Recepţia teoriei grupului de contracte în dreptul european al contractelor
Numărul 2 Anul 2024
The relationship between the contract group theory and the principle of the relative effect of conventions is, in the civil law of obligations, an actual Strait of the Danaids. Developed in French doctrine, the theoretical construction of contract groups is seductive and, above all, controversial. Recognized as a legal reality only in French, Belgian and Luxembourg law, the formula of contract groups remains for other national legislators onl...
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„Pașaportarea” serviciilor bancare –interconectarea României cu centrele financiare europene
Numărul 2 Anul 2024
This paper addresses the interlinking of Romania with European financial centers, from the perspective of European banking regulation, with the author focusing on the recent trends in the application of the two methods for the „passporting” of banking services, namely: (i) establishing branches in other member states of the European Union (EU) and (ii) directly providing cross-border services. The author argues that the full utilisation of Eur...
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Regulamentul nr. 650/2012 ca instrument de planificare succesorală. Perspectivă asupra regimului juridic al animalelor de companie în dreptul succesoral european
Numărul 2 Anul 2024
In the new era of mobility, it is important to establish the lex causae, both from a theoretical and practical point of view, for all legal relationships. According to the EU Regulation no. 2012/650, under the European succession law, the habitual residence is the cornerstone of determining which law applies, generating a series of consequences including the effects of legal relations concluded by de cujus in regard of their property. Nonethele...
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Jurisprudenţa Curţii de Justiţie (a Uniunii Europene) privind internetul
Numărul 2 Anul 2024
The Court of Justice is the institution that interprets European Union law, and its rulings are binding for national and European courts and authorities. The Court has delivered judgments in various fields, such as competition, consumer protection, data protection, cybersecurity, journalism, the right to information, data access, freedom of expression, and good administration, which indirectly influence the use of the internet.
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Revizuirea pentru încălcarea dreptului Uniunii Europene şi a hotărârilor CJUE în practica judiciară a instanţelor din România
Numărul 1 Anul 2024
The article analyzes the way in which the Romanian courts apply, in judicial practice, the revision procedure provided by art. 21 of the Administrative Litigation Law no. 554/2004. This special revision procedure can be used when a final judgment is given in breach of a provision of European Union law (‚EU law’) or a judgment of the Court of Justice of the European Union (‚CJEU’). The analysis is based on several relevant decisions of the High...
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Trimiterea preliminară – echilibrul principiilor juridice concurente. Studiu de caz: cauza Lin C-107/23 (PPU)
Numărul 1 Anul 2024
The Romanian experience of the Lin cases, echoed throughout the Union, was a rare opportunity for exemplary judicial practice for the domestic courts and can acquire the character of historic decisions if they are understood at their true value. Beyond the winding route of these references for a preliminary ruling, which, although initially abolished by the higher court, nevertheless managed to make their way to the Court of Justice, they gave...
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Metodologii de cercetare pentru contractele cu consumatorii în Secolul XXI. Vinuri noi în sticle vechi?
Numărul 1 Anul 2024
The article analyses the framework and methodology for studying consumer contracts in the digital age. Digitalisation, automation, and profiling have become increasingly crucial. Researchers can use different methodologies, such as online surveys, transactional data analysis, and user experience testing, to understand the impact of these advancements. However, ethical considerations such as privacy, fairness, and informed consent must be addre...
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The EU’s Contribution to Reshaping the System of Investor-State Dispute Settlement
Numărul 1 Anul 2024
This paper explores the EU’s role in, and contribution to the various reform processes concerning the international system of investor-state dispute settlement. Starting from an analysis of the current powers of the EU in the field of foreign direct investment, the article approaches the grounds for criticism raised at EU level in respect of the existing ISDS framework. It subsequently discusses the various efforts of the EU to transform ISDS,...
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Indicaţiile geografice în contextul achiziţiilor publice
Numărul 1 Anul 2024
Public procurement is a fundamental element for the development and consolidation of the single market at EU level. Each year, Member States allocate substantial financial resources to acquire goods, works, and services by establishing the most economically advantageous tenders.
The acquisition of goods, works and services must be performed by reason of objective procedures along with the principles of equal treatment, non-discriminatio...
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Cereri de decizie preliminară recente ale instanţelor judecătoreşti din România privind statul de drept şi independenţa judecătorilor
Numărul 1 Anul 2024
The dialogue between the national courts in Romania and the Court of Justice of the European Union has experienced an unimaginable development in the last five years, especially regarding the rule of law, the solutions of the CJUE being absolutely necessary to preserve the independence of judges and also inspiring judges from other Eastern European states. This article presents the three most recent requests for preliminary rulings from the Rom...
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