In this study, the authors aimed to highlight mainly two aspects: (1) a documentary one, concerning the succession of different legal norms, institutional and jurisdictional interventions in the context of the declaration as unconstitutional of the provisions of Article 155 para. (1) of the Criminal Code, relating to the interruption of the course of prescription of criminal liability; (2) secondly, an analysis and explanation of the signific...

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...

The article outlines the crucial role played by values of the rule of law and the independence of the judiciary in the European Union. While the Court of Justice of the European Union respects the competence of the Member States in organizing their judicial system, national constitutional and legislative rules cannot challenge the unconditional duty to comply with the primacy of EU law and the values embodied by the former. By means...

This contribution exposes some thoughts concerning the role of the Court of Justice of the European Union (“CJEU”) and the position of EU law in general, in light of the current challenges facing the European Union. The authority of the CJEU has been challenged in various Member States, as has the primacy of EU law, not only by politicians and the press, but also before and even by national courts, including certain constitutional c...

The idea staying at the core of the present study came up after a thorough analysis of the several cases the European Court of Justice (“ECJ”) issued in connection with disputes recently occurred between the two worlds of international arbitration and European Union consumer policy. Those disputes are the result of a wrong practice more and more exploited by big private investors. The latter, taking advantage of the little knowledge...