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.

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...

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...

One controversial aspect of international investment law and investor-state dispute settlement (ISDS) is the fact that disputes often refer to sensitive political and social issues, which are inherently national. To tackle this, various solutions were proposed, inter alia, that adjudicators draw inspiration from comparative public law. Arbitral tribunals have done it before, for instance when applying the well-known public law principle of pr...

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...

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...