Noul act normativ privind reţinerea datelor – între constituţionalitate şi europenitate
he new regulation regarding the data retention – between constitutionality and Europeanness

Summary/Abstract: Romania has recently adopted a new law which transposes the Directive 2006/24/CE regarding data retention, the acceleration of its adoption being determined by the imminence of the introduction by the European Commission of an action before the Court of Justice of Luxemburg for the non-fulfillment of obligations provided by the treaties. Law no. 82/2012 re-creates the juridical framework established almost four years ago by Law no. 298/2008, the existance of which has stopped relatively early as a consequence of it being declared unconstitutional, however keeping a part of the elements which establish the reiteration of the premises of the Constitutional Court’s decision. The new law proves the option of the Romanian lawmaker towards according priority to applying the mandatory unional provisions in the detriment of fundamental rights of whose defendant proved to be the Constitutional Court in the Decision no. 1258/2009.

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