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...

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...

Printre semnalele tot mai insistente perceptibile în analizele privind starea și evoluţiile (posibile) ale juridicului unul devine din ce în ce mai insistent și generează deopotrivă interogaţii și preocupări: ne îndreptăm spre o „lume fără drept” dar supusă „drepturilor”, adică unei game heteroclite de revendicări emanate de la indivizi sau grupuri cu motivaţii și interese diverse, schimbătoare, contradictorii, imprecise? Punându-și și încercând să răspundă unei atari chestiuni, deopotrivă, atât de crucială și de actuală, profesorul de drept public al economiei, Stéphane Braconnier, președintele U...

The rule of law has been a long-standing priority for the European Union andrespect for this value has been a major concern for the European Commission. In this respect, several preventive and punitive legal means have been promoted over the years which should help to guarantee and protect the values of the European Union, including the rule of law. This article provides an overview of these mechanisms, of how they have been implemented a...

The article analyzes how the precautionary principle is applied in the field of public procurement. In this sense, in order to ensure the legality and transparency of the award, as well as the legal and appropriate execution of the object of the investment, the contracting authority is bound by the precautionary principle, which imposes the obligation to investigate, if not in the case of all bidders, in the evaluation stage of technical propos...

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...

Legal theorists still have a difficult line to walk. Precisely, that this area of jurisprudence requires a deepening both from the point of view of theory and philosophy of law which, in turn, requires an acute understanding of how the legal system works and the reasoning that is in the study of all entities from within the system. Jurisprudence is normally accompanied by doctrine, understood as the activity of scientific study and intellectual...