„Pașaportarea” serviciilor bancare –interconectarea României cu centrele financiare europene
02 01 2024
This paper addresses the interlinking of Romania with European financial centers, from the perspective of European banking regulation, with the author focusing on the recent trends in the application of the two methods for the „passporting” of banking services, namely: (i) establishing branches in other member states of the European Union (EU) and (ii) directly providing cross-border services. The author argues that the full utilisation of Eur...
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Durable finance as a European weapon of resilience – fintech and the free movement of capital
04 01 2023
This paper focuses on the key role that the post-Covid 19 European financial regulations are poised to play in Romania in relation to the development and deepening of the capital market, investment funds, fintech, cross-border financing and green finance. The author suggests that the Romanian market is faced with a unique confluence of regulatory and economic factors which, if optimally activated, can stimulate the financial perspectives of bo...
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Solidaritatea și criza valorilor în Uniunea Europeană
03 01 2023
Looking at Article 2 TEU, this contribution considers that there is an external and an internal crisis of values: the former referring to challenges to EU values coming from individual Member States which prioritize their own agendas and the latter referring to the tension between a liberal and more solidarity-driven understanding of the EU’s foundations as it stems from the very wording of Article 2 TEU. In an attempt to unpack solidarity and...
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Trimiteri preliminare pentru executarea valorilor Uniunii Europene
03 01 2023
The binding authority of the rulings rendered by the European Court of Justice is the principal reason why the preliminary ruling procedure may constitute an efficient means of enforcing EU law in general – and EU values in particular. This article explains how the preliminary ruling procedure can be used as a tool towards the enforcement of EU values. It considers who can use the procedure to this end, it examines how to create the basis for...
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Viitorul Uniunii și pentru Uniune: Câteva reflecții după Brexit
01 01 2023
If Brexit was the defining “constitutional moment” for the European Union in the second part of the last decade, what are the constitutional changes awaiting the Union, say, the next ten years? This article looks at this – speculative – question by exploring the Union’s potential future evolution alongside two dimensions: a horizontal dimension focusing on the widening or narrowing of its membership, and a vertical dimension exploring the deep...
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Impactul Directivei privind administrarea de credit asupra reglementării colectării informale abuzive a creanțelor în Uniunea Europeană: Un pas înainte sau o oportunitate ratată?
04 01 2022
This article critically assesses the provisions of Directive 2021/2167 on credit servicers and credit purchasers regarding the regulation of informal abusive debt collection practices within the European Union. Through a regulatory and comparative analysis, the article discusses the positive and negative aspects of the approach employed by the European Union legislature in regulating informal abusive debt collection practices and a...
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Responsabilitate politică și dedublare funcțională a executivului în statele membre ale Uniunii Europene
04 01 2022
The decision-making procedures of the European Union (EU) and many of its institutions, bodies and agencies operate in a mode of functional duplication (according to Georges Scelle’s concept) of the holders and agents of the executive power of the Member States, who act as organs of the States and, at the same time, of the Union. The EU functions as a form of executive federalism similar to that of Germany, with all the proble...
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Transparența justiției și protecția datelor cu caracter personal
02 01 2022
The rule of law presupposes the application of predictable rules centered on the citizen. Both the social value of the administration of justice and the protection of human dignity and other human rights, including the right to privacy or data protection, must be protected by the state at the same level. The balance of these rights, especially the data protection, are analyzed from the perspective of the practice in the Republic of...
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Competențele Uniunii Europene în soluționarea crizei medicale
04 01 2021
The European Union is organized and operates on the basis of the Treaties concluded by the Member States. The division of competences between the Member States and the Union has been achieved not only by Treaties but also by the case-law of the Court of Justice of the European Union. In the fi eld of health, the Union has limited competences, which are of three kinds, depending on their purpose. On the one hand, the EU has shared c...
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Raporturi constituționale dintre ordini juridice și instanțe judecătorești în interiorul Uniunii Europene*
04 01 2021
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...
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