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New problems of the relationship between European Union law and Romanian law Cover Image

Probleme noi ale raportului dintre dreptul Uniunii Europene și dreptul roman
New problems of the relationship between European Union law and Romanian law

Author(s): ”Acad.Andrei Radulescu” Institutul de Cercetări Juridice
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Law on Economics, EU-Legislation, Court case, Labour and Social Security Law
Published by: Universul Juridic
Keywords: Safeguarding of Human Rights; Prisons; European Law; European Sovereignty;
Summary/Abstract: The Conference of Doctoral Students in Law, the first edition of this event, to the conference of young researchers, both within the Romanian Academy but also from other university centers in the country and abroad, an organized academic and institutional framework, adequate to encourage the activity of scientific research, stimulating debates and development of interdisciplinary research of national and international impact, the exchange of ideas in the area of topics of interest. The purpose of the conference is to support young researchers/PhD students in order to present the results of the research carried out in the elaboration of doctoral theses and their valorization through debate and publication in the present volume.

  • E-ISBN-13: 978-606-39-1319-8
  • Page Count: 242
  • Publication Year: 2022
  • Language: Romanian
Regulamentele UE privind serviciile digitale și piețele digitale și dreptul la viață privată

Regulamentele UE privind serviciile digitale și piețele digitale și dreptul la viață privată
(EU Regulations on Digital Services and Digital Markets and The Right to Privacy)

  • Author(s):Daniela Ghituleasa (Duță)
  • Language:Romanian
  • Subject(s):Economy, Law, Constitution, Jurisprudence, ICT Information and Communications Technologies, EU-Legislation
  • Page Range:13-27
  • No. of Pages:15
  • Keywords:Digital Markets Act; Digital Service Act; The right to privacy; Online platform; Privacy;
  • Summary/Abstract:This study aims to present the new informations brought by the two EU Regulations, namely the Digital Markets Act and the Digital Service Act, in terms of the right to privacy. Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) was published in the Official Journal of the European Union on 12.10.2022, will enter into force on 1st of November 2022 and will become applicable, for the most part, in May 2023. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19th October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) – „DSA” was published in the Official Journal of the European Union on October 19, 2022. The Regulations enter into force on November 16, 2022 and apply from February 17, 2024. The deadline to comply with the obligations, granted to the affected service providers, namely very large online platforms and very large online search engines, will be four months from the notification by the EU Commission if that date is before 17 February 2024.Do the two regulations impose new rules for respecting the right to private life/ privacy as defined by the Charter of Fundamental Rights of the European Union? The DSA regulates the obligations of digital services that act as intermediaries when fulfilling their role of connecting consumers with goods, services and content. It targets, among other things, online markets. It aims to improve the protection of users and their fundamental rights online, establish a robust framework for transparency and accountability of online platforms and provide a single and uniform framework across the EU.
Suveranitatea Europeană.Scurtă privire a conceptului din perspectiva jurisprudenței CJUE

Suveranitatea Europeană.Scurtă privire a conceptului din perspectiva jurisprudenței CJUE
(European Sovereignty. Brief Overview of The Concept From The Perspective of CJEU Jurisprudence)

  • Author(s):Beatrice-Florina Draghiciu
  • Language:Romanian
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, EU-Legislation, Geopolitics
  • Page Range:28-50
  • No. of Pages:23
  • Keywords:European Sovereignty; Nation; Member State; Process; Regional Geopolitical Context;
  • Summary/Abstract:In the process of contemporary transformations and in the current regional geopolitical context, the sovereign state must respond to current contemporary and future needs, having to transform, improve and adapt. Sovereignty, the main attribute of the state, thus takes on an upward dynamic, enduring various changes/transformations both national and international/community. In my opinion, there are two main dimensions of European sovereignty, namely the sovereignty of the Union and the sovereignty of the Member States within the Union. The interplay between these two dimensions has come under intense public scrutiny in recent years and has increasingly become one of the „hottest” topics on the public agenda, including in Romania. This interdependence between European sovereignty and the sovereignty of the EU member states has undergone significant developments over the decades, and Romania was no stranger to this process. The Member States are in a continuous process of redefinition, European sovereignty resulting from the sovereignty of the Member States, and the sharing of sovereignty, when and where necessary, transforms each Member State into a stronger nation, better prepared to face the challenges of the future , regardless of whether they are strategic, political, economic, social or cultural. Thus, the two dimensions of European sovereignty are essentially governed by complementarity and reciprocity, not by competitiveness or mutual exclusion.
Efecte ale Regulamentului (UE) 2022/1854 al Consiliului: o abordare în coroborare cu legislația internă asupra executării contractelor de furnizare a energiei electrice

