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 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...

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...

The study aims to analyse the legislative provisions that deal with control and identification measures for persons convicted of sexual offences, from the point of view of the compliance of these provisions and the administrative practices with the fundamental principles of Romanian constitutional law, and also from the specific perspective of personal data protection. The author concludes that the absence of judicial review of registration an...

L’accord sur le Brexit contient des dispositions similaires aux articles 101 et 102 TFUE. Dans le secteur pharmaceutique, alors que la pandémie de Covid-19 a mené à l’inapplicabilité temporaire et conditionnelle du droit de la concurrence par les autorités de concurrence, la Cour a clarifié les notions de «concurrence potentielle» ainsi que de «restriction par objet» dans le cadre d’accords de règlement amiable du type «pay-for-dela...

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 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. ...

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...