Articole din categoria: Anul 2025

Inteligenţa Artificială ca Serviciu Public: competenţa instanţelor de contencios administrativ în protejarea drepturilor fundamentale
Numărul 2 Anul 2025
This article seeks to demonstrate why the development, deployment, and professional use of AI high risk systems should be encompassed within the concept of  “public service.” It further argues that private entities offering such services should be classified as assimilated public authorities, akin to companies delivering other essential public interest services such as gas, electricity, and water supply. Lastly, the article advocates for the ne...
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Conceptul de «Lege» din cuprinsul art. 53 din Constituţia României
Numărul 2 Anul 2025
The concept of „law” in art. 53 of the Romanian Constitution is susceptible to several interpretations. The normative acts adopted by the Parliament as the sole legislative authority of the country represent laws stricto sensu, respecting both the formal and the material criterion of defi ning the concept of „law”, and the ordinances adopted by the Government, simple or emergency, represent laws lato sensu, respecting only the material criteri...
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Infracţiunea de corupere a alegătorilor
Numărul 2 Anul 2025
The crime of voter corruption is provided for in Art. 386 of the Criminal Code, as part of the title dedicated to electoral crimes, being the first time that the crime is criminalized in the Criminal Code. By including the crime of voter corruption in the Criminal Code and abandoning its regulation in separate normative acts applicable to different types of elections, the legislator succeeded in eliminating the previously existing overlaps an...
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Law fixing via freezing clauses. Bridge between states and investors
Numărul 2 Anul 2025
The paper examines the intricate relationship between political risk, legislative instability, and foreign investment in development projects. It highlights the necessity of stabilization clauses as a key mechanism to safeguard investors from unforeseen legislative changes that could adversely impact their operations. The paper aligns its discussions with the principles outlined in the Charter on the Economic Rights and Duties of States, advoca...
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Recunoașterea și executarea hotărârilor arbitrale străine în România
Numărul 1 Anul 2025
This article provides a detailed analysis of the procedure of recognition and enforcement (exequatur) of foreign commercial arbitral awards in Romania. In Section I, the analysis starts with the determination of the conditions for the recognition and enforcement of a foreign arbitral award in Romania, based on the applicable legislation, i.e. the 1958 New York Convention and Art. 1124-1133 of the Code of Civil Procedure. Then, on the bas...
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Utilizarea IA în relaţia de muncă: în ADN-ul dreptului muncii – o mutaţie „genetică”?
Artificial intelligence (AI) can be used in many ways in the work process. The literature indicates that the impact of AI on human work is reduced to the use of computational methods that rely on the collection and processing of data to take specificactions. Nowadays, we see the increasing importance of algorithmic management in labor relations using AI mechanisms to plan or evaluate the work of employees. Psychosocial risks in the workplace ca...
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Obligaţia de diligenţă: inovaţie juridicăși bază a dreptului responsabilităţii societalea întreprinderii
The adoption and implementation of Directive (EU) 2024/1760, known as the Corporate Sustainability Due Diligence Directive (CSDDD), represent a major legal innovation at the European Union level. This directive institutionalizes a due diligence obligation for corporate sustainability, transitioning from soft law principles to binding legal norms. By integrating environmental, social, and governance (ESG) considerations into corporate responsibi...
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Protecţia drepturilor minorilor prin prisma principiului interesului superior al copilului
The protection of minors is a fundamental objective of society and the state must ensure appropriate legal measures in this regard. Moreover, the contemporary reality demonstrates a significant increase in the incidence of domestic violence, which deeply affects children. Thus, there is a multiplication of forms of physical, sexual, psychological, emotional violence, directed at children in the context of family relations, which generates ser...
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Consumul de alcool sau substanţe psihoactive după producerea unui accident de circulaţie
This article aims to analyze what would be the legal framework for the offense of a defendant to consume alcohol or psychoactive substances after a traffic accident, resulting in property damage or (and) with the killing or injury of a person, given that several legislative changes have occurred in this regard. This crime was re-criminalized as such by Law no. 200/2023 through the provisions of art. 3361 of the Criminal Code, but even aft...
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Excepţii privind nepreluarea obligaţiilor fiscale de către persoana fizică potrivit Codului de procedură fiscală
Numărul 1 Anul 2025
The study presents in the following a systemic analysis of the tax provisions in the case presented in terms of taking over tax obligations according to art. 23 of the Fiscal Procedure Code. The normative act regulates the procedures on the one hand but also the rights and obligations of the parties in legal relations, the state and taxpayers. The role and obligation of the state to take all due care to achieve and fulfill the legal obli...
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