Globally, FinTech has become a major issue in the face of which states have begun to better reflect their interests. To date, several states have signed dozens of FinTech Cooperation Agreements (CAs), which aim to promote closer cooperation in the field of FinTech but also to promote innovation in financial services. States interested in evolving in this area are focused on deepening bilateral and multilateral cooperation in the field of...

The article aims to analyze the concept of “digital rights” and, in a comprehensive way, the current state of regulation on this topic, so that in the end we can appreciate the importance of digital rights regulation in the European Union and then their implementation at Member State level, taking into account existing good practice. The article focuses on the European Commission’s Declaration on Digital Rights and Principles for the Di...

The most striking expression of the social fact is the social norm. Man’s social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement ea...

The major judgments of the CJEU are, for the most part, judgments given following a preliminary ruling of a court of a Member State of the European Union. Each year, the Court of Justice issues approximately 400 preliminary rulings. The preliminary ruling mechanism is the instrument of cooperation between the courts of the twenty-seven EU Member States and the Court of Justice. It is based on a dialogue between the judges of EU law, who...

Survenită în atmosfera tensionată generată pe fundalul unor atitudini contradictorii în dialogul jurisdicţiilor, prevestitoare, după unii, de criză profundă în sfera “statului de drept” la nivel unional-european, aniversarea a trei decenii de la constituirea şi de funcţionarea Curţii Constituţionale a României (CCR) (1992-2022) reprezintă prilejul, deopotrivă, al unui bilanţ al evoluţiilor de până acum, de reflecţie asupra rolului său în garantarea ordinii legale şi a mijloacelor cuvenite de asigurare a îndeplinirii lui şi, nu în ultimul rând, de prezenţă în proiectul privind evoluţia ...

The article discusses the special case of a possible incompatibility of the judge in litigations where one of the parties is represented by the lawyer who represents the judge himself/herself in other cases. After analyzing the specific regulations as well as the national and European case law, the author considers that the representation of the judge in other cases by the lawyer of either party is not likely, by itself, to ...

If until the adoption of the 1991 Constitution there were several normative acts in force that prevented free access to justice, the entry into force of a new fundamental law led to their repeal, the national legislator sometimes intervening in the absence of an impact study, only in consideration of the need to respect the principles guaranteed at the constitutional level. At this stage of development of national legislation, al...

The public procurement complaint involves a financial effort for the person resorting to this administrative-jurisdictional procedural institution, the admissibility of the complaint being conditioned, first of all, by the proof of a guarantee whose amount is customized by the estimated value of the contract subject to the award procedure. In the absence of proof of the guarantee, within the term imposed by the delegated legislator, th...

The 21 October 2021 ruling of the Court of Justice of the European Union in case ZX (C-282/20) has generated a series of debates on the concrete way in which the Romanian courts must proceed in order to comply with the rulings of the European court. In this article, we will give an overview of what the Court of Justice of the European Union has ruled on, with an emphasis on the important issues for our arguments (A), with further...

Without being ignored in any way by the national legislator, the situation of the minor victim has been substantially improved in terms of the procedural rights regulated in the new criminal procedural legislation. Although there were specific provisions for the protection of this vulnerable category of persons in the previous regulation, the new legislation also took into account the established jurisprudence of the European Court of H...