This study reveals two issues: a perspective on the common legislation of Romanian private international law after 1989 and the constitutional base of Romanian private international law, by reference to the Romanian Constitution of 1991. The original idea of the study is that it shows a new conception of relevant constitutional terms in respect of the alien and the citizen, from a perspective of private international law. ...

Using the author’s own experience throughout twenty of the thirty years of post-1989 Romanian legislation, this article analyses the ways in which those entitled to initiate draft normative acts, learn to do so by drafting and substantiating them, so that, after their entry into force, they can achieve their initial purpose. The examples used, highlight the not only the multitude and unpredictability of the rules, which lead to legal uncertai...

The insolvency always represented one of the issues of the economic and social life which have constantly concerned the legislator, from the period prior to the year 1989, when it did not benefit from autonomous norms, until the current regulation of the prevention of the insolvency and insolvency proceedings, when we can speak about a real insolvency law. The freedom of trade, the dinamism of the commercial relations more and more comp...

The article analyzes the application of art. 26(4) of the Government Ordinance no. 137/2000, text considered unclear and unconstitutional, from the interpretation of which one cannot infer the beginning and end of the prescription period for the application of the contraventional fine sanction by the National Council for Combating Discrimination. According to the author, previously, the analyzed ordinance text was clear and did not aff...

The purpose of this paper is to provide an introduction to the concept of whitecollar crime. Specifically, the origin and evolution of such concept will be under examination, by pursuing several theoretical and practical milestones that determined white-collar criminality to eventually stand out as a highly complex criminological phenomenon. From Sutherland’s emerging constructs to the developments brought about by the digital age, the variou...

The article discusses the issue of reviewing civil judgments following an amicable settlement, including the case of a unilateral declaration at the European Court of Human Rights, given that there is a clear difference between the provisions of the Criminal Procedure Code and those of the Civil Procedure Code in the sense that, while the criminal procedure expressly provides for the possibility of review even in case of an amicable settlemen...

This paper analyses the right to education, as it is provided for in European documents (Article 2 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Article 14 of the Charter of Fundamental Rights of the European Union) as well as in national documents (Constitution of Romania, Article 32 „Right to education”), from the point of view of the interpretation given to it by the court...

We are living wonderful times; our life is gaining a new dimension: the digital world. But this new world needs rules and regulations, because the human being can not exist and develop outside a predictable environment. In this matter, privacy and security are the most important assets of the cyberspace. A great part of the economy, culture, entertainment, even religion has migrated in the online environment, so the institutions and authorities...

For the Romanian law system, the jurisprudence does not have the quality of formal source of the law. However, the legal reality, viewed from the historical perspective, has demonstrated the essential role of the judicial practice in interpreting and applying the law, in building argumentative practices, in clarifying the will of the legislator and in discovering the less obvious meanings of the legal norms, and not least in unifying the thoug...

The article addresses the issue of respect for the right to privacy, the protection of personal data and the right to information, especially in the context of particular situations, such as the coronavirus pandemic. Considering the European regulations in the field (Regulation no. 679/2016, the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union), national legislation, as well as the case law of the C...