The legal framework on data protection is in a rethinking process both from the point of view of regulation technique, meaning the pending proposals of Regulation and Directive, and from an institutional perspective. By this new legal framework and also the case-law of the Court of Justice of the European Union, a system similar to that within the European competition is being put into place, which will gather together the national supervisor...

In systems of law, as well as in the area of current knowledge, it is the Greek and Roman civilizations that offer the ethical and moral fundamentals, as well as the legislative and institutional framework for modernity. It was easy to start with Aristotle’s Nicomachean Ethics where the author laid the basis of the principles of democracy, the philosophical and ethical systems, which were later confirmed and enriched by European historical ev...

The perspective brought by the new regulation on the institution of conventional representation of legal entities in civil proceedings is completely different, in line with the regulations found in other European countries. Despite a radical change of perspective, the judicial practice remained tributary to the jurisprudence developed under the old regulation, allowing legal entities to be represented by non – lawyer representatives, oth...

This paper presents the new rules regarding the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, as they are to be found in EU Regulation No 575/2013 and Directive 2013/36/EU, which define the legal frame of the new European Banking Union. The presentation takes into account the economical context which led to the European Banking Union’s project in the last three ...

This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the sharehol...

The sudden ultravalorisation to a particular currency bank credit agreements with consumers prior to the entry to force the new Civil Code, currency considered by some authors as exotic brought in present in our country, the applicability of art. 1579 par. 3 of the Romanian Civil Code of 1864, the legal text which attempted to justify the possibility of conversion of foreign currency loans in lei and freezing of the leu-foreign currency at the ...

Brussels I Regulation establishes a system for recognition and enforcement of judgments coming from courts of the Member States within the European Union in civil and commercial matters. Following article 73 of the Regulation, its applicability was analyzed after a period of fi ve years from its entry into force. In general, it facilitated cross-border litigation, but its applicability has been criticized, among others, in relation to exclusiv...

In 2010 the European Commission prepared a Report on the application of Brussels I Regulation as it was required by article 73 of the same Regulation. In its Report the Commission proposed several changes to be brought to the Regulation in order to improve its applicability and achieve its objectives, those of avoiding parallel proceedings and irreconcilable judgments within the courts of the Member States and providing an area of free movemen...

The second part of the series of articles relating to the architect profession is focused on practical aspects of the profession, describing the forms in which it is performed, the actual activity of the architect, his civil liability and other issues of interest. The matters referring to the organisation of the profession have made the object of the first part of this article, published in the Romanian Review of Business Law no. 12/2014....

The national regulations by which the Member States enforce a discriminatory tax treatment on the subsidiaries or branches of non-resident parent companies, compared to the one enforced on resident companies with an objectively comparable status, represent unjustified restrictions on the exercise of the right of establishment set out by art. 49 of the TFEU. The actual protection of the freedom of establishment was reinforced by the development...