Virtual courts or the robot judge are topics that have been discussed quite often recently. For some, a virtual court is a utopia, for others, this phenomenon is a reality which we aspire to achieve. This article does not aim to support one or the other opinion, but it is rather focused on presenting the experiences and best practices of digitization accumulated so far, offering readers the opportunity to analyze and evaluate potential ...

This article examines the concept of privilege introduced in the Insolvency Law through legislative changes brought about by Law No. 216/2022 in the context of implementing Directive (EU) 2019/1023 of the European Parliament and the Council of 20 June 2019 on preventive restructuring frameworks and its relevant impact on new financiers and intermediaries in restructuring and preventive composition proceedings. Among other things, ...

Law no. 58/2023 establishes the legal and institutional framework regarding the organization and development of activities in the fields of cyber security and defense, the cooperation mechanisms and the responsibilities of the institutions with attributions in the mentioned fields. From the statement of reasons for this law, we note that it was adopted considering that cyber attacks and threats can completely paralyze public institutio...

The national legislation in the field of family relations with cross-border implications faces a notable complexity when it comes to complying with European standards. The effectiveness of such harmonization is limited by cultural and national specifics, with deep roots in secular traditions, which brings to the fore a context reluctant to transformation. Consequently, the personal relations between spouses have not yet reached a perfect...

Despite the improvement of forensic investigations, numerous deficiencies regarding the completion of criminal trials are maintained, which were also referred to in the Statement of Reasons in the current Code of Criminal Procedure, in which there were complaints raised about the lack of speed of criminal trials, significant social, financial and human costs, overloading of prosecutor’s offices and courts, excessive duration of procedu...

The article pleads for compliance with the principle of legality, given that the law has a certain degree of relativity, determined by its very interpretable character. Noticing this vulnerability of the law, the courts in particular experience the subtle border between interpretation and legal creation, almost assuming the role of legislative authority. Often, ignoring the first side of the principle of legality – compliance exactly w...

The adoption within the Council of Europe of Protocol 16 to the European Convention on Human Rights allows some national courts to obtain advisory opinions on the interpretation of the Convention. This study aims to contribute to a proper understanding of this jurisdictional mechanism by using a method of comparing opinions with preliminary references before the CJEU. 

Our space has been invaded by the joy and fears associated with the discoveries made in the field of new technologies. History confirms that technological progress has led to the prosperity of the human species and the spiritual evolution of individuals. If regarding the invention of the steam engine and the radio, humanity had the necessary time t o slowly assimilate the new discoveries, in case of Internetand artificial intelli...

The Romanian legislator regulated the intervention of the state courts in the arbitration in order to remove the obstacles encountered in the organization or conduct of the arbitration or in order to fulfill other duties of the court in the arbitration. The article makes a thorough investigation of the intervention of state courts in arbitration, regulated by Art. 547 Romanian Civil Procedure Code and begins with a brief presentat...

The study resumes a previously approached topic, including in the pages of the journal Pandectele Române, that relating to the interpretation of art. 48(1) of the Constitution. With Decision no. 580/2016 and no. 539/2018, the Constitutional Court made a restrictive interpretation of the text, in the sense that it only considers marriage between a man and a woman. The interpretation of the Constitutional Court formalizes a doctrinal thes...