„Prăjiturele” periculoase. Unele observaţii privind cauza Planet49
Numărul 6 Anul 2021
In a judgment of 1 October 2019, Planet49 (C-673/17), the Grand Chamber of the Court held that consent to the storage of or access to information in the form of cookies installed on a website user’s terminal equipment is not validly constituted if given by way of a pre-checked checkbox, irrespective of whether or not the information in question is personal data. Furthermore, the Court made clear that the information that the service provider m...
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(Im)predictibilitatea procesului educaţional în context pandemic
Numărul 6 Anul 2021
In the context of the increasingly complicated health crisis that we are facing, the multiple normative acts that regulate – often without prior notice – parts of the educational process, introduce additional access procedures or their conditioning, aimed at protecting personal data. The study analyzes the causes of the unpredictability of these rules, and the effects they can have on the educational process, but also on data security. Finally,...
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Scurte consideraţii cu privire la Principiile de la Bangalore în raport de valoarea adevărului și conceptul art. 22 C. pr. civ.
Numărul 6 Anul 2021
This study aims to provide an original explanation of the principle of truth finding regulated by art. 22 of the Civil Procedure Code and in the light of the Bangalore Principles, from a multidisciplinary perspective: procedural law, legal logic, philosophy and, at the same time, it approaches the aesthetics of judicial creation, through the touches that explain the methodology of the judge’s art to perform the jurisdictional act, i...
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Metaversul, între Privacy by design și riscuri infinite
Numărul 6 Anul 2021
Introduced as the successor of the mobile internet, the metaverse is aiming to be the global network of interconnected devices, characterized by advanced permeability of the delimitation between physical and digital realities (people, spaces and things in physical reality are recreated in digital realities), able to offer immersive and vivid experiences, based on connectivity and interoperability, technically made through computers, smartphon...
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Ignorarea precedentului judiciar – încălcare a dreptului la un proces echitabil și motiv de sesizare a Curţii Europene a Drepturilor Omului?
Numărul 6 Anul 2021
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 ...
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Repere privind regimul internaţional de control al armelor nucleare în actuala cursă a înarmărilor
Numărul 6 Anul 2021
The international arms control regime has reached a stalemate with the withdrawal of the United States from a series of international treaties and the launch of new military defense and consolidation objectives in pursuit of absolute strategic and technological superiority. This article analyzes the international arms control regime in terms of its strengths and weaknesses, and seeks to situate the positions of the nuclear-power states in the...
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Protecția consimțământului consumatorului prin intermediul dreptului de denunțare unilaterală a contractului
Numărul 5 Anul 2021
The right of withdrawal in consumer law is seen as a technique by which the legislature compensates the unequal balance of power at the time of concluding the contract by giving the consumer the opportunity to quietly examine the consequences of his purchase, to get information about the price of equivalent products or to consult with his family or his entourage, thus allowing the consolidation of consent. In point of legal nature, the right o...
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Înregistrarea clandestină – mijloc procesual de probă admisibil? Incursiune doctrinară și jurisprudențială, cu specială privire asupra litigiilor de muncă
Numărul 5 Anul 2021
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...
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Opinii cu privire la autonomia de voință în materie contractuală în dreptul internațional privat român
Numărul 5 Anul 2021
In accordance with its name, but without being exhaustive, in the proposed study we present various opinions on the autonomy of will in contractual matters in substantial Romanian private and international law, as well as some references to this legal institution in European Union law. Without proposing a critical analysis, where appropriate, we expressed our own views and pointed out various inadvertences or normative or even doctrinal incon...
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Datele personale ale copiilor, autoritatea părintească și rețelele de socializare
Numărul 5 Anul 2021
Children are one of the most vulnerable categories of people in relation to social networks. The images – or other personal data of the children – distributed on these networks by one of the parents, but without the consent of the other, can generate a conflict regarding the way of exercising the parental authority. On the contrary, when the publication of images or videos is done by another family member or by any other third pa...
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