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THE RISKS OF A BORROWING AGREEMENT IN A FOREIGN CURRENCY FROM THE PERSPECTIVE OF JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Author(s): Ioana Claudia Florea / Language(s): English Issue: XI/2017

In the current context of numerous court litigation of foreign currency loans, especially those in Swiss francs, it is appropriate to refer the matter to the Court of Justice of the European Union, due to protecting consumers rights requiring constant attention. It is the duty of the national court to verify: the existence of a possible imbalance between the parties' services or the classification of the clauses in the contracts concluded with consumers as abusive or the professional fulfillment of the obligation to inform; depending on the circumstances and particularities of each case. It is also for the national court to rule on the matter and it is for the Court to elict the criteria that the national court may or must apply when examining the contractual terms. Thus, the Court's decision is binding on all national courts which are subject to similar cases. Thus, the possibility of extending the solution to cases involving loans in other currencies also arises and may even lead to a change in the jurisprudence of national courts.

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CONTRIBUTIONS TOWARDS ELUCIDATING THE CONCEPT OF „RESTRICTION OF COMPETITION BY OBJECT”

Author(s): Ioana Claudia Florea / Language(s): English Issue: XII/2018

The purpose of this article is to provide stakeholders, students and law practitioners with an analysis of the incidence of competition rules on restrictive practices and, in particular, of restricting competition by object.Starting from the policy of the European Union, the framework of the analysis is based mainly on legal criteria, without ignoring the economic criteria, the latter describing the facts that underlie the agreements and the context in which they are concluded. For example, companies’ market share, the market structure and other indices are fundamental elements which can provide evidence of a possible cartel.On the other hand, given the large possible types of agreements and the diversity of market conditions in which they are organized, it is important to identify the criteria on which to assess the compatibility of an agreement with competition rules, and in particular the impact on which may have an agreement on the market.Finally, the criteria cannot be found in a checklist, with each case being analysed according to facts, behaviours and other elements that circumscribe restrictive competition agreements.These considerations call for research and identification of situations where the „object” is a reference as well as a mean of restricting competition.Undoubtedly, in assessing an agreement that highlights the restriction of competition by object, it is absolutely necessary to refer to the decisions of the European Commission and to the case-law of the Court of Justice of the European Union.

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THE INTERDEPENDENCE BETWEEN THE EUROPEAN UNION'S INTERNAL AND EXTERNAL SECURITY - A LEGAL PERSPECTIVE

Author(s): Laura Simona Todoruţ / Language(s): English Issue: XII/2018

If we were to consider it from a traditional perspective, the field of “internal security” - political stability, crime fighting, public order - was considered to be distinct from the “external security” - conflict management, military and civilian operations - despite the unanimously accepted interdependencies, such as that internal stability promotes external peace and vice versa. The involvement of the internal security actors, such as the police force and law- making and law enforcement institutions, on the one hand, and diplomatic agents and armed forces, on the other hand, has led to the further of independence, of course, relative, of these two dimensions of security. However, the increasingly blurred delimitation between external threats and internal threats, the internationalization of terrorism or organized crime, the uncontrolled migration generated by the fundamental changes in the organization of nation societies, have caused the blurring of the existing gap between internal and external security. This article aims to analyse the issue of complementarity and interdependence between the normative framework on which the European Union's internal security policy and external policy are built, with emphasis on the impact of the Treaty of Lisbon and the European acquis in the field have had on the existing political and legal system.

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THE ROLE OF JUSTICE IN STRENGTHENING THE STATE OF LAW, AXIOLOGICAL REFERENCE OF THE EUROPEAN UNION

Author(s): Mircea Tutunaru / Language(s): English Issue: XIII/2019

In a rule of law, law enforcement is an essential requirement for the stability of public order and the harmonious development of the social life. Ensuring the legality implies the duty of every citizen to comply with the general provisions of the law. In the system of separation of powers, the judiciary has a number of key tasks in ensuring the proper functioning of all state mechanisms, guaranteeing the citizens’ rights and freedoms. Acting as a balancing factor between the legislative and the executive powers, the judiciary is called upon to repair any possible malfunctions in the system of separation of powers, to allow by the specific means to repair some injustices, to eliminate any unwanted abuses of power, while guaranteeing the rule of law and contributing to a convincing picture of the principles and values of democracy.

