The “prescriptive scheme” in the ideological systems of ideas is criticized for its lack of realism. The current theory of possession has an ideological aura in part because it is partly disconnected from some realities of the civil circuit, realities operating in perfect and unnatural parallelism with the theory of possession. Each with their own world, with their own problems and with their own solutions. A century ago, the famous Roman law s...

The National Integrity Agency issued an evaluation report by which it decided that the mayor of a commune violated the legislation on the legal regime of regime of incompatibilities by concurrently exercising certain activities specific to the natural person merchant. In concrete terms, he was accused for the fact that he also exercised the capacity of a natural person merchant, having obtained income from agricultural activities and subsidie...

This study aims to analyze both theoretically and practically the effectiveness of access to justice in civil proceedings, in a real and non-illusory way, in the light of the case law of the Constitutional Court, and whenever appropriate, with references to European rules and case law. We first addressed the conditions of the effectiveness of access to justice in civil proceedings, then the real access to justice in the context of various jud...

The dynamics of the labour market, the high level of competitiveness among employers in all industries and, as a result, the strong tendency to prioritize professional life to the detriment of personal life have led to the need to adopt a series of changes regarding the classic employment relations in recent years, highlighting numerous legislative amendments adopted with the aim of renderingthe employer-employee relation more flexible.

From the terminological point of view, but with different implications and content from a conceptual point of view, the doctrine uses the notions of popular sovereignty, national sovereignty and state sovereignty. The sovereignty of the people represents the right of the people to decide on their fate, to establish the political line of the state and the composition of its organs and to control their activity. Ideally, in the society where st...

The article aims to analyze the concept of “digital rights” and, in a comprehensive way, the current state of regulation on this topic, so that in the end we can appreciate the importance of digital rights regulation in the European Union and then their implementation at Member State level, taking into account existing good practice. The article focuses on the European Commission’s Declaration on Digital Rights and Principles for the Digital D...

The most striking expression of the social fact is the social norm. Man’s social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each othe...

The major judgments of the CJEU are, for the most part, judgments given following a preliminary ruling of a court of a Member State of the European Union. Each year, the Court of Justice issues approximately 400 preliminary rulings. The preliminary ruling mechanism is the instrument of cooperation between the courts of the twenty-seven EU Member States and the Court of Justice. It is based on a dialogue between the judges of EU law, who are al...

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 likely, by itself, to reasona...

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...