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...

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 regulation in the Civil Procedure Code regarding the solution that the court can pronounce in case of review for contrary decisions was modified by Law no. 310/2018 in order to harmonize it with art. 509(1)(8) of the Civil Procedure Code which refers to res judicata, without distinguishing between its negative and its positive effect. ...

The enforcement in time of the civil procedural provisions modified by Law no. 310/2018 entails the need to rigorously identify the rules that circumscribe the paradigm in which one determines, on the one hand, the scope of the processes to which these changes are applicable, and, on the other hand, the moment from which their effects occur. Moreover, in relation to the content and nature of these changes, the question of the enforceme...

At the end of the year (2008) and at this anniversary moment (the centenary year) the new Civil Procedure Code was completed and amended. This material aims to bring to attention three of the completions operated by the legislator by Law no. 310/2018; without limiting to answering the three questions in the title addressed to the reader which may produce different moods, this paper seeks to identify and provide a well-grounded solution to the d...

This paper circumscribes to its scientific objective the analysis of the provisions of the Civil Code on the remedy of the damage caused by the violation of non-patrimonial rights. The critical approach of art. 1391 and other legal texts related to the studied issue (we refer, inter alia, to art. 58, art. 64, art. 252-256 or art. 1387-1389 of the Civil Code) enabled us to identify the potential limits of the civil regulation related to the in...

Few months after the enforcement of what may be called the most renowned Regulation of the European Union, an analysis of the positioning of the subjects of the General Data Protection Regulation proves to be necessary, in order to debunk some myths issued by the lack of knowledge of its contents. The study concerns not only its most important subjects – the controller and the processor – but also the involved institutions and authorities, the ...

Recently, the Court of Justice of the European Union has shaped the guidelines that a judicial authority issuing a European Arrest Warrant has to respect. CJEU analyzed on this occasion, the link between the executive power and prosecutors responsible the criminal investigation, the judges concluding that the abstract prerogative of a minister to influence a criminal investigation, even if not actually exercised, creates a doubt about the res...