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SOME CONSIDERATIONS THE CRISIS OF CONTEMPORARY LAW WITH THE CONSEQUENCE OF ALTERING THE SACROSANCT PRINCIPLE OF THE FUNCTIONING OF THE RULE OF LAW

Author(s): Valentin Stelian Bădescu / Language(s): English Issue: XIII/2019

The Romanian legal culture prior to 2007 was based on the traditional valences expressed in the Romanian legal doctrine, based on the principles of the historical school of law. In this sense, the legal culture, based on the idea of people's conscience, had a significant relevance in shaping the Romanian law system. With the accession of Romania to the European Union, the significant weight in structuring the legal culture and implicitly of the Romanian law system has been taken over by the legal positivism, which allows a better settlement in the current context, in which the competition of the different national legal cultures of the Member States must accepts the influence of European legal culture. The concrete projection of the influence of the European legal culture can best be observed at the source of the law. The whole complex of the sources of Romanian law has been significantly modified, as a result of Romania's accession to the European Union. Thus, the provisions of the treaties are priority over the internal legal norms. Moreover, the legal system of the European Union has mechanisms through which it can intervene on domestic law, as is the case with the decisions of the Court of Justice of the European Union in interpreting the provisions of the constitutive treaties. The current state of the Romanian law system represents a combination between the traditional Romanian system, based on the principles of Roman-German law, but which is largely and irreversibly influenced by the European legal culture. Moreover, if in 2007 the share of the influence of European legal culture was quite small, at present it has a major influence in the development of the Romanian legal system, an influence that will continue to grow.

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SOME ASPECTS RELATED TO THE COMPETENCE OF THE EUROPEAN PROSECUTOR AND OF THE EUROPEAN DELEGATED PROSECUTOR

Author(s): Gina Negruţ / Language(s): English Issue: XIII/2019

To prevent and fight fraud against the financial interests of the European Union, the European Parliament and the Council of the European Union have adopted provisions which criminalise all material acts that effect an illegal diminution of the revenues from the general budget of the European Union, and which Romania needed to ratify so it can contribute directly to holding offenders liable and imposing sanctions. To that end, with the entry into force on 20 November 2017 of the Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’), it was necessary to appoint a European Chief Prosecutor, European Prosecutors and European Delegated Prosecutors. Therefore, the Government adopted the Government Extraordinary Decree no. 8/2019 on some measures for the implementation of the Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’).

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NATIONAL SUPERVISION VERSUS EUROPEAN INTEGRATION

Author(s): Elena Florentina Nica-Dinu / Language(s): English Issue: XIII/2019

The new concept of sovereignty is related to the notion of European integration. The proclamation and recognition as a sovereign state in terms of international law are key aspects for understanding the field of international relations. Today, the classical sense of sovereignty is changed, because we are talking about a power and collaboration between it and the Member States. We must also mark the moment of globalization, which is in opposition to the concept we are talking about. In this article we underline the idea that membership in the European Union needs to be waived. At the same time, we can talk about common sovereignty and the fact that sovereignty does not disappear, but that it is purely limited. So, in order to avoid a conflict, we should not know who has concrete sovereignty, but we must believe that each party is sovereign.

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EUROPEAN SUBSTANTIVE LAW PRINCIPLES THAT GOVERN EU’S ACTION IN THE COMMON SECURITY AND DEFENCE FIELD

Author(s): Laura Simona Todoruţ / Language(s): English Issue: XIII/2019

The fundamental characteristic of the European Union law principles is precisely that it encompasses the typicality of the European law in relation to other judicial systems, at international and state level. These principles represent, on the one hand, the expression of the fundamental values enshrined in the founding treaties of the organization, and on the other hand, they are a reflection of the case law of the Court of Justice of the European Union and are at the foundation of the whole European legal system. The legitimacy of placing these principles at the core of the European security and common defence policies is given by the status of the European Union as a subject of law. The importance of identifying and shaping the principles that govern European construction, and consequently its policies of common security and defence, is all the more justified if we consider the increasingly active role that the EU has assumed in the last years in managing the 'globalized world'. Starting from these premises, the present article aims to analyze the influence that the principles of European law have on the European security and common defence policies.

