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...

Not even the most optimistic scenario could have anticipated the impact of Directive 93/13/EEC on unfair terms on Member States’ national law 25 years ago. The original formula arranged by the EU legislator (by resorting to the conditions constituting the triple test of establishing the abusive character – the lack of negotiation of the clause, the significant imbalance between the rights and obligations of the parties and the profe...

The purpose of this article is to argue that „integration through the rule of law” defines what the European Union stands for. The European integration can only take place when both the EU institutions and the Member States respect the „rules of the game.” This means, in essence, that both EU and national authorities are committed to the idea that courts – acting as independent umpires – have the final say on the question of whether...

The binding nature of the judgments and orders of the Court of Justice of the European Union (‘CJEU’) is analysed in the light of the general effect of the judgment, both in the light of the case-law of the Court of Justice in Luxembourg and the Constitutional Court of Romania. The res judicata, the precedent at the level of the CJEU, as well as the possible retroactive effect are highlighted by relying on relevant case law. The ef...

The article deals with the role played by the Court of Justice of the European Union in „creating norms” in the field of European Contract Law. Three main areas are concerned: defining the scope of application of the instruments of the European Union in the field of European Contract Law; interpreting the concept of the „contract” as a source of rights and obligations; and the procedural framework capable of ensuring the effectiven...

Facilitating free movement of EU citizens by establishing a borderless area of freedom, security and justice is one of the core aims expressed in EU primary legislation. In this context, the development of the European migration and asylum acquis was brought into being by admirable ideals of conferring legal immigrants contiguous rights with those enjoyed by EU citizens. However, this objective has been circumscribe...

The fi rst preliminary ruling made by an arbitral tribunal from Romania was rejected by the Court of Justice of the European Union. The CJEU has followed its settled case-law on the concept of „court or tribunal”. Case C-370/18, Holunga, is thus an element of European judicial statistics without raising any particular legal problems. ...