Efecte ale Regulamentului (UE) 2022/1854 al Consiliului: o abordare în coroborare cu legislația internă asupra executării contractelor de furnizare a energiei electrice
(Effects of Council Regulation (EU) 2022/1854: An Approach in Conjunction with Domestic Law on Enforcement Electricity Supply Contracts)

  • Author(s):George-Mihai Popa
  • Language:Romanian
  • Subject(s):Economy, Law, Constitution, Jurisprudence, Energy and Environmental Studies, EU-Legislation
  • Page Range:51-65
  • No. of Pages:15
  • Keywords:Supply Contract; Household Beneficiary; Non-household Beneficiary; Direct Horizontal Effect; Contractual Price;
  • Summary/Abstract:Taking into consideration the direct horizontal effect of the Regulation (UE) 2022/1854, insofar as the capped prices would not insure the recovery of the costs of the suppliers, even if the Romanian authorities will not amend the support scheme legislation in the energy domain in order to set all the legal enactments in line with the Regulation in relation to the compensation mechanism of the suppliers, in order to ensure the full recovery of the supply costs, the limited categories of beneficiaries and the consumption limits of the electricity volumes, the energy suppliers may legally oppose to conclusion for such a supply contract. Irrespective, if a customer (household or non-household) which would invoke their right to be supplied with electricity at capped prices the electricity suppliers' right will prevail in order not to be obliged to supply to such clients at prices that will be below costs.
Transpunerea Directivei (UE) 2021/2167 a Parlamentului European și a Consiliului din 24 noiembrie 2021 privind administratorii de credite și cumpărătorii de credite și de modificare a Directivelor 2008/48/CE și 2014/17/UE

Transpunerea Directivei (UE) 2021/2167 a Parlamentului European și a Consiliului din 24 noiembrie 2021 privind administratorii de credite și cumpărătorii de credite și de modificare a Directivelor 2008/48/CE și 2014/17/UE
(Transposition of Directive (EU) 2021/2167 of The European Parliament and of The Council of 24 November 2021 on Credit Administrators nd Credit Buyers and Amending Directives 2008/48/EC and 2014/17/EU)

  • Author(s):Daniel Catalin Velicu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation
  • Page Range:66-74
  • No. of Pages:9
  • Keywords:Directive (EU) 2021/2167; Abusive Clauses; Credit Contracts; Unfair Commercial Practices; Debt Forgiveness, Transposition of The Directive;
  • Summary/Abstract:Directive (EU) 2021/2167 of the European Parliament and of the Council of November 24, 2021, currently being transposed, is based on the desired high protection of consumers, as regulated by art. 169 (Title XV Consumer Protection) of the T.U.E. In a world of money, their restitution after borrowing from a financial institution is related to the observance of legal norms, which are based on their enactment, an obvious public interest, superior to the private interest of credit institutions or credit buyers. The Directive requires from Member States some adequate restructuring measures (concessions granted to the consumer) due to financial difficulties at national level.
Drepturile fundamentale, statul de drept și democrația, priorități ale Uniunii Europene

Drepturile fundamentale, statul de drept și democrația, priorități ale Uniunii Europene
(Fundamental Rights, The Rule of Law and Democracy, Priorities of The European Union)

  • Author(s):Loredana Nicolae
  • Language:Romanian
  • Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Government/Political systems, EU-Accession / EU-DEvelopment, EU-Legislation
  • Page Range:75-83
  • No. of Pages:9
  • Keywords:European Union; Rule of Law; Democracy; Universal Values; European States;
  • Summary/Abstract:This study aims to identify the tools of the European Union in developing a culture of the rule of law and to show the prerogatives that the citizens of the Union have based on the adopted European treaties. At the same time, the project aims to highlight the trends of European states in supporting the indivisible and universal values of human dignity, freedom, equality and solidarity, which are based on the principles of democracy and the rule of law.
Raportul metodologic – condiţie sine qua non a Raportului sistemic în drept? Studiu de caz: raportul ce se stabileşte între Dreptul naţional şi dreptul Uniunii Europene

