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Regulamentul nr. 1/2003: O evaluare după douăzeci de ani

Wouter P.J. WILS

Numărul 2 Anul 2023

Regulation 1/2003 brought about a radical change in the way in which the EU antitrust prohibitions contained in Articles 101 and 102 TFEU are enforced. The previous enforcement regime, under Regulation 17, which dated from 1962, was characterised by a centralised notification and authorisation system for Article 101(3) TFEU. Regulation 1/2003 abolished this system and replaced it by a system of ex post enforcement. The objectives of this refor...

De ce este mai bine ca fiecare dispoziţie a unei directive a Uniunii Europene să fie tratată ca o dispoziţie având efect direct (orizontal)

dr. Michal BOBEK

Numărul 2 Anul 2023

The provisions of EU directives do not have horizontal direct effect. This contribution explains how that initial choice and statement made by the Court of Justice of the European Union in Marshall came to be gradually undermined by the numerous exceptions to this rule. If viewed together, they make one wonder about the nature of the present-day rule and the exceptions, in particular in areas like employment law or various aspects of prohibiti...

Transformarea abordării Curţii Europene de Justiţie referitoare la trimiterile preliminare provenite de la organe administrative ale statelor membre

Morten BROBERG

Numărul 2 Anul 2023

According to Article 267 TFEU, a ‘court or tribunal of a Member State’ can make a preliminary reference to the Court of Justice. The Court applies a single, homogeneous definition of a ‘court or tribunal’. This has allowed it to admit references from those specialised, independent, administrative bodies that in several Member States have been established instead of administrative courts to decide claims under public law, including EU law. Whet...

Tradiţiile constituţionale comune

Jacques ZILLER

Numărul 2 Anul 2023

The article presents the evolution and meaning of the concept of “constitutional traditions common to the Member States” in EU law. The Court of Justice of the European Union (“CJEU”) used this concept for the fi rst time in Internationale Handelsgesellschaft, in December 1970, by taking over a concept coined in 1949 for the Council of Europe. The author argues that on the whole there is only a limited added value to the concept of common cons...

Statul de drept și identitatea constituţională a Uniunii Europene

Koen LENAERTS

Numărul 2 Anul 2023

The article deals with the implications that the values of the European Union have for the Member States, bearing in mind the central place of these values, listed in Article 2 TEU, in the European legal order. Among these values, the rule of law is the backbone of the modern democratic society. Courts of law – as independent arbitrators – are the guardians of the rule of law. Given the central role of national courts in the EU’s constitution...

Consimțământul: un ingredient esențial pentru cookie?

Ioana RUSU

Numărul 1 Anul 2023

The present article analyses the consent as a foundation for the use of cookies. In the case of cookies, the lack of consent or its inadequacy is one of the most frequent causes of incidents related to the protection of personal data. The explanation would reside in the fact that, in the current legislative context, there are (still) no binding legal rules on this issue. Instead, there are guidelines issued by the supervisory authorities of th...

Relația dintre protecția datelor și inteligența artificială. Impactul reglementării inteligenței artificiale în Uniunea Europeană

Prof. univ. dr. Daniel-Mihail ŞANDRU

Numărul 1 Anul 2023

The Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on Artificial Intelligence (the Artificial Intelligence Act) gives the opportunity to discuss not only issues related to positive law or the future impact of artificial intelligence regulation on data with personal character but also topical aspects of the relationship between the two elements: personal data and artificial intelligence. The...

Denegarea de dreptate în contextul (ne)aplicării dreptului Uniunii Europene. O analiză a cauzei Spasov împotriva României sau despre contribuția Curții Europene a Drepturilor Omului la aplicarea dreptului Uniunii Europene

Anamaria GROZA

Numărul 1 Anul 2023

The European Court of Human Rights does not have powers that would allow it to interpret and apply European Union law, nor an institutional framework that would facilitate its dialogue with the Court of Justice of the European Union, similar to the one implemented by Article 267 of the Treaty on the Functioning of the European Union. However, the Judgment in Spasov is the step that the European Court of Human Rights takes in the direction of ...

Viitorul Uniunii și pentru Uniune: Câteva reflecții după Brexit

Robert SCHÜTZE

Numărul 1 Anul 2023

If Brexit was the defining “constitutional moment” for the European Union in the second part of the last decade, what are the constitutional changes awaiting the Union, say, the next ten years? This article looks at this – speculative – question by exploring the Union’s potential future evolution alongside two dimensions: a horizontal dimension focusing on the widening or narrowing of its membership, and a vertical dimension exploring the deep...

Trimiteri preliminare în fața Tribunalului Uniunii Europene. Ultima frontieră a reformării sistemului jurisdicțional al Uniunii Europene?

Sara IGLESIAS SÁNCHEZ

Numărul 1 Anul 2023

In December 2022, the Court of Justice of the European Union made a request to the EU legislators to amend the provisions of its Statute in order to entrust the General Court with the adjudication of some preliminary rulings. The present article explores the main lines of the proposal in the broader framework of possible avenues for reform of the EU judicial system.

Viitorul trimiterilor preliminare în sistemul jurisdicțional al Uniunii Europene

Chiara AMALFITANO

Numărul 1 Anul 2023

The article reflects on the request submitted by the Court of Justice of the European Union, with a view to amend its Statute transferring to the General Court the jurisdiction to hear and determine questions referred for a preliminary ruling in specific areas laid down by the Statute.

Trimiteri preliminare și actul clar: instanțe naționale, avocatul general și Curtea de Justiție a Uniunii Europene

Prof. univ. dr. Paul CRAIG

Numărul 1 Anul 2023

The regime of preliminary rulings is central to the judicial architecture of the EU. National courts of final resort have a duty to refer to the CJEU when a decision on a question of EU law raised is necessary for the resolution of the case before it. The exceptions to this duty are closely circumscribed. This article considers the inter-relationship of the Advocate General and the Court of Justice in delineating the nature of this duty and t...

Curtea de Justiție a Uniunii Europene și independența judiciară

Koen LENAERTS

Numărul 1 Anul 2023

The article aims to provide a clear and convincing answer to several questions that have been a permanent topic of discussion since the Court of Justice delivered its judgment in case of „Portuguese judges” in 2018. If the constitutions of the member states guarantee the independence of the judiciary, is there also a need for special protection afforded by European Union law? What justification does such supranational protection have? And if ...

Methodological efforts to shape the digital future of justice

Ruxandra Andreea LĂPĂDAT

Numărul 4 Anul 2022

The use of technological innovations in all branches of society becomes intuitive and appears to be naturally integrated especially by new generations these days. Even more, using artificial intelligence in order to improve the justice served to citizens appears instinctive, our officials being “stolen” by the multitude of tools made available, as well as by the speed of the promised results. This is what is desired, at least in theo...

Un droit de crise des aides d’état: Étude de cas sur la crise énergétique (II)

Ozana Miruna GHIC

Numărul 4 Anul 2022

The second part of the paper deals with the impact of the “State aid crisis” on the traditional regulation in the relevant field. The transformation of an exceptional regulation into a standard law is assessed, along with the need of a better coordinated crisis law in the field of State aid.

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