In our study we endeavour to analyse the semantic content of the authority of res judicata through the prism of its positive effect. We present the initial concept of the legislator, which imposed the existence of a triple identity of parties, object and cause of the litigation in order to benefit from the presumption of truth associated with res judicata. We show that this concept later underwent multiple metamorphoses first by the differenti...

The right to petition falls within the category of the essential-democratic constitutional means of civic engagement or defence of the legal rights and interests of the person governed – the citizen. The author analyzes how to decide on a petition, noting that more than three decades after the Revolution, there are still difficulties in this field.

The present article aims to analyze the possibility for the courts to order that the parental authority be exercised by a single parent for a limited period of time or that certain attributes of the parental authority be entrusted exclusively to a parent. The article also includes a proposal of law author’s ferenda, regarding the need to expressly mention in the Civil Code the fact that, in certain situations, certain limitations of the...

In this study, the authors intend to analyze a new institution of Romanian criminal law, namely the waiver of penalty. They also examine various situations that have occurred in practice regarding the application of other criminal law institutions when ordering solutions to waive the penalty, various legislative inconsistencies that make it difficult to apply important legal provisions. Last but not least, we will propose de lege ferenda solut...

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. ...

Following the completion in 2015 of Law no. 8/1996 on copyright and neighboring rights, as a matter of absolute novelty, regulates the legal regime of „orphan works”. Reaction of the doctrine of legal protection of intellectual creation to this novelty legal institution is still timid, and the case law seems to have not yet faced litigation in this matter. The analysis of the established regulations denotes the existence of a rela...

From a legal point of view, the access of an employer or an employee to the  Romanian labour market is regulated by the Labour Code. Since its adoption in 2003, when it replaced the old communist regulation of labour relations, to the present, in spite of the evolution of society and technology, which implied an accelerated sense of employment relations characterized by the wish of both employers and employees to be able to conclude and termi...

Last year the Romania Law on National Education was updated by the Government Ordinance no. 9/2018 on the amendment and completion of normative acts in the field of education. The additions include the provision that the fixed-term employment contract between a university and an assistant lecturer – concluded on the basis of a competition, in which the employment standards specific to the position were met – is transformed into an employment ...