead in the near future to a consistent practice, while ensuring, even during this difficult period, a predictable civil trial....

Data protection (Art. 8), the right to life (Art. 2), the right to privacy (Art. 8) and the protection of health (Art. 35) are fundamental rights protected by the Charter of Fundamental Rights of the European Union (CDFUE) as well, and by similar or even identical provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The General Data Protection Regulation (GDPR) primarily protects personal data, emph...

The article analyzes the provisions of Order no. 74534/2020 of the action commander and head of the Department for Emergency Situations which established some measures on the secondment/ delegation of the medical and auxiliary staff during the state of emergency, by reference to the provisions on delegation and secondment in the Labour Code. ...

The exponential growth in recent years of marriages or de facto unions between citizens from different countries or citizens having their regular residence in countries other than their country of origin, has inevitably led to a significant increase in trials concerning juvenile and family matters, characterized by the presence of one or more foreign elements. In this context, the national judicial authorities often face complex situations inv...

Expropriation actually appeared in the case law of the European Court of Human Rights and at the same time in the case law of national courts. Considering that this institution, quite common in the practice of courts, does not enjoy a regulatory framework, intervening when the holder of the private property right is deprived of the exercise of the prerogatives of his right, the award of damages by the courts was seen as having no legal basis. I...

The purpose of the study is the logical-legal analysis of the provisions of art. 29 of Law no. 272/2004 and art. 264 C. civ. Devoted to the child’s freedom to express his opinion in relation to any matter concerning him, respectively to his right to be heard in any administrative or judicial procedure that also concerns him. The analysis is, above all, critical, both in terms of the disregard of the principle of the supremacy of t...

In our study we endeavour to analyse the semantic content of the authority of res judicata through the prism of its positive effect. We present the initial concept of the legislator, which imposed the existence of a triple identity of parties, object and cause of the litigation in order to benefit from the presumption of truth associated with res judicata. We show that this concept later underwent multiple metamorphoses first by the differenti...