In the last quarter of 2020, the legislature decided to make amendments to the Criminal Code and the Code of Criminal Procedure, by four laws, i.e. no. 217/2020, no. 228/2020, no. 233/2020, no. 274/2020. In this study, the author aims to make an overview of these changes and the reasons underlying their implementation. Following the analysis of the explanatory memorandum that accompanied each amending law, of some statistical data avail...

The final part of art. 61 para. (1) of the Romanian Constitution consecrates the role of the Parliament as sole legislative authority of the state. The legal doctrine considers the legislative delegation granted to the Government and to the President a genuine exception to the aforementioned rule, but are there any cases in which the feature of the Parliament of unique legislative authority of the state may be doubted? This article aims to ide...

The article deals with the phenomenon of legislative inflation, which, paradoxically, has the effect of impoverishing the law. The author notes the tendency of the laws to become self-sufficient, the excessive regulatory process reducing the possibility for the lawyer to resort to the force of legal logic, especially in the context of the frequent changes in legislation and the repeated use of repeal. ...

The article emphasizes the characteristics of the post-89 legislative process, and especially the role of the Constitution in the national law system: is the Constitution part of the legislative system? Can judges apply the Constitution in the litigations they decide on? Can the Constitution be the only legal basis for a judgment? The author proposes a change of perspective: instead of defining legislation as the positive law of a coun...

The article analyzes the influence of the development of digital services and technologies on the legislative process. Technological developments cannot be ignored by the legal system or the legislative powers of states, and sooner or later parliaments and governments will need to provide the citizen with the opportunity to understand and participate in the legislative process, while eliminating complicated procedures. The author emphasizes t...

Especially in the electoral periods a question is being increasingly put forward. This question consists of whether, after the entry into force of the General Data Protection Regulation, the political parties would still have the opportunity to process personal data included in the Electoral Register, and, if met with an affirmative answer, then how do the special norms, included in the electoral legislation, impact the principles introduced b...

The commission of a crime obliges the state to take measures to establish the circumstances that determined it and to identify the perpetrator, in order to finally order, if it is necessary, to engage his criminal liability and apply a penalty provided by the law. The conviction of the defendant for committing a crime may be ordered, according to art. 103 para. (2) C. pr. pen., only if the judicial bodies prove, beyond any reasonable do...

The article analyzes the impact of the Decree of the President of Romania no. 195/2020 on civil proceedings, aspects enshrined in art. 41-42, and art. 44 respectively, of Annex 1. The analysis of these “legislative novelties” in the Romanian procedural landscape aims at identifying and proposing solutions that may lead in the near future to a consistent practice, while ensuring, even during this difficult period, a predictable civil trial....

Data protection (Art. 8), the right to life (Art. 2), the right to privacy (Art. 8) and the protection of health (Art. 35) are fundamental rights protected by the Charter of Fundamental Rights of the European Union (CDFUE) as well, and by similar or even identical provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The General Data Protection Regulation (GDPR) primarily protects personal data, emph...

The article analyzes the provisions of Order no. 74534/2020 of the action commander and head of the Department for Emergency Situations which established some measures on the secondment/ delegation of the medical and auxiliary staff during the state of emergency, by reference to the provisions on delegation and secondment in the Labour Code. ...