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Validarea hotărârii arbitrale potrivit art. 603 alin. (3) din Codul de procedură civilă
Numărul 4 Anul 2025
The present study aims to analyze the causes and mechanism of an atypical procedure established by art. 603 paragraph (3) of the Civil Procedure Code, that of the validation of the arbitral award. Through it, in an unusual manner, some effects of a definitive and binding jurisdictional act (the arbitral award) are conditioned by the performance of verifications by a court of law or, even more strangely, by an authority without jurisdictional p...
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Interoperabilitatea platformelor digitale și abuzul de poziţie dominantă: lecţiile din cauza Google/Android Auto
Numărul 4 Anul 2025
This article examines the landmark judgment of the Court of Justice of the European Union in the Google/Android Auto case (C-233/23), which significantly redefines the legal framework governing refusals to ensure interoperability in digital markets.Departing from the traditional indispensability standard established in Bronner and IMS Health, the Court held that a refusal by a dominant undertaking to grant inte...
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Protecţia consumatorului de cetăţenie în războiul comercial de apărare
Numărul 4 Anul 2025
When instituting retaliatory tariffs on imports from a State who initiated such alleged protectionist measures, aiming to convince that State to renounce the tariffs initially imposed, it is possible to disproportionately affect some of its own citizens or of the companies established under the national law. In such cases, the State can award them certain compensatory benefits. Considering the premise that citizenship is not a determinism, but ...
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Reforma comerţului online: exigenţă indispensabilă pentru trasabilitatea produselor neconforme
Numărul 4 Anul 2025
The Commission’s proposal for a Resolution on the Internal market and consumer protection No 2025/2037 underlines the pressing need for an online trade reform in the context of increasing the volume of non-compliant products imported into the EU, in particular from China, through Temu or Shein platforms.The main pillar of the reform of trade relations regarding products imported from outside the EU consists of establishing an extended li...
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De la PSD2 la PSD3: transformări în reglementarea serviciilor de plată prin prisma analizei economice a dreptului
Numărul 4 Anul 2025
The study analyzes the new European regulatory framework for payment services (PSD3) using the tools of economic analysis of law. Starting from previous legislative developments, from Directive 2007/64/EC (PSD) and PSD2 to the current proposal for a Regulation, the study highlights the essential changes regarding the liability of payment service providers, particularly in the context of identity fraud (spoofing and phishing). We argue that the...
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Soft Law in (Hard) Action: Noul Cod de Guvernanţă Corporativă al BVB și efectele sale asupra emitenţilor din prismă juridică și economică
Numărul 4 Anul 2025
The article analyzes the impact of the new corporate governance standards introduced by the Bucharest Stock Exchange (BVB) Code, which came into force on January 1, 2025, compared to the previous version from 2015. The study places the BVB codes in the context of soft law instruments and the comply or explain principle, discussing both their normative role and their practical effects on issuers. The analysis highlights the main changes brought ...
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Remunerarea membrilor organelor de administrare ai societăţii comerciale
Numărul 4 Anul 2025
Compensation of managers and directors is fixed in nature and is grantedperiodically (monthly) or in the form of attendance fees (jetons), without depending on the company’s performance. Compensation of managers is set by the board of directors within the limits established by the general meeting of shareholders (GMS). It is monthly, corresponding to a permanent (full-time) activity. An additional compensation is granted for executive ro...
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Clauza de prorogare a competenţei jurisdicţionale în contractele electronice cu consumatorii: între autonomie contractuală și protecţie jurisdicţională
Numărul 3 Anul 2025
The paper examines the legal regime governing jurisdiction clauses in electronic contracts concluded between consumers and professionals, with particular reference to the application and interpretation of Articles 17–19 of Regulation (EU) No. 1215/2012 (Brussels I bis). In the context of accelerated digitalisation and the widespread use of click-wrap agreements, the study highlights the legal risks stemming from the structural imbalance between...
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Neexecutarea obligaţiei de recuperarea ajutoarelor de stat și rolul instanţelor naţionale: comentariu asupra Hotărârii CJUE în Cauza C-51/20 Comisia c. Grecia
Numărul 3 Anul 2025
The present case commentary provides an in-depth analysis of the judgment delivered by the Court of Justice of the European Union in Case C-51/20 Commission v. Greece, concerning the persistent failure of a Member State to comply with its obligation to recover unlawful and incompatible State aid, as previously ordered by the Commission. The ruling exemplifies the corrective and sanctioning function of the EU judiciary in response to institutio...
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Conflictul european de legi – Industria asigurărilor –
Numărul 3 Anul 2025
The European insurance industry lives in the area of the conflict of laws. The aim of this paper is to show how the so-called „European conflict of laws” reveals – to foreign companies – its virtues and vices alike. Such foreign companies (non-European companies or companies outside the European Union itself, n.n.) are invited to know in depth the federal-like nature of the European Union and its legislative infrastructure. Once this nature is...
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Contractul individual de muncă cu timp parţial
Numărul 3 Anul 2025
The regulation of part-time work in the content of art. 103-107 of the Labor Code corresponds, in principle, to the objectives established in the content of Council Directive no. 97/81/EC of 15 December 1997 on the framework agreement on part-time work, amended by Council Directive 98/23/EC of 7 April 1998, the Romanian legislator aiming to eliminate discrimination against part-time workers and improve the quality of part-time work, facilitat...
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Apărarea drepturilor salariaţilor în cazul procedurilor de prevenire a insolvenţei
Numărul 3 Anul 2025
The prevention of insolvency constitutes a cornerstone of the legal framework, enabling financially distressed enterprises to undertake restructuring efforts and implement strategic measures to surmount periods of economic adversity.One of the principal mechanisms for insolvency prevention is the preventive concordat procedure, which necessitates an initial assessment report on the financial distress encountered by the company. Upon the c...
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Dimensiunile non-economice ale monedelor digitale ale băncilor centrale (CBDC). O privire asupra euro digital
Numărul 3 Anul 2025
Debates on central bank digital currency (CBDC) pose serious challenges for legal practitioners, as they involve a concept characterized by ambiguity (first issue), variable parameters of analysis (second issue) and complex technical and economic components (third issue). Legal practitioners usually prefer well-defined topics with clear legal bases, which allow interpretation of legal principles and identification of legal correlations. The CB...
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Obligaţiile non-economice ale întreprinderilor
Numărul 3 Anul 2025
Starting from the non-economic dimensions of business, the article presents a series of obligations of enterprises that aim to protect values and responsible business conduct, as reflected in the regulation of foreign direct investment and in the regulation of due diligence in matters of corporate sustainability.These obligations, however non-economic they may seem, can have profound consequences for enterprises, including economic ones.
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Evaluarea și raportarea profitului social
Numărul 3 Anul 2025
The concept of social profit has emerged as a result of the sustainability movement and has become a key indicator of non-financial corporate performance. Unlike traditional financial measures, social profit reflects the social and environmental impacts of a company’s activities in the community in which it operates. This paper examines the challenges of establishing standardised methodologies and metrics for measuring social profit, as well ...
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