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...

Still questionable in terms of its legal nature (a legal act or a legal deed) and in the absence of relevant case-law on this matter, the engagement is seen nowadays as a social, moral and cultural relationship, with possible material legal consequences in the event of its unilateral termination. The exercise of the right to unilateral termination of the engagement for the purpose of causing excessive or unreasonable harm or damage, co...

The opinions presented in the article were the point of view of the authors submitted to the High Court of Cassation and Justice on the legal issue regarding the interpretation and application of art. 226 of Law no. 71/2011, as relating to art. 95(2) of the Civil Procedure Code on establishing the procedural material jurisdiction of the specialized tribunals (Argeş, Cluj, Mureş) in deciding on appeals in the enforcement procedure, namely: oppos...

The Regulation no. 679/2016/EU stipulates the obligation for controller to respect the transparency principle in private data processing. In this material we explore not only the limits and practical consequences of the fore mentioned but also the relationship with the other principles.

This study has as a starting point an erroneous solution repeatedly encountered in the judicial practice, in relation to the same enforcement file, a solution materialized in unlawful declines of territorial jurisdiction toward a court other than the one within the territorial jurisdiction of which the debtor is domiciled at the time of the enforcement request, a court that granted enforcement, while ignoring the rules of territorial jurisdict...

This paper aims at making an x-ray of the considerations leading to the rejection of applications seeking the suspension of the certificates of incumbency issued by contracting authorities under the legal provisions regulating the public procurement procedure, while paying particular attention to the way in which this practice may undermine the effectiveness of the right of access to justice, so that it becomes incompatible with the requiremen...

A lawful and solid judgment can only be discussed again in the event of a reality that is relevant to the situation at issue on the occasion of the primary judgment. With a view to eliminating the effects of judicial errors by abolishing a final judgment, the review is likely to bring serious prejudice to the power of res judicata; major social interests would require that the administration of justice should be done only with respect for the ...

The jurisprudence has difficulties in placing in one of the categories of the natural or legal unity of crime the offence perpetraded by a person who uses forged documents concerning the number of qualifying years in order to obtain a state pension and then regularly receives the pension. The article places the recent jurisprudential controversies in the context of the traditional romanian jurisprudence and of new phenomena in the criminal la...

Good faith is the fundamental value on which the trust-based relation, essential for keeping a fair and balanced social environment, is built. The calls of good faith regard both parties of the consume relation. The duty to inform sets up the standards for both seller/supplier’s and consumer’s good faith, showing the extent to which the seller or supplier’s good faith reflects the consumer’s good faith. Consumer protection must ...