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NULLITY AND INEFFECTIVENESS OF CONTRACTS AS A CONSEQUENCE OF VIOLATION OF EU COMPETITION AND PUBLIC PROCUREMENT RULES

Author(s): Ondrej Blažo / Language(s): English Issue: 4/2020

The presented paper will focus on the extent of requirements of EU law for nullity or ineffectiveness of contracts in specific areas linked to functioning internal market: competition law, including agreements restricting competition, abuse of dominant position, merger control and state aid, and rules of public procurement. The scope of EU-law-based nullity is quite limited and only Art. 101(2) TFEU provides expressed nullity of agreements restricting competition. In the case of abuse of dominance, nullity of contract constituting abuse of dominant position can be drawn from the principle of effectiveness of EU law. Validity or nullity of contracts violating suspension clause in merger control regime are assessed in two periods - before decision on merger and after decision of the Commission. State aid regime cannot rely on EU-law-based nullity of contracts that violate EU state aid rules. Finally, public procurement rules appear the most complex in this context since they operate with the “right” of the contracting authority to terminate contract and power of revision authority to declare “ineffectiveness” of illegally awarded contract, and therefore revision of directives is suggested.

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WESTERN BALKANS REGIONAL COMMON MARKET. WHAT LESSON CAN BE TAUGHT FROM EEA? - A CASE STUDY OF PUBLIC PROCUREMENT

Author(s): Hana Kováčiková / Language(s): English Issue: 4/2020

The European Union pursues on the international scene to safeguards its values, support the rule of law, foster the sustainable economic, social and environmental development and support the integration of all countries into the world economy including through the progressive abolition of barriers on international trade.1 Trade agreements are used as an effective tool to this end. Within its present external action, European Union tries to cover its trade relations regionally homogenously. Through regionally homogenous trade agreements, Union can export its values, principles, and rules easier, which is also a way of strengthening its position geopolitically. This paper analyses trade agreements concluded between the European Union and candidate countries from Western Balkans. All these agreements recognise the accession to the European Union as their final goal. To achieve it, candidate countries need to fulfil various conditions, including the approximation and harmonisation of their legal orders with the EU acquis. Just recently (in November 2020), Western Balkans countries’ leaders announced the creation of Regional Common Market which shall serve as a tool for approximation with European Union's Internal Market Rules. To this regard, author analysed the European Economic Area, where the export of European Union's Internal Market Rules was successfully realised, and which might therefore serve as an example for pre-accession cooperation between Western Balkans countries and European Union. Author chose the area of public procurement as a model case study.

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The European union market from the aspect of the competition and basic values of Roman law

Author(s): Milica Stojković / Language(s): English Issue: 4/2020

The rich treasury of Roman law requires a continuous scientific research. The values of Roman law in the process of globalization are achieving the notable results in the creation of a new ius commune. Today, the logistical aspect of the European legal systems takes place in the domain of Roman law, and some of its values are recognizable in the course of economic life on the market within the encounter of the national and European Union Law. The methodological and institutionalized framework of the competition law is used to achieve positive effects in the single market, paving the way for the even distribution of social wealth. The market cannot neutralize the behavior of business entities using the competition to achieve extra profits. So, detecting and placing all possible forms of embezzlement used by business entities under the legal framework is a difficult task dealt with by competition policy entities, largely using the legal institutes of Roman law.