Raportul metodologic – condiţie sine qua non a Raportului sistemic în drept? Studiu de caz: raportul ce se stabileşte între Dreptul naţional şi dreptul Uniunii Europene
(The Methodological Report – Sine Qua Non Condition of The Systemic Report in Law? Case Study: The Relationship Established Between National Law and European Union Law)

  • Author(s):Cristian Neacsiu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Court case
  • Page Range:87-109
  • No. of Pages:23
  • Keywords:National Law; Union Law; European Union Law; Systemic Raport; Systematization;
  • Summary/Abstract:Valorizing the logical relationship that is established between the part and the whole, even though it is rudimentary, this last logical relationship imposes itself with the force of the logical evidence in it’s particularities precisely through a methodology subsumed implicitly as an intrinsic methodology as a rudimentary methodology that consists in the quantitative approximation of identities as partian entities of different quantity but qualitative identity. Thus, regarding the same logical relationship viewed this time in the particular-general sense, it appears that it has it’s own methodology of quantitative approximation of the whole in relation with it’s parts, respectively of quantitative approximation of the parts in relation to the whole from which emanate.Once established the aspect that the logical part-whole relationship even in it’s canonical form posseses it’s own methodology, a fortiori it emerges that in all those particularities of the first one, particular methodologies are claimed as elements of methodical support of the part-whole relationship, respectively as elements methodical configuration of the local part-whole relationship through a particular situation. This latter double methodological value seems to be not only the step, but also the methodical (similar to the metrical foot in the prosody of the lyrical genre) through which the step is made as a systematized leap of a systematization directed by the configuration of a systemic relationship. Transposing the previous logical considerations into the legal area, a situation of current interest but also of logical seduction, is represented by the configuration or even the systematization of the systemic relationship that is established between European Union law as it’s super-structure and National Law as a hierarchical structure. Without losing sight of the inflections of this relationship between national-individual and union-identity, it must be researched from the point of view of a logical methodology guided by the logical value of the truth (and the Truth) as a bridge that realizes the cleavage of the National Law with the law of the European Union.
Probleme ale transpunerii dreptului UE al climei în dreptul român

Probleme ale transpunerii dreptului UE al climei în dreptul român
(Problems of the Transposition of The EU Climate Law Into The Romanian Law)

  • Author(s):Mircea M. Dutu-Buzura
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
  • Page Range:110-125
  • No. of Pages:16
  • Keywords:Paris Agreement; EU Climate Law; Green Deal; European Climate Law; "Fit for 55"; Climate Neutrality; Climate Change; Environmental and Climate Law; Transposition into Romanian Law;
  • Summary/Abstract:Assumed as the new development strategy of the European Union, the Green Deal (2019) supposes for its implementation the adoption of a complex, innovative, legislative device, adapted to the new objectives of the "just and inclusive" energy and ecological transition. This involves the revision and completion of around 50 directives and regulations and the adoption of new ones, as well as the approval of new strategies and plans targeting over 50 key areas, with an important legal impact, both at the European level and in the internal law of the member states of the EU. Standing as around 40% of EU-European law and generating, through transposition, about 75-80% of the relevant internal law of the member countries, EU environmental and climate law determines through this reform substantial changes in terms of positive law and the legal concepts concerned. In this context, the main European legislative act is Regulation (EU) 2021/1119 of the European Parliament and of the Council of June 30, 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) no. 401/2009 and (EU) 2018/1999 ("European Climate Law"). Its transposition into domestic law, including in Romania, presents a series of particularities arising from its legal nature as a regulation and the specifics of the assumed objectives: in the mid term, the reduction of GHG emissions by 55% by 2030 and, eventually, the achievement of climate neutrality at the 2050 horizon. The latter having a collective character, the member states themselves determine the measures intended to contribute to its achievement. The delegated acts adopted by the EC in the application of the framework law will require specific legal reactions from the member countries. Finally, some recommendations (related, for example, to the establishment of a national advisory evaluation body) entail increased freedom of options. The transposition into domestic law of EU regulations on fighting climate change does not remain indifferent to the interactions assumed by the capacity of parties to the Paris Climate Agreement, both of the EU and of all 27 individual member states.
Necesitatea adăugării unor noi ocupații în nomenclatorul COR: analistul în protecția datelor și expertul în protecția datelor

Necesitatea adăugării unor noi ocupații în nomenclatorul COR: analistul în protecția datelor și expertul în protecția datelor
(The Necessity of Adding New Occupations in The COR Nomenclature The Data Protection Analyst and The Data Protection Expert)

