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Examen selectiv din practica judiciară a Secţiei de contencios administrativ şi fiscal a Înaltei Curţi de Casaţie şi Justiţie

Author(s): Ciprian Ene / Language(s): Romanian Issue: 04/2024

The two decisions are presented together because they concern two solutions identified in the category of non-unitary practice of the High Court of Cassation and Justice and were the subject of analysis and discussions at the Meeting of the judges of the Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice on November 5, 2024.

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E.S. Tănăsescu, M. Safta, Legistica formală: tehnica legislativă în România, Ed. C.H. Beck, Bucureşti, 2024

Author(s): Alexandru Daniel Marinescu / Language(s): Romanian Issue: 04/2024

This article is a book review of E.S. Tănăsescu, M. Safta, Formal Legistics: Legislative Technique in Romania, C.H. Beck Publishing House, Bucharest, 2024.

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RECENZIE asupra monografiei Puterea executivă şi administraţia publică, aflată la a 3-a ediţie, revizuită şi adăugită, Ed. Universul Juridic, Bucureşti, 2024, autori: prof. univ. dr. Ioan VIDA; dr. Ioana Cristina Vida

Author(s): Ioan Vida,Ioana-Cristina Vida / Language(s): Romanian Issue: 04/2024

The third edition of the monograph, revised and expanded, continues the scientific endeavor by enriching it with up-to-date scholarly references, references to the influences of European Union law, and a substantial body of case law developed in the post-revolutionary decades.

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Despre Exerciţiul atribuţiilor preşedintelui României

Author(s): Violeta Niculescu / Language(s): Romanian Issue: 04/2024

The Universul Juridic Publishing House recently published the second revised and expanded edition of the volume The Exercise of the President of Romania’s Powers, authored by Dr. Ioana Cristina Vida. This work presents a thorough analysis of the role, responsibilities, and position of the President within Romania’s constitutional framework. It provides an exhaustive examination of the power dynamics between the President of Romania and other fundamental state structures, including Parliament, the Government, the Constitutional Court, and the judiciary.

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Conferinţa bienală, ediţia a X-a, Facultatea de Drept din Oradea, 13-14 decembrie 2024

Author(s): Narcisa Daraban / Language(s): Romanian Issue: 04/2024

On December 13-14, 2024, the Faculty of Law at the University of Oradea, honoring the old and prestigious traditions established in 1788 with the founding of the Royal Academy of Law on the banks of the Crișul Repede River, organized the 10th edition of the Faculty of Law Biennial. Continuing to bring together legal experts, both theorists and practitioners, to discuss current topics, this year's biennial featured, for the first time, four specialized conferences and a roundtable dedicated to legal professions.

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Dubla semnificaţie a zilei de 25 mai pentru protecţia datelor care au caracter personal

Author(s): Augustin Fuerea / Language(s): Romanian Issue: 1-2/2024

May 25 will long remain in the knowledge and consciousness of all Europeans (both in EU member states and beyond) as a day of dual significance. On one hand, it marks the entry into force of Regulation (EU) 2016/679 on data protection, and on the other hand, it symbolizes the date from which this regulation became applicable. What differentiates these two dates? Formally, the only distinction lies in the years in which the two events occurred: May 25, 2016 – the date the regulation entered into force, and May 25, 2018 – the date it became applicable.

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Câteva clarificări jurisprudenţiale privind răspunderea operatorului în cazul nerespectării obligaţiei de a asigura securitatea prelucrărilor*

Author(s): Dana Volosevici / Language(s): Romanian Issue: 1-2/2024

The challenge of implementing technical and organizational measures under the GDPR is multifaceted, requiring a transdisciplinary analysis that encompasses technical, legal, and organizational dimensions. Judicial clarifications from the Court of Justice of the European Union are pivotal in providing a unified and accurate interpretation of GDPR provisions, thereby offering essential guidance to both data controllers and supervisory authorities. This paper examines the scope of the controller's obligation to ensure the security of personal data processing and its liability in the event of breaches of Articles 24 and 32 of the GDPR, with a particular focus on the VB v. Natsionalna agentsia za prihodite case (C 340/21).

