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 ...

National identity that Article 4(2) of the Treaty of the European Union (TEU) refers to was interpreted by some constitutional courts of Member States as an exception from the principle of supremacy of European Union law. Even if it has not defined national or constitutional identity, the Romanian Constitutional Court stated that Article 4(2) TEU creates limits to the European integration process, consisting in fundamental political...

A frequent problem in the jurisprudence of the Romanian courts regarding disputes between professionals and consumers, differently treated, concerns the way in which transparency of contractual clauses establishing costs of the contract in the charge of the consumer is appreciated. Applying the jurisprudence of the European Court of Justice (“ECJ”) should have led to a unitary practice. But, concerning this aspect, the Court itself r...

The Code of Civil Procedure was amended by Law no. 310 of 17 December 2018, entered into force on 21 December 2018. One of the amendments concerned Article 713(2) of the said Code and has, as effect, the inability of consumers to complain on unfairness of terms of the credit contracts concluded by the former with banks and other financial institutions, in the context of the contestations against forced execution of these contracts....