The emergency ordinance nr. 50/2010, approved with amendments by the Law nr. 288/ 2010, transposes into domestic law the Directive 2008/48/EC of the European Parliament and of the European Council from the 23rd of April 2008 on consumer credit agreement and on abrogation of the Directive 87/202/CEE of the Council.The new European Directive imposed a complete harmonization so that the Romanian legislator had a small margin of freedom in re...

“Mediation represents a way of resolving disputes amicably, with the assistance of a third party specialized as a mediator, in terms of neutrality, impartiality, confidentiality and with the free consent of the parties. Mediation is based on the trust that the parties give to the mediator, as a person fit to facilitate their negotiations and to support them in order to resolve the dispute, by reaching a mutually acceptable, effective and last...

The present article is the last installment of the third part discussion related to the electronic bill of lading. In the present article the author surveys the relevant international efforts related to the introduction of the electronic commerce, the impact of electronic commerce on the evolution of the bill of lading’s instruments, and connects the efforts related to the development of electronic commerce to the evolution of the electronic b...

This article approaches the specific issue of the admission of the right to file complaints with the bodies of the ECHR in favor of company shareholders or partners when they report the breach of their rights ensured by the Convention as a consequence of certain actions or the lack of action filed against the company. Thus, the direct victim of the breach is the company in which the petitioners are shareholders or partners but the application ...

By two decisions of 29 March 2012, the Court of Justice of the European Union decided on the conflict between the principle of reasonable time and that of the effectiveness of collecting direct taxes and VAT. The winner, in terms of scoring, was the principle of reasonable time which prevails due to the incapacity of administrative authorities and courts to manage the collection of taxes and duties in an efficient manner.These decisions...

Public procurement in Romania is regulated, primarily, by the Emergency Government Ordinance no. 34/2006 regarding the award of the public procurement contracts, public works concession contracts and services concession contracts, with the subsequent amendments. According to this ordinance, any person considering his or her rights to have been harmed and having a legitimate interest by an act of the contracting authority thought to be irregular...

The present article is the second installment of the third part discussion related to the electronic bill of lading. In the present article the author surveys the relevant international efforts related to the introduction of the electronic bill of lading, and provides a useful intellectual map of the ideas behind these efforts. The article is of interest for lawyers involved in transportation matters, but also for lawyers and academics interes...

The protection of personal information in Great Britain originates in the 70’s , when the increasing use of computers determined a growing concern for the protection of the information referring to natural persons. Since Great Britain has no written constitution in one document for the regulation of the rights and freedoms of natural persons, which would be called “the British Constitution”, constituting, as a matter of fact, a body of constit...

Bid rigging is a current issue of competition law, both at a global and regional level, as well as nationally. In recent years the attention of the Romanian Competition Council has been repeatedly targeted the way of conduct of public sector tenders.The paper at hand tries to offer several practical and theoretical definitions for this phenomenon and its forms of manifestation. As well, it mentions some of the practical measures suggest...

The judge has the power to revise the amount of what is provided for in a penalty clause, in the case where this amount is “manifestly excessive” (art. 1541 Romanian Civil Code). In the legal system French we speak of a “manifestly excessive or derisory amount” (art. 1152 C. civ. français).So it is not only a question of allowing the judge to reduce a penalty, but also of increase it. However, as in other foreign systems, it is necessar...