  • Author(s):Marius Catalin Mitrea
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
  • Page Range:126-134
  • No. of Pages:9
  • Keywords:GDPR; DPO; Expert; Analyst; Occupation; COR;
  • Summary/Abstract:Alongside with the adoption of Regulation (EU) 2016/679 (General Data Protection Regulation, hereinafter GDPR), a new occupation appeared at the level of the European Union, namely the Data Protection Officer (DPO). Gradually, the member states of the European Union (in which the GDPR is fully applicable), have added the DPO occupation in their own dedicated nomenclatures. In Romania’s case, the DPO occupation was added to the Classification of Occupations in Romania (COR) by Order 1786/2017 of the Minister of Labor and Social Justice and of the President of the National Institute of Statistics and received the COR code 242231. In practice, however, at an advanced level of both qualitative and quantitative maturity, it is impossible for a single natural person to fulfill all the duties assigned to the DPO (art. 39 of the GDPR). Thus, the entities that wanted to pay more attention to the protection and confidentiality of personal data, had to create specific functions, assimilated in the internal organizational charts with different designations (data protection analyst, data protection expert, data protection specialist, data protection coordinator, etc.), but without clear equivalence in COR. The assimilations with occupations already registered in COR were various, from analyst (COR code 251201) and information analyst (COR code 242224) to process improvement specialist (COR code 242102), legal adviser (COR code 261103) and others. The transitional situation for specialists carrying out their professional activity in the field of personal data protection - other than DPOs - needs to find stability and homogeneity, while the attention of researchers and practitioners should turn to all categories of specialists of the domain. One of the first measures that would be required in order to eliminate ambiguity, relativity, but also functional inconsistencies, might be the addition of the data protection analyst (with limited, analysis duties), respectively the data protection expert (with extended duties) in Classification of occupations in Romania.
Respectarea de către angajat a obligației de fidelitate față de angajatori în condițiile cumulului de funcții ca urmare a transpunerii Directivei (UE) 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019

Respectarea de către angajat a obligației de fidelitate față de angajatori în condițiile cumulului de funcții ca urmare a transpunerii Directivei (UE) 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019
(The Employee's Compliance With the Duty of Loyalty to The Employers Under The Conditions of the Accumulation of Functions as a Result of The Transposition of Directive (EU) 2019/1152 of the European Parliament and of The Council of June 20, 2019)

  • Author(s):Gabriela Petruţa Ştirbu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:135-149
  • No. of Pages:15
  • Keywords:Loyalty; Professional Activity; Obligations; Minimum Information; Freedom of Work;
  • Summary/Abstract:By Law no. 283 of October 17, 2022 for the amendment and completion of Law no. 53/2003- Labor Code, as well as Government Emergency Ordinance no. 57/2019 regarding the Administrative Code published in the Official Gazette no. 1013 of October 19, 2022, the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on the transparency and predictability of working conditions in the European Union was desired. Directive (EU) 2019/1152 does not provide for the obligation of loyalty to the employer among the information that must be communicated to the employee, although the Directive specifies in Article 9 of its content, the parallel exercise of another professional activity by the same employee, including within another employer. In the version prior to the entry into force of Law no. 283/17.10.2022, this possibility of the employee was regulated in the Labor Code, through the amendment made adding an additional condition and an absolute prohibition to the employer, as a result of the transposition of the Directive. The problem that arises is the way in which the employee will respect his obligation of loyalty to the employers, given that the Labor Code does not provide for express limitations regarding the conclusion of several employment contracts with different employers, although the Directive states that the states members may impose restrictions in this respect. Thus, by law ferenda, the amendment of art. 36 of the Labor Code by precisely defining the terms and establishing limits in which the employee can have the same position (activities, professions, trades) within several employers with respect for the obligation of loyalty and with respect for his freedom of work.
Aplicarea dreptului Uniunii Europene de către instanțele de judecată din România. Eroarea judiciară.