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European consumer law in the digital single market

Author(s): Ovidiu Ioan Dumitru,Andrei Viorel Tomescu / Language(s): English Issue: 2/2020

In the context of current pandemic crisis due, social distancing and quarantine measures were imposed by states due to the high risk of infection by going out of the house for buying the goods and services that are required. Naturally, there has been an increase in online acquisitions, use of online entertainment and online tools for professional purposes. This has increased the level of demand alongside the consumption in the online sector which forces the suppliers to become more inventive in order to sell their products and services and make them more accessible, price wise, in better meet the expectations. Unfortunately, this being a highly abrupt shift with no precedence, forcing the traders and providers in the online sector to cut corners in order to keep up and, as a consequence, may affect the consumers. All these being said, although we speak about unprecedented context, the European Union, over the last two decades, has enacted more directives and regulations in order to keep up with this market’s unique and high innovation rate with thegoal to ensure the consumer’s protection. This papers analysis the evolution of the European Consumer Law starting with the minimum harmonisation approach and gettingto new acts which try to fully harmonise the area for the attainment of a functional internal market, a Single Market which is, nowadays, pressured by the digital revolution and social distancing to change perspective, as customers are interacting with the business in differentways they did once and the digital content is becoming the main product or service to be supplied.

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The United Kingdom withdrawal procedure from the European Union

Author(s): Antonio Goucha Soares / Language(s): English Issue: Special/2020

This article is about the United Kingdom’s withdrawal procedure from the European Union, in the aftermath of the Brexit referendum. It analyses the action of the political institutions involved in the withdrawal agreement negotiations, in particular, the constitutional dispute about the exit deal between the UK Government and the Parliament, as well as the way the European Union acted in the course of the whole procedure. Special attention will be given to the decisions delivered by the UK Supreme Court and by the European Court of Justice regarding the withdrawal procedure. The article aims to offer a new perspective, different from the prevailing accounts on the United Kingdom withdrawal negotiations, one that is based on a critical analysis of the attitudes of the main actors in the exit agreement, trying to apprehend their interaction during the whole process.

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ASMENS DUOMENŲ APSAUGOS PRIEŽIŪROS INSTITUCIJOS VAIDMENS PASIKEITIMAI PRIĖMUS BENDRĄJĮ DUOMENŲ APSAUGOS REGLAMENTĄ

Author(s): Raimondas Andrijauskas,Danguolė Morkūnienė / Language(s): Lithuanian Issue: 2/2020

The introduction in Lithuania of new regulation on the protection of personal data is in direct response to the mandatory requirement for uniform and up-to-date legislation in all member states of the European Union. The aim is to ensure the fundamental human right that personal data is protected – as well as to create conditions for the development of the digital economy and to strengthen the fight against crime and terrorism.The data protection package adopted on 27 April 2016 split the State Data Protection Inspectorate of the Republic of Lithuania into two parts: before and after the General Data Protection Regulation. To a greater or lesser extent, the latter has impacted the Inspectorate and almost all of its inspection activities in the performance of tasks set out in the Regulation. The first steps taken by the personal data protection supervisory authority in applying the Regulation and strengthening international cooperation have established a strong basis for the effective protection of personal data. However, the General Data Protection Regulation will continue to require greater attention from the supervisory authority.

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Red Signal from Karlsruhe: Towards a New Equilibrium or New Level of Conflict?

Author(s): László Blutman / Language(s): English Issue: 2/2020

In its PSPP decision, the German Constitutional Court for the first time declared an EU act ultra vires. The decision resulted in a flood of studies, blog posts, and comments. Most criticised the verdict raising a series of objections. We agree with some objections. However, the present study approaches the judgment from the other side. It seeks to understand the situation of the constitutional courts of Member States in the EU legal system, to examine their main dilemmas in relation to EU law, and to explore their possibilities regarding their main task, which is the protection of constitutions. The study highlights the fundamental structural tension that currently characterises the EU legal system concerning Member States’ sovereignty and examines how a balance can be struck in addressing this tension.

