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 li...

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, all those...

The general objective of the postdoctoral paper is to develop a multidisciplinary and cross-sectional study to highlight the role of artificial intelligence in the globalization of democracy and the opportunities offered by technological progress related to the legal phenomenon as a matter of fact. At the same time, the study includes an analysis of the risks to which enterprises and public authorities are subjected in the context of using new ...

The right to public or private property, a fundamental civil right, enshrined in the Romanian legal system, enjoys a specific means of defense, through the action for recovery of property. This is a legal action by which the plaintiff, who claims to be the owner of a particular individual good in respect of whom he lost possession, seeks an obligation on the defendant, who holds the claimed good, to recognize his right to property and to retu...

Although not performed according to special rigorous rules, the evaluation of the employee during the trial period is essentially an assessment of professional suitability, in relation to the profile of the ideal candidate established for the position, the main purpose of the evaluation being to determine whether he has the knowledge, skills and behaviours desired by the organization. A simplified evaluation of the employee’s activity tak...

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 FinTec...

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, the compl...

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 refere...

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 Human Ri...