Aplicarea dreptului Uniunii Europene de către instanțele de judecată din România. Eroarea judiciară.
(Application of European Union Law by Courts in Romania. Judicial Error)

  • Author(s):Delia Mihaela Marinescu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
  • Page Range:150-162
  • No. of Pages:13
  • Keywords:European Union Law; Courts; Administration of Justice; Judicial Error; Supremacy of European Law;
  • Summary/Abstract:The correct administration of justice is a defining element for a state of law, whose main mission is to guarantee an act of justice carried out in accordance with the law and the application of national and European legal norms with reference to the factual situation deduced from the judgment, with the aim of respecting procedural rights of the parties. That is why the State must sanction the activity of judicial bodies that exercise their function in bad faith and that violate the rules of law, pursuing or accepting the injury of the rights of litigants, especially considering that errors in the judicial act produce serious consequences not only on citizens who are party to that case, but also on the security of the judicial system as a whole, as an essential part of state security. After Romania's accession to the European Union on January 1, 2007, the changes made in the national legislation, primarily through the adoption of new codes in civil matters, civil procedure, criminal and criminal procedure, highlighted the importance of the priority application of European Union law in the activity courts in Romania, equally for all citizens, without distinguishing themselves according to their quality and status. The main objective of this research is related to the presentation of the legal framework that enshrines the mandatory compliance by national judges of the principle of priority application of European Union law, as well as the exposition of the relevant jurisprudence identified in the practice of the Court of Justice of the European Union. The article analyzes the legal and jurisprudential norms at the level of the European Union in the matter, the manner of their application in the activity of the courts in Romania, in order to respect the principle of the supremacy of the law of the European Union, but also the importance of avoiding cases of judicial error.
Admisibilitatea intruziunii în viața privată a persoanei din perspectivă convențională europeană prin utilizarea investigatorilor sub acoperire și a colaboratorilor

Admisibilitatea intruziunii în viața privată a persoanei din perspectivă convențională europeană prin utilizarea investigatorilor sub acoperire și a colaboratorilor
(Admissibility of Intrusion Into a Person's Private Life From a Conventional European Perspective Through the Use of Undercover Investigators and Collaborators)

  • Author(s):Nadia Zlate
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
  • Page Range:163-173
  • No. of Pages:11
  • Keywords:Special Investigative Methods; Undercover Investigators; Collaborators; Privacy, Necessity; Proportionality;
  • Summary/Abstract:Through this article, we wanted to highlight the importance of using undercover investigators, as a special research method in the criminal process, to obtain evidence, data and information useful for solving the case, but also to emphasize the fact that the regulation of special investigative techniques is focused on the direction of maintaining a fair balance between the purpose pursued and the respect of the fundamental rights of the persons affected by these intrusive research methods, such as the right to private life and the right to a fair trial. The use of undercover investigators may involve intrusion into the person's private life for a shorter or longer period, the type of relationship they establish with the person targeted by the undercover operation may vary, it may be a single contact or multiple meetings where a rapprochement is established between the researched person and the investigator or collaborator. The guarantees imposed by the European Convention of Human Rights and Fundamental Freedoms, as they were developed in the jurisprudence of the European Court of Human Rights, refer to the provision of interference by national law, the measure being necessary in a democratic state and proportionate in relation content and purpose, and the person targeted by the undercover operation to be able to challenge the legality of the measure before an independent and impartial court.
Impactul deciziilor recente ale CJUE asupra jurisprudentei naționale în materie penală

Impactul deciziilor recente ale CJUE asupra jurisprudentei naționale în materie penală
(The Impact of The Recent Decisions of The CJEU on The National Jurisprudence in Criminal Matters)

