Articole din categoria: Numărul 4

Elemente esenţiale ale protecţiei datelor în 2020
The year 2020 was an important one for data protection and cybersecurity, first of all as a result of the intervention of the SARS-CoV-2 coronavirus pandemic, a context that made it difficult for authorities, data controllers, data subjects, but also boosted the use of the Internet. Using applications increases the risk of data security breaches. The authors propose a useful radiograph to practitioners, but also to the genera...
Citește mai mult
Probe noi în căile de atac, în lumina deciziei de recurs în interesul Legii nr. 9/2020
Numărul 4 Anul 2020
The admissibility of evidence in appeals is regulated differently according to the judicial control exercised in the first or second appeal, each of them being characterized by separate features and rules, the essential difference being given by the recognition or not of the devolutive character. The recent RIL decision no. 9/2020 of the supreme court clarifies the notion of new evidence and its admissibility in the appeal, which gives rise he...
Citește mai mult
Scurtă pledoarie pentru recunoaşterea caracterului de informaţie de interes public al fişelor posturilor din cadrul instituţiilor şi autorităţilor publice
Numărul 4 Anul 2020
The article provides arguments in favour of the public nature of job descriptions within public institutions and authorities (as documents concerning or resulting from their activities), from which any confidential, classified or personal data have been retrieved. They constitute information of public interest, accessible to citizens in accordance with Law no. 544/2001. According to the author, this view is also part of the National Anti...
Citește mai mult
Protecţia datelor cu caracter personal în activitatea executorilor judecătoreşti. Când devin urgenţa, alerta şi pandemia catalizatori ai încălcării reglementărilor privind datele?
The forced digitization of any activity, which takes place through the Internet, has brought not only the possibility of continuing the activity in the light of the restrictions imposed by the pandemic but also the addition of risks for controllers. Most risks relate to the security of the processing of personal data, the encrypted transfer of data, the use of legal grounds for specific purposes as well as the confidentiality and integrity of ...
Citește mai mult
Metode juridice de cercetare în administraţie
Numărul 4 Anul 2020
Applied research and the use of legal research methods in the field of public administration is particularly valuable, even if it is and represents the attribute of bodies with jurisdictional activity. The analysis of public policies and the evaluation of programs and projects in the field of public administration are still new issues, and the reluctance and lack of interest of those in charge of administration, lead as we have noticed...
Citește mai mult
Criterii concrete şi abstracte de diferenţiere a intenţiei indirecte de culpa cu prevedere în cazul infracţiunilor rutiere soldate cu victime
Numărul 4 Anul 2020
Through this study, the author aims, following the analysis of some concrete cases, the recitals of courts, as well as the Romanian doctrine, to identify certain abstract, but especially concrete, criteria for differentiating the offence of murder committed with indirect intent from that of involuntary manslaughter in the event of road accidents. I consider this study to be useful and relevant, taking into account a change in the view of...
Citește mai mult
Relaţia popor – stat – naţiune, ca proiecţie a lumii post
Numărul 4 Anul 2020
Starting from the concepts of population, state and nation and the interdependencies between them, the article aims to build, based on the fiction called: the post world, to which can be added words such as: pandemic, crisis, industrial, globalization, etc., solutions for the future. We are focused primarily on the Romanian reality in which we work, live and love, which has been and is in a continuous change, which we would like, from the per...
Citește mai mult
Imprevizibilitatea, inadecvarea şi insuficienţa legislaţiei de urbanism şi implicaţiile lor – Pe marginea deciziei Curţii Constituţionale a României nr. 49/2020 privind (ne)constituţionalitatea prevederilor Legii nr. 350/2001 –
Numărul 4 Anul 2020
By Decision no. 49 of February 4th, 2020, of the Constitutional Court of Romania, finding the unconstitutionality of the dispositions of art. 32 par. 1 of Law no. 350/2001 regarding landscaping and urbanism [contrary to art. 1 par. 5 of the Constitution] and by the related considerations, a crucial moment has been marked in the existence of Romanian urban planning law. In a general appreciation, regarding both and on the first hand the contes...
Citește mai mult
Efectuarea supravegherii tehnice. Proba neconstituţională. Studiu de jurisprudenţă
Numărul 4 Anul 2019
The present study analyses a controversial jurisprudential matter: the sanction applicable to the evidence obtained form the technical surveillance executed with the participation of some specialized agencies, before the execution of the technical surveillance by those agencies was forbidden following the decision of the Constitutional Court no. 51 from 16 February 2016. It synthesizes from the jurisprudence an alternative conceptual model of ...
Citește mai mult
Particularităţile procedurii de efectuare a investigaţiilor ce vizează protecţia datelor
Numărul 4 Anul 2019
The application, for almost a year, of Regulation (EU) 2016/679, the General Regulation on data protection or the GDPR, led to the highlighting of the particularities that the European legislator drew up, and the national emphasized them, for the different entities investigated, controllers or processors. We underline, within the article, the way of regulating, in national law, the procedure for carrying out investigations by the national sup...
Citește mai mult