The study analyzes the notions of separate opinion and concurring opinion and how the current legislation regulates them. The author proposes, de lege ferenda, the express recognition of the opinions that the judge adds to the decision in order to dissociate himself/herself from certain inappropriate expressions to which the majority resorted. ...

The use of personal data is inevitable in any human activity, and, even more so, in educational, didactic activity. The teacher-student relationship subscribes not only to rules on education but also to compliance with national and European regulations. This is the main relationship established in education, but education is an equation with many factors and even more unknowns. The entry into force and implementation of the General Regulation ...

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...

Soon after the end of the state of emergency determined by the COVID-19 pandemic in Romania, the Constitutional Court ruled on the provisions that would have allowed the Minister of Health to impose the involuntary hospitalization in the case of persons infected with SARS-CoV-2. The declaration of unconstitutionality of article 25 (2) the second thesis of Law no. 95/2006 on health care reform led to the enactment of the Law no. 136 of 16 July 2...

The general data protection regulation is the culmination of much tougher legislation in this area. Most of the companies established according to Law no. 31/1990 does not have to take special measures to comply with this legislation, but all companies must be diligent in their dealings with data subjects and the national supervisory authority. More needs to be done to raise awareness of the obligations in this area, involving authorities, non...

The article discusses the possibility for the third party to recover his own legal costs from the losing party, in the case of admissible accessory requests for voluntary intervention. The author notes that in practice this problem has been solved differently, a reason for which he argues in favour of the need to bring an appeal in the interest of the law to the High Court of Cassation and Justice, in order to ensure the correct and consistent...

The purpose of this paper is to analyze the crime of non-compliance with court decisions, on the one hand from the perspective of the requirements of the right to a fair trial that the suspect or defendant should benefit from, and on the other hand from the perspective of the legal consequences produced by the legislative construction represented by the provisions of art. 297 of the Criminal Code, as its objective side was reconfigured in term...

The right of preemption in the sale of a good is, as a rule, regulated by law. The main issue of theoretical and practical interest, which is limited to the institution of the right of preemption, is its exercise by its holders. The exercise of the right of preemption in the sale of a good is regulated differently in the provisions of the Civil Code, compared to those contained in the special laws. In the above context, th...

The income situation of employees paid from public funds has been a thorny issue since 2004. The law on the status of civil servants at that time enshrined the right to two salary components, which the legislator later suspended. Ruling on this suspension, the Constitutional Court of Romania has shown that, at the expiration of the suspension period, the normative act or the provision affected by the suspension re-enters into force. They also ...

The procedure for amending the Constitution is extremely difficult, almost impossible in the current social and political context. The essence of a constitution is its stability over time because only in this way can ensure the stability of the entire normative system of a state, certainty and predictability. the conduct of legal subjects but also to ensure the legal, political and economic stability of the social system as a whole. The ...