  • Author(s):Georgiana-Florina Ionescu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
  • Page Range:174-178
  • No. of Pages:5
  • Keywords:Decision; Cooperation and Verification Mechanism; The Prevalence of Union Law; Disciplinary Liability; Impunity;
  • Summary/Abstract:The decision of the CJEU of December 21, 2021 was taken in the related cases C-357/19 Euro Box Promotion and others, C-379/19 DNA-Serviciul Teritorial Oradea, C-547/19 Association "Judges' Forum of Romania", C-811 /19 FQ and others and C-840/19 NC in the context of justice reform in the field of the fight against corruption in Romania, an area that had been the subject of a previous decision given by the Court on May 18, 2021. In these cases, the Court was referred by the Bihor Tribunal and the High Court of Cassation and Justice in order for it to rule on the conformity of some decisions pronounced by the Constitutional Court with Union law, as well as to establish whether the principles of the supremacy of Union law and the independence of judges allow them to leaves unapplied a decision of the Constitutional Court in the context in which, according to national law, non-compliance by magistrates with a decision of the Court constitutes disciplinary misconduct. The decisions of the Constitutional Court that are the subject of the notification submitted by the ICCJ are, on the one hand, Decision 417 of July 3, 2019, which aims to annul some decisions sentencing several people, including former parliamentarians and ministers for tax evasion crimes regarding VAT, such as and of corruption and influence peddling regarding the management of European funds for the illegal composition of the trial panels motivated by the fact that in the cases in which the ICCJ ruled as the first instance they should have been tried by a panel specialized in corruption crimes and, on the other hand part, Decision 685 of November 18, 2018 aimed at annulling the decisions handed down by the ICCJ as an appeal court in which only 4 of the 5 judges who were part of the trial panels were appointed by drawing lots. The decisions of the Constitutional Court that are the subject of the notification submitted by the Bihor Court are Decisions no. 51 of February 16, 2016, no. 302 of May 4, 2017 and no. 26 of January 16, 2019, decisions by which the Court declared unconstitutional the gathering of evidence in the criminal trial with the participation of the Romanian Intelligence Service, with the consequence of excluding them from the evidence for the trial of crimes of corruption and influence peddling.
Raportul dintre dreptul Uniunii Europene și dreptul român, din perspectiva implementării smart contracts

Raportul dintre dreptul Uniunii Europene și dreptul român, din perspectiva implementării smart contracts
(The Relationship Between European Union Law and Romanian Law, from The Perspective of Implementing Smart Contracts)

  • Author(s):Eduard-Alexandru Florea
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:179-185
  • No. of Pages:7
  • Keywords:Smart Contract; Blockchain; Intelligent Contract; IoT; Distributed Ledger;
  • Summary/Abstract:The disruptive potential of new technologies generates perspectives that are likely to lead to a fundamental and multi-dimensional change in the field of contract law. Perhaps the most important dimension of change, the globalizing nature of these technologies, requires a serious analysis of the current balance between national, community, international and transnational legal systems. Smart contracts, as a blockchain application, impose an approach that does not take into account, by its essence, any traditional jurisdiction, be it national or supranational. Thus, an analysis regarding the special relationship between European Union law and Romanian law on this matter, as well as regarding the general compatibility of European Union law, as a supranational system, with smart contracts becomes necessary.
Fenomenul radicalizării - amenințare și provocare pentru spațiul Uniunii Europene

Fenomenul radicalizării - amenințare și provocare pentru spațiul Uniunii Europene
(The Phenomenon of Radicalization - Threat and Challenge for The Space of The European Union)

  • Author(s):Viorel Gheorghe
  • Language:Romanian
  • Subject(s):Criminal Law, EU-Legislation
  • Page Range:189-205
  • No. of Pages:17
  • Keywords:: Radicalization; Terrorism; Security; Extremism; Asymmetric Threat;
  • Summary/Abstract:The definition of an area of security and guarantee of citizens' rights, in the various democracies, is, we must say, a permanence in front of the asymmetric threats foreshadowed, especially after the moment of September 11, 2001. In the context of the effort to complete the "European dream", the European Union it becomes fully involved in the elaboration of security policies, simultaneously, of the normative set and the institutions possessing a concrete mandate in achieving the security objectives. The European Union gives priority attention to the definition of the concepts of Common Foreign and Security Policy (CFSP), along with that of Common Security and Defense Policy (CSAP). It is unequivocal that, in recent years, at the Union level, various institutional and political constructs have made their presence felt, aimed at achieving or contributing to the achievement of normative as well as operational progress, for the prevention and/or countering of threats of asymmetric bill, through legal norms in the area of security and defense policy, so that the fundamental goal - the realization of a space of freedom, security and justice - has become one of capital importance for the perfection of guaranteeing the set of rights and freedoms, especially the right to free movement in the EU area, but also in the field of the protection of the fundamental rights of citizens, proportionally, contributing to providing an adequate response to the urgent problems that, here, in the current volatile strategic context, Union is currently facing radicalization, extremism, terrorism and hybrid threats.
Evoluția conceptului de serviciu public de la accepțiunea funcțională la accepțiunea structurală

Evoluția conceptului de serviciu public de la accepțiunea funcțională la accepțiunea structurală
(The Phenomenon of Radicalization - Threat and Challenge for The Space of The European Union)

