The article analyzes the judicial system of the European Union and the categories of legal actions that are subject to the analysis of the European courts. This judicial system, the Court of Justice of the European Union and the General Court, are intended to defend citizens’ rights, restoring the rule of law, through various types of actions, aimed at ensuring compliance with EU law and its uniform enforcement, to delimit competences between...

A company’s electricity supply was cut off without notice on the grounds thatit had raised some objections to non-essential clauses in the contract it hadsigned and sent to the supplier. For several months, there was no response to the negotiation proposals and the competent authority to resolve the dispute was not indicated, whose name was not specified in the contract. After almost a year, the supplying company was sued in...

The prevailing ideology of the rules of procedure according to which the court will first rule on the exceptions that make the investigation of the merits of the case unnecessary is that, once the incidence of the exception has been pronounced, the court is stopped from expressing its opinion on the merits of the case, both in the operative part and in the recitals. Through the present study, I sought to highlight that the rules in ques...

By art. 19 of Law no. 6/2021 on establishing measures for the implementationof Council Regulation (EU) 2017/1.939 of 12 October 2017 implementing a form of consolidated cooperation regarding the establishment of the European Public Prosecutor’s Office, the Criminal Procedure Code was amended, thus establishing the obligation of the judicial authorities to verify, ex officio, the existence of the grounds that determined the taking or main...

The following study analyzes the constitutive elements and sanctions of theamounts derived from illegal acts as well as the fiscal regime applicable tocontravention fines and the complementary ones applied for such incomes. At the same time, we will analyze the evolution and limits of the two illegal components on the one hand and the fiscal effects and complementary sanctions on the other, given the latest legislative-fiscal chan...

Is it good or not good to introduce into human consumption genetically modified foods or partially containing ingredients derived from genetic modifications? This article outlines both the advantages, risks, and disadvantages of genetically modified organisms (GMOs). The conclusion reached is that, in the long term, the invasion of GMOs into human food is not recommended, given the possible existing risks and some of them scientifically proven...

In this article, base d on an examination of Romanian neoliberal reforms on‘housing’, I debunk several posts 1989 myths related to private, individual property. In the senses famously articulated by David Harvey, I argue that the post 1989 Romanian radical neoliberal project in law (and economy) is at once a political practice and a utopia. At the utopian level, this project creates a fictional socialist era legal reality that it purports...

There are many cases in which the criminal action is initiated ex officio, for crimes in which there are no injured individuals. Some cases are finalized through acquittal solutions, after which the state would be obliged to answer patrimonially for the damages caused by judicial errors, according to the constitutional provisions. Part of these damages consist of legal expenses, which include attorney’s fees, travel and accommodation expenses...

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 thesis expr...

Article 1372 of the Civil Code, as amended by the provisions of art. 7 point 67 of Law no. 140/2022, enshrines with principle value the establishment of an objective liability, independent of any form of guilt of the perpetrator, of the guardian who supervises the persons protected by judicial counseling or special guardianship. Through their behavior, often spontaneous, surprising, these categories of people represent a particular soci...