This study emphasizes on lacunar criminal procedural dispositions relating the obligation of the prosecution bodies in accordance with the officiality and legality principle, to conduct and to outwork all the rationale and possible suppositions in the light of respecting the fundamental right to a fair trial and the fundamental right of the presumption of innocence. The burden of proof regarding the integrity of the evidence that has been admin...

The article analyzes the manner of application in administrative-jurisdictional disputes brought before the National Council for Solving Complaints, of art. 454 of the Civil Procedure Code, which orders the defendant’s exemption from payment if he admitted, at the first hearing to which the parties were legally summoned, the claimant’s demands, an exemption which does not apply if, prior to the beginning of the trial, the defendant ...

In the context in which the labour market in Romania is facing one of the most difficult periods in recent years, the scarcity of human capital can represent a real danger regarding both the activity of large companies in Romania and the national economy. The increasingly flagrant lack of Romanian workers is conducive to the employees steering their attention to workers situated outside the European Union, not only because this alternative wo...

Relationships arising between the main debtor and the guarantor usually represent the consequence of the payment made by the guarantor to the creditor. The guarantor which has paid the debt has a right of regression against the debtor, even when it committed itself without the debtor’s consent. In certain cases expressly provided for by law, the guarantor shall be recognized a right of regression as well, before making the payment. This is th...

Considering the terminological meaning of this new concept which has been given the name of lawfare, we will note that it can be particularly useful to develop the research of this topic in a new scientific and even cultural approach: through transdisciplinarity, whose aim is to highlight the nature and characteristics of the flow of information that circulates between different branches of knowledge. Lawfare can affect the very DNA of law; i...

The right of withdrawal in consumer law is seen as a technique by which the legislature compensates the unequal balance of power at the time of concluding the contract by giving the consumer the opportunity to quietly examine the consequences of his purchase, to get information about the price of equivalent products or to consult with his family or his entourage, thus allowing the consolidation of consent. In point of legal nature, the right o...

The article debates the issue of the admissibility as evidence, in labour disputes, of clandestine audio or video recordings, without the aggressor’s consent, made by the victim of the intrusive and/or abusive conduct, as a form of harassment. In practice, the difficulty is given by the doubt of the courts regarding the admissibility of such recordings, obviously not wanted and not authorized by the aggressor, coming from the circumstan...

In accordance with its name, but without being exhaustive, in the proposed study we present various opinions on the autonomy of will in contractual matters in substantial Romanian private and international law, as well as some references to this legal institution in European Union law. Without proposing a critical analysis, where appropriate, we expressed our own views and pointed out various inadvertences or normative or even doctrinal incon...

Children are one of the most vulnerable categories of people in relation to social networks. The images – or other personal data of the children – distributed on these networks by one of the parents, but without the  consent of the other, can generate a conflict regarding the way of exercising the parental authority. On the contrary, when the publication of images or videos is done by another family member or by any other third pa...

The article aims to analyse the effects of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, finalised in Istanbul on 11 May 2011, ten years after its preparation for signature. The tenth anniversary of the preparation for signature of this important legal instrument, which is binding on the Member States which have agreed to sign and ratify it, is an occasion for a retrospective of the ...