  • Author(s):Mihai-Ciprian Bobocică
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:206-217
  • No. of Pages:12
  • Keywords:: Public Service; Activity; Structural Meaning;
  • Summary/Abstract:The article aims to bring up to date the issue of the succinct definition of the concept of public service in Romanian law by reference to European Union law. The adoption of the Administrative Code in 2019 is well known and salutary, but still the legal norm, in our opinion, needs major improvements in terms of creating a definition of the concept of public service that covers both meanings. Through the legal definition of the concept of public service, the Administrative Code refers only to the functional meaning, that of activity of the concept of public service. The structural acceptance of this concept, which considers the support structure through which the activity is provided to the local community, is omitted from the newly created normative framework. A modern administrative Code, as the newly adopted legal norm wants to be, must include an up-to-date definition of the concept of public service. This concept currently requires a double vision, both from the perspective of European Union law and from the perspective of the diversification of public services provided by the state within local communities. Although, in the Treaty on the functioning of the European Union there is no definition of the concept of public service, it talks about services of general economic interest and non-economic services of general interest. The study aims to demonstrate that, in the Administrative Code, the concept of public service should be defined both from the perspective of the functional understanding and from the perspective of the structural understanding of this concept. This double vision of the concept of public service is consistent with the evolution of the concept viewed by reference both to the last category of services mentioned in the treaty, that relating to services of a non-economic nature of general interest, but also to the public broadcasting service, addressed in the document, as well as the notion of public service taken over and used in the Romanian Constitution.
Invocarea în fața instanței de apel a cazurilor de nulitate intervenite în cursul procedurii de cameră preliminară și neinvocate până la încheierea camerei preliminare

Invocarea în fața instanței de apel a cazurilor de nulitate intervenite în cursul procedurii de cameră preliminară și neinvocate până la încheierea camerei preliminare
(The Investigation Before The Appeal Court of The Cases of Nullity Intervented During The Preliminary Chamber Proceedings And Not Invited Until The End of The Preliminary Chamber)

  • Author(s):Ioana Cîrstea
  • Language:Romanian
  • Subject(s):Criminal Law
  • Page Range:218-231
  • No. of Pages:14
  • Keywords:Absolute Nullity; Preliminary Chamber; Applications and Exceptions; Court of Appeal; Procedural Remedy;
  • Summary/Abstract:The issue addressed in this article has become topical with the entry into force of the new criminal procedure code and the increasingly frequent legislative amendments. In practice, it is more and more often observed that absolute or relative nullities are invoked, even before the appeals court, that intervened during the preliminary chamber procedure, but were not invoked until the start of the trial phase before the first instance. Or, in this situation, the question arises to what extent, after the start of the trial, there is the possibility of returning the case to the preliminary chamber as a result of finding a case of absolute nullity. Ab initio, it is necessarily to specify the non-existence in the current legislation of the possibility of declaring extraordinary appeals against the conclusion of the preliminary chamber, regardless of the defects of legality that could be identified. However, in the absence of an appeal, the need to identify an effective procedural remedy is required in the event of a case of absolute nullity which, normally, should be reflected in the conclusion of the preliminary chamber. By Decision of the Constitutional Court no. 802/2017, it was ruled that the legislative solution contained in art. 345 paragraph (1) of the Code of Criminal Procedure, which does not allow the judge of the preliminary chamber, in the resolution of requests and exceptions made or exceptions raised ex officio, to administer other means of evidence other than "any new documents presented" is unconstitutional. Also, by the Decision of the Constitutional Court no. 88/2019 it was ruled that the provisions of art. 281 para. (4) lit. a) from the Code of Criminal Procedure referred to art. 281 para. (1) lit. f) from the same normative act are unconstitutional.
Evoluția normelor aplicabile în penitenciarele europene

Evoluția normelor aplicabile în penitenciarele europene
(Developments in The Norms Applicable in European Prisons)

  • Author(s):Crina Bianca Vereş
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
  • Page Range:232-240
  • No. of Pages:9
  • Keywords:Safeguarding of Human Rights; Prisons; European Law; Legal Compliance;
  • Summary/Abstract:Human rights standards are constantly evolving. At international level, the trend is for human rights to expand more rapidly than at national level. For this reason, the transposition of European standards and recommendations is not perfectly aligned and standards of protection continue to differ from one Member State to another. The situation is all the more worrying when we consider the rights of persons deprived of their liberty. Analysing the latest developments in the field of protection of persons under criminal sanctions, we can identify the contrast between the degree of compliance with standards in the safeguarding of human rights in Romania and the ones imposed at European level.
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