The decision to send a preliminary reference to the ECJ belongs to the national judge, if there is a doubt on the interpretation of a rule contained in an European Union act. The article argues on the need for a uniform interpretation by the ECJ on the provisions on daily rest of the Directive 2003/88/EU.The paper analyses the factual and legal situation in the context of preliminary reference principles on the necessity to send prelimi...

The right of access is placed at top of the rights of the person concerned. This situation results in greater accountability of the operator or the person empowered by the operator as well as the data protection officer. Keywords:

As of May 25, 2018, there have been numerous debates on the basis of Regulation (EU) 679/2016 on the protection of personal data („the Regulation”), focusing in particular on those personal data processing that are carried out in the context of the deployment business activities in departments such as HR, marketing, or sales.Very little has been said about data processing in the context of the implementation of physical security measures...

The General Data Protection Regulation (GDPR) has led, through its entry into force, to concentrating energies for the study of privacy, in particular data protection, as fundamental human rights. The center of interest has been and is marked by the limits of sanctions, but these sanctions are aimed at failing to respect the rights of the data subject, as the natural person is the main subject of the Regulation. The interest in the novelty of ...

Being the reflection of mixed operations, banking contracts involve a number of peculiarities. In the present study, we aimed to highlight the particularities of banking contracts, especially as regards the admissibility of court intervention to remedy the nullity of unfair terms in credit agreements.The court which has established the unfairness of a clause in a consumer credit agreement is required to remove it application by default. ...

Without intending to cover a complete presentation of the financial collateral and related legal issues arising from the entering into such agreements, we tried to make a short analyses of the aspects that, in our opinion, may trigger different interpretations in practice. From this perspective, we intend to review the legal concept of control, concept characteristic to financial collateral. Thus, considering that the institution of control is...

Although at first glance fiducia and trust seem to have no significant differences, however at a closer look we can see the „crevices” in the connection between the two related institutions. Thus, although the intention of the Romanian legislator was to actually adopt the trust through the New Civil Code, our civil law system made this impossible and the result was the regulation of fiduciary relations on the French model.Hence the most ...

This article seeks a plea for efficiency tools that are made available to users to streamline arbitration procedures and to inform Romanian users about the existence of the Prague Rules and how they are prepared to respond to the issues addressed in their contents.A Working Group was set up to establish a set of international rules in accordance to the entire arbitration community for obtaining evidence in international arbitration based ...

On January 11, 2018 – through the entry into force of the Government Decision no. 1/2018 – Arbitration is reintroduced as a way of settling disputes in national contracts (known as Fidic Red and Fidic Yellow), and this normative act removes the Dispute Settlement Committee. Also as a novelty, the arbitration will be settled in accordance with the Rules of the International Commercial Arbitration Court attached to the Chamber of Commerce and Ind...

We draw attention to a matter of interest which, insofar as it is not carefully monitored by the persons in charge of control in the field, may give rise to abuses in the process of transferring ownership of the buildings. We will refer to the unfinish ed constructions, for which the investor obtained the building permit, started the works, but did not finish them, the minutes of the reception at the end of the works are not concluded.