The article deals with the issue of the date from which the term for contesting the acts of evaluation of tenders in case of posting these acts in the Electronic Public Procurement System starts. It also presents the opinions expressed in the doctrine on this subject, the orientations of national case law, of the Court of Justice of the European Union and of the Constitutional Court, as well as the arguments underlying possible solution...

This study aims to clarify the main distinctions between procedural exceptions and substantive defences, in particular substantive exceptions (as a species of substantive defences in law). Without approaching the similarities and all the differences between these two categories of exceptions regarded lato sensu, as a defence means, we have been concerned with the order of deciding on concurrent exceptions, on the decision method and the...

On 1 January 2018, Law no. 151/2015 on insolvency proceedings for natural persons came into force. The law was promoted in Parliament against the background of the social and financial crisis generated by the effects of Swiss franc contracts, in line with the increase in the ratio between the national currency and the foreign currency in which the contracts had been concluded. The entry into force of the law was postponed successively,...

Special guardianship, as a form of representation in a lawsuit, is a new construction in the field of civil procedural law that aims to ensure the right of the party to a fair trial and, implicitly, the right to effective defence. Representation through a special guardian is of interest both in theoretical and practical terms, as it implies a series of rules whose non-observance can have procedural consequences and may lead to the nulli...

The importance of the financial resources available to the European Union and the high level of damage caused by the defective manage of Community resources, has led to the establishment of administrative and judicial measures for the protection of European funds. In this regard, on 26 June 1995 was adopted the Convention on the Protection of the Financial Interests of the European Union, through which minimum rules have been set ...

One of the pieces of novelty of utmost interest introduced by the New Civil Code is regulation of the right to unilateral rescission at art. 1.552, drawing up on the legislation of other countries which are particularly sensitive to trade interests, and thought differently of the role of the specialized judge. Under such law systems, the creditor may decide to unilaterally break the contractual bond in case of a default. When th...

The witness’s right to silence is a new institution in the Code of Criminal Procedure, which refers to his right not to incriminate himself, when he has become suspect or defendant. However, the text of the law on the silence of the witness will have to be supplemented with new provisions meant to ensure the observance of the most important guarantees of a fair trial when the witness, through his statement, may accuse himself.