Articole din categoria: Anul 2020

Cum scriu
Numărul 3 Anul 2020
I must read everything was written before I start writing. (…) In the legal field, every word counts. Keywords: dialectical triad thesis-antithesis-synthesis, bibliography, decision of the European Court of Human Rights, s...
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Dacă în drept ar funcţiona stilul epistolar…
Numărul 3 Anul 2020
It is not the same if you draft an acquittal proposal in a fi le where parties have settled (…) or if you draft an indictment which refers to numerous facts, more authors, which advance various defences that you need to address. Equally, it is not the same to present the facts in an order to the investigation department (which is familiar with the file) to complete the prosecution file or in an indictment based on which the judge decides on h...
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Cum scriu? Greu, dar și cu multă bucurie
Numărul 3 Anul 2020
I had the intuition that a jurist-researcher must inter- and trans-discipline and, therefore, I read books (…) of institutional history, social history, political philosophy, economy and sociology. (…) I started to merge the positivist discourse with the cultural one, marked by inter- and trans-disciplinarity and by conceptual analysis. This way I was trying to break with the empiricism which is specifical to descriptive commentary...
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Cum scriu o hotărâre?
Numărul 3 Anul 2020
Any judicial decision is a narrative, a story about finding the truth. The search for the truth is a difficult task, since the pieces of evidence, regarded as the signs that the facts have left, seldom tell us a unique and coherent story. The interpretation of the law is no easier task, either; from all the interpretation methods available, I choose the literal interpretation over the teleological one, as it saves me from the pitfalls of my own...
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Cum scriu
Numărul 3 Anul 2020
Writing as a judge is a more recent activity for me. I am still during the period of reflection concerning many aspects of this profession, among which the clear, convincing and concise expression of the arguments on which a judgment is based represents a personal priority. I noted for a long time the opacity of many written documents in the judicial world, in Romania and elsewhere. I also noted the differences in style between various types o...
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Considerații asupra regresului dintre asigurătorii RCA în cadrul mecanismului decontării directe
Numărul 2 Anul 2020
In the context of the compulsory insurances against civil liability for the damages caused to third parties by vehicle and tram accidents (RCA), the direct compensation service represents an alternative method available to the injured person for obtaining the payment of the damage, involving the assessment of the damage claim by the injured person’s own RCA insurer and a subsequent settlement between this insurer and the RCA insurer of the pe...
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Reguli europene uniforme privind conflictul de legi în materia delictului civil
Numărul 2 Anul 2020
With the purpose of ensuring a unique internal market for all Member States of the European Union, governed by the free movement of persons and judgments principle, the European legislator has adopted numerous regulations on private international law, which attempt to solve, in a uniform manner, the conflict of laws arising out of private legal relations with foreign elements. In this article, we will examine the uniform rules for solving con...
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GDPR: Noi orientări privind valabilitatea consimțământului în cazul „cookie walls” și al acțiunilor swipe/scroll în cadrul unui website
Numărul 2 Anul 2020
The European Data Protection Board („EDPB”), the European Union’s independent body mandated to ensure the consistent application of Regulation no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data („GDPR”), issued, in May 2020, new specific guidelines for the interpretation and application of the GDPR provisions on consent for processing personal data. This articl...
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Compatibilitatea măsurilor pentru siguranța cibernetică a sistemului 5G cu libertatea comerțului
Numărul 2 Anul 2020
In early 2020, the NIS Cooperation Group published a set of cybersecurity measures in the context of the implementation of the 5G system (called 5G Network EU Toolbox Risk Mitiganting Meaasures), proposing technical and strategic measures to be taken by EU Member States.Some of the recommended measures include an assessment of the risk profile of suppliers and the application of restrictions for those considered to be at high risk for e...
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Virusul în contracte. Câteva idei despre interferența pandemiei COVID-19 cu executarea contractelor civile
Numărul 2 Anul 2020
The paper aims to analyze the interference of the COVID-19 pandemic with the execution of civil contracts, discussing how economic agents affected in their activity by the combined action of the pandemic and the legislative measures enacted in order to fight it can use the theory of hardship or force majeure/fortuitous case. The authors consider that a case-by-case analysis shall be needed, as the same fact may have different legal ...
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