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Impactul inteligenţei artificiale în procesele decizionale din administraţia publică

Author(s): Samuela Rostas / Language(s): Romanian Issue: 1-2/2024

In the last decades, public administration has seen an unprecedented evolution, starting from the use of tools such as Information and Communications Technology (ICT), to the concept of E-Governance, to “Smart City” or “Artificial Intelligence”. The concept of “Artificial Intelligence” implies the ability of a device to imitate human functions such as reasoning, learning, planning and creativity, as well as the use of software and systems that can perceive the environment in which it operates and solve problems by acting to achieve a certain objective. Today, artificial intelligence is considered a central element of the digital transformation of society, becoming a priority for most states, it is already present in our lives. We encounter and use artificial intelligence in our daily lives and often do not realize it, for example the ads or suggestions we receive on social networks based on user preferences or search history, in facial recognition software, translation or navigation directions when driving a car. The efficiency of the use of artificial intelligence is indisputable, however, we must bear in mind that the benefits of using artificial intelligence come with major risks, which can have consequences that are difficult to fix or even irreversible. Through this article we aim to explore how the use of artificial intelligence can improve the efficiency of decisions taken by public administration staff, but also about the ethical and regulatory challenges associated with its use.

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Transferurile de date cu caracter personal – între interese şi drepturi

Author(s): Vasile Adrian Camarasan / Language(s): Romanian Issue: 1-2/2024

Protecting personal data has become an international necessity considering the technological development, the integration of global markets and the accelerating process of globalisation. Deriving from the fundamental right to respect for private and family life, the protection of personal data has become a priority for states, regional and international organizations, regardless their general competencies and goals. Today's regulatory framework in this field represents, thus, the synthesis result of over 50 years of efforts at the international level to ensure the protection of the rights of data subjects and has two fundamental components in mind: the protection of personal data and their free movement. In this context, the most challenging area is represented by the international transfers, considering that they refer to the circulation of data from one protection system to another, which must demonstrate adequate protection standards. In this respect, the article herein aims to carry out both an analysis of the steps taken in order to build today’s framework in terms of transfers and a review of how they are currently carried out with reference to the need to ensure the balance between the rights of individuals and interests operators, authorized persons and states.

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Reflecţii asupra inteligenţei artificiale şi a justiţiei penale

Author(s): Oana Elena Iacob / Language(s): Romanian Issue: 1-2/2024

In the present study, starting from general aspects related to the way in which artificial intelligence is interpreted by specialists, a brief analysis is made of the opinions outlined in the doctrine regarding the possible complicated situations that this could generate at the social level, including in the legal field. Some opinions are presented on the question whether it is necessary to recognize artificial intelligence as a subject of criminal law and whether it is necessary to punish it criminally, and finally, some personal opinions are presented on this aspect and on the role that artificial intelligence could play in the sphere of criminal law.

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Echilibrul în retenţia datelor personale

Author(s): Elena Grecu,Mihaela Bălău / Language(s): Romanian Issue: 1-2/2024

Balance, which is omnipresent in every branch of law, is the notion that underlies even the field of personal data protection, as is clear from the analysis of the relevant provisions, both European and national. The principles relating to the processing of personal data, in particular the purpose limitation principle and the storage limitation principle, relate to “moderation”, balance and good organization of personal data processing processes.

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Prelucrarea datelor cu caracter personal în raporturile de muncă

Author(s): Silvia Sandu / Language(s): Romanian Issue: 1-2/2024

Although the processing of personal data appears to be a prerogative of the employer, implementing any measure for the surveillance/monitoring of the employees should be done based on a specific legal assessment of the terms and conditions under which the processing of these data could take place, so that the employer may exercise its right of control towards the activity carried out by the employee, while ensuring the observance of the fundamental rights and freedoms of the employees.

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Limitarea accesului pe piaţa muncii a Responsabililor pentru protecţia datelor (DPO). Diferenţa între cerinţele solicitate de legislaţie şi interpretarea eronată a departamentelor de HR din România

Author(s): Andreea Maria Boţîrcă Nicolae / Language(s): Romanian Issue: 1-2/2024

Since May 25th, 2018, the General Data Protection Regulation has been in force, and a new type of expert has emerged with a vital role in the proper implementation of the regulation – namely, the Data Protection Officer (DPO), as defined by Articles 37-39 of the GDPR and Article 10 of Law 190/18 July 2018, with subsequent amendments and additions. However, there remains considerable confusion among employers regarding the educational requirements for hiring DPOs, with the majority insisting on law graduates, which often restricts access to the labor market for data protection experts from other backgrounds. The present article aims to provide clarity on who can serve as a data protection officer and what educational background and competencies they should possess, in accordance with both GDPR provisions and Romanian legislation. It will also examine the existing occupational standard in the COR (Romanian Classification of Occupations), with the goal of ensuring that access to the labor market remains open to qualified data protection experts regardless of their specific academic background.

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Standardele care impun condiţii de excepţie pentru ca Guvernele şi autorităţile executive să aibă acces la datele cu caracter personal deţinute de entităţile private

Author(s): Nicolae Ploesteanu / Language(s): Romanian Issue: 1-2/2024

The study is inspired by the events of December in Romania related to the conduct of elections, a context in which the question was raised to what extent law enforcement authorities knew or had the possibility to know personal data during the electoral elections in order to order their annulment. Further on, the material aims to present to the Romanian readers that there are standards that any Government must comply with and these standards can be the necessary criteria to assess whether we are in the presence of a scenario or a correct application/fulfillment of these standards.