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Iceland and the European Economic Agreement: 25 Years of Cooperation

Author(s): M. Elvira Mendez-Pinedo / Language(s): English Issue: 1/2021

In 2019 the Minister for Foreign Affairs of Iceland presented for the first time a special report to the Parliament (Althingi) on the status and implementation of the European Economic Area (EEA) Agreement. This international/European treaty based on a two-pillar structure (EU on one side and EFTA-EEA States on the other) has transformed the Icelandic legal, political and economic environment in the 25 years since its ratification. The objective of this study is to review the story of this successful European cooperation (extension of the internal market and fundamental freedoms) while focusing on difficult issues that appeared in the aftermath of the financial crisis (Icesave saga, finally resolved in favour of Iceland by the EFTA Court). It also aims to explain some reasons behind Eurosceptism in the country. Primary sources are both legal acts and relevant case-law from European courts, combined with doctrinal studies in the fields of law and political science. Methodology is both descriptive and analytical since all legal issues are approached from a wider economic, political and sociological context. The most important finding of the study is that nothing substantially important has altered fundamentally the preference of Iceland for EEA cooperation rather than full EU integration.

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ASPECTE PRIVIND NEDISCRIMINAREA. ANALIZA DIRECTIVELOR EUROPENE

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 45/2021

Discrimination in legal employment relationships is based on inequality of treatment with regard to the recognition of employees’ rights, through non-compliance with the relevant legal provisions, found in international, European and national law. In this sense, discrimination consists in a practice of not applying the requirements of the protected criteria established in the normative acts, by achieving direct or apparently neutral acts, but which induce a difference in the treatment applied between employees, which have the effect of restricting, removing the use or exercise of employees’ rights in employment relationships.The article details the phenomenon of discrimination in legal employment relationships, with reference to regulations contained in Directives 2000/43 / EC and 2000/78 / EC, containing elements of analysis and practice in this area.

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Objective Justifications in Predatory Pricing

Author(s): Raimundas Moisejevas / Language(s): English Issue: 1/2011

Abuse of a dominant position is one of the key aspects in EC competition law. The Court of Justice and General Court acknowledge that sometimes the actions of dominant undertaking that might be recognized as abusive should not be prohibited on the basis of Article 102 TFEU, if undertaking provides objective justification or proves that its actions generate positive effect which outweighs negative outcome on competition. Therefore, actions that usually are regarded as predatory pricing, which is one of the forms of the abuse of a dominant position, in case of special circumstances might be recognized as legitimate. In the present case, attention should be devoted to objective justifications, since this provides the basis for evaluation of legitimate, pro-competitive reasons that explain why undertakings may establish prices lower than costs. This article is devoted to the analysis of objective justification, which might prove that allegedly abusive behaviour is actually legitimate. Plenty of factors might be recognized as objective justifications, therefore it is quite difficult to provide a finite list of justifications.

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Regulation of international data transfers under EU data protection law

Author(s): Veronika Stoilova / Language(s): English Issue: 1/2021

This study seeks to identify the specifics of personal data protection in the context of EU legislation. The focus is on the personal data transferred outside the Union. It is described how the EU data protection law provides specific measures in order to ensure the protection of individuals and legal persons from malicious acts. The article also highlights the reform of the EU data protection legislation in the context of the reliability of the data transfer mechanisms to third countries. The legal regulation in this matter goes through various stages of development, and the latter one includes the implementation of rules with a focus on ensuring greater data sharing between institutions and companies. The analysis of the international data flows as a priority topic in relations between the EU and countries outside its borders, including international organizations, also find its place in the study. In this sense, transfers to specific sectors based on specific international agreements will be considered in connection with the improvement and strengthening of the existing procedures for international data transfer.

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Rolul actual al CJE ale UE în Sistemul instituțional juridic al Uniunii Europene

Author(s): Maxim Toncoglaz / Language(s): Romanian Issue: 01/2021

In this article, we will discuss the role of the ECJ in the EU legal order. The concept of general principles of law is of great importance today for deepening the process of European integration, the formation and development of EU law as a whole. An important role in its development and consolidation lies with the EU Court of Justice. Its consistent practice has led to the formation of the very concept of EU law and the recognition of its general principles. // The Court of Justice of the European Union not only models the concept, but also ensures that the general principles of law are respected by all the institutions of the European Communities and the Member States, which in turn contributes to strengthening the legitimacy of the Communities and of the Union and their legal system and, on the other hand, contributes to a more dynamic integration.

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