This article discusses a number of legal standards and institutions relevant to the use of data contained in health records, as is the case with medical decisions on incapacity to work for disability pension purposes. Specific standards for processing of such data has to be employed, including those required by the General Data Protection Regulation. The exercise of freedom of expression has to comply with the standards of private l...

Information technology changed the way we relate to information as any data posted on the Internet can remain accessible indefinitely. This ease of access undoubtedly favoured the freedom of information, but the fundamental right to privacy of natural persons seems to be under threat in the absence of adequate legal mechanisms that should ensure that their past will not haunt them ad vitam aeternam. Since recently the Court of Justi...

The concept of the essence of a fundamental right – set out in Article 52(1) of the Charter of Fundamental Rights of the European Union (the „Charter”) – operates as a constant reminder that our core values as Europeans are absolute. In other words, they are not up for balancing. As the seminal judgment of the Court of Justice of the European Union (the „CJEU”) in Schrems shows, where a measure imposes a limitation on the exercise o...

The study takes into account the fact that in the framework of enforcement proceedings the debtors often claim upon enforcement titles and ask for a review of the title on substantial grounds, especially the unfair of a term stipulated between a supplier and a consumer provided by the credit agreement. After a presentation of relevant European Court of Justice case-law the issue whether an enforcement court in Romania has competence ...

The article sheds light on the issues of compliance and development of the legal order of the European Union and provides some examples related to compliance in European Union law. Following the description of the general framework, the particular role played by European Union Courts in „the Europe of compliance” is examined. The relationship between compliance and the development of the legal order of the European ...

The article sums up relevant case-law of the Court of Justice of the European Union for 2018 in the field of preliminary ruling procedure, paying particular attention to elements of novelty brought by decisions related to this procedure. Constitutional issues raised in the Court case-law and in relation to the meaning of „court or tribunal of a Member State” according to Article 267 TFEU, along with the faculty or obligation to subm...

The subject of the article mainly concerns the procedural term for filing the request for judicial review and the conditions of admissibility related to the judicial review of the final court decisions rendered in administrative litigations based on Article 21 of the Law no. 554/2004, review which aim...

Constitutional courts have played a key role in shaping the European legal space, in regulating the relationship between national law and European Union law, in addressing constitutional issues related to integration into the European Union, as well as in the constitutionalisation of Europe by developing a common European constitutional heritage, more prominent in the field of the protection of fundamental rights, where these court...

The present text explores various aspects of the dynamic relationship between national constitutions and constitutionalism on the one hand, and European Union law on the other hand, having as a starting point of the reasoning the fact that national constitutions are fundamental, and indeed indispensable, in a Union between States. It is flawed to oppose national constitutionalism to the emergence and development of the EU legal – an...

Being applicable to succession to the estate of deceased persons on or after 17 August 2015, the Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession opens up a new stage in establishing the European private international law. The Regulation does ...