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Consilierul juridic în era noilor tehnologii

Author(s): Aurelia Liana Tudorache,Cătălin Daniel Braicovici / Language(s): Romanian Issue: 1-2/2024

The history of humanity is marked by significant technological advances that have profoundly transformed the economic, social and legal structures of society. This paper explores the evolution of the role of legal counsel in this changing landscape, analyzing both national and international challenges related to the regulation of Artificial Intelligence and the protection of personal data. In a globalized world in which technology is rapidly transcending traditional legal boundaries, legal counsel plays a critical role in navigating between technological innovation and the need to protect the fundamental rights of individuals.

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Protecţia datelor cu caracter personal în procedura de avizare şi autorizare a membrilor organelor de conducere de către Autoritatea de Supraveghere Financiară

Author(s): Dragoş Călin / Language(s): Romanian Issue: 1-2/2024

In the framework of the administrative procedure for the approval and authorization of the members of the management bodies, the Financial Supervision Authority, by the effect of the law, processes personal data belonging to the persons concerned by this procedure, but also personal data of some persons who do not fall within the scope of the procedure of administrative approval made by this Authority, persons who must enjoy a high level of protection from this institution regarding the processing of personal data.

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AI Act şi profilarea persoanelor vizate prin intermediul sistemelor IA

Author(s): Cătălina Pantilimon / Language(s): Romanian Issue: 1-2/2024

Responsibility for the creation and use of new technologies belongs exclusively to HUMANS. From a legal Point of view, the ability to contract is an extraordinarily powerful tool that the AI Act promotes in a sustained manner in identifying, regulating and effectively managing the risks that AI systems entail. The principle of responsibility – enshrined by the GDPR as the foundation on which all actions of the data controller who processes data of data subjects in the activities carried out to achieve its own purpose or object of activity – offers a complex and efficient mechanism for initiating a diligent and responsible conduct when operating with personal data, an extremely valuable component in the legal ecosystem of legislating new technologies ethically and without suppressing innovation. Given this equation, we can consider the provisions of art. 22 of the GDPR as at least visionary, because the creation of profiles in the interaction of the controller with data subjects is unsurprisingly potentiated in direct proportion to the associated risks, at an individual and social level. The profits of companies are nowadays conditioned by the profiling of subjects who use AI systems in a transformative way for the Internet of Things, which is why the temptation of non-compliant/illegal practices in the development and exploitation of emerging technologies is clearly increased, which requires, once again, a vigilant eye from well-trained specialists in new technology law.

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Dimensiuni ale eticii IA din perspectivă internaţională şi unională

Author(s): Andra Nicoleta Puran / Language(s): Romanian Issue: 1-2/2024

Today, we live in a time when humanity is marked by an extremely complex political and economic context, by chaos, crises, but also by a fulminant development of science and, above all, of artificial intelligence (AI). In the period of the „fourth industrial revolution” (or „(r)evolution AI”), we must be aware that, in addition to the multitude of advantages it brings to humanity, it also generates multiple ethical problems, given the lack of a clear legal framework at Union and international level. In the face of these challenges, fortunately, the reactions did not take long to appear at the international level, at the European level and of the EU institutions. This study proposes a brief reflection on the issue of ethical principles that have been taking shape in recent years at the European and international level in the field of AI, based on the fundamental idea of promoting a human-centered AI that serves the common good, that respects fundamental rights and general ethical values.

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Tranzacţiile şi documentul electronic. Esenţa, natura şi regimul juridic în Republica Moldova

Author(s): Alexandru Mariţ / Language(s): Romanian Issue: 1-2/2024

Online sale is a form of sale of goods outside standard stores by using electronic means of information processing; and the electronic sales contract is a contractual construction, an original species of the classic sales-purchase contract. According to national legislation, the electronic document represents information in electronic form, created, structured, processed, stored and/or transmitted through the computer or other electronic devices, signed with the electronic signature.

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Comunicat ANSPDCP – Regimul sancţionator pentru sectorul public

Author(s): Not Specified Author / Language(s): Romanian Issue: 1-2/2024

This study examines the distinct sanctioning regime for public sector entities in Romania concerning data protection violations, as established by Law No. 190/2018. Unlike the private sector, which is directly subject to fines under Article 83(4) and (5) of the General Data Protection Regulation (GDPR), the enforcement mechanism for public authorities follows a two-stage approach. Initially, the National Supervisory Authority for Personal Data Processing (ANSPDCP) must issue a warning accompanied by a remediation plan (Article 13).

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