The Financial Supervisory Authority, an autonomous administrative authority, exercises supervisory powers over the management of companies under a regulation that has no correspondence in primary legislation in the capital market field. Starting from a particular case, we would like to point out in this article that the evaluation activity of the Financial Supervisory Authority is subject to arbitrariness, Regulation no. 14/2015 containing re...

This article discusses the main elements of Directive 2017/828/UE amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement. Directive 2007/36/EC (Shareholder Rights Directive) was adopted in 2007 and, ten years later, in May 2017, it was strengthened through Directive 2017/828/UE (Shareholder Engagement Directive).The primary objective of the Shareholder Rights Directive was to ensure that nonresident...

The drafting of the General Data Protection Regulation is not only a way of updating the legislation depending on technological development, but also the provision of protection in accordance with the Article 8 of the Charter of Fundamental Rights of the European Union (CFREU). In this paper the aim is to analyze the principles of GDPR, as well as the novelties of the Directive 95/46.

Prior to the General Data Protection Regulation (GDPR), the procedure for notifying the supervisory authority was designed to ensure disclosure of the purposes and main features of any processing operation for the purpose of verification that the operation is in accordance with the national measures taken under Directive 95/46/EC. With the application of Regulation (EU) 2016/679, controllers are no longer required to notify data processing, ho...

The issue that we would like to deal with right from the beginning of this paper is the answer to the following question: if there are no traders, are there still trading companies? Is there a commercial law after the adoption of the new Civil Code?This debate is important, because, as we will see, until the new Civil Code was adopted, such distinction was the foundation of private law, namely the distinction between the civil law and the...

The article aims to provide a detailed analysis of procedural rights guaranteed by the legislator in favor of taxpayers at the stage of finalization of the tax inspection.These rights, being forms of the taxpayer’s right to be heard whenever the fiscal body is to take a decision on the taxpayer, are also the expression of the right to defense guaranteed by the very Constitution of Romania. Sometimes the legislator provided them as ex...

In the present study we did not intend to carry out an exhaustive analysis of the object of the request to suspend the execution of a tax administrative document, respectively of the document issued by the fiscal body that can be the subject of such a claim.Our aim is to study judgments handed out under the New Fiscal Procedure Code where the courts were confronted with this legal issue and have analyzed if a document issued by the fisc...

A company in England has registered trademarks at EU level brands with the names ”Boca Father” and ”The image of Arsenie Boca”. The right to exploit them in Romania was given to a trading company from Arad, who has summoned many entities not to use them without buying holograms. The police have left icons and souvenirs in this category and triggered criminal investigations for the unlawful use of a trademark.Registration was made in error...

The protection of intellectual property rights under international investment law has already come under the scrutiny of arbitral tribunals, scholars and the wider civil society with the occasion of such high-profile disputes as Philip Morris and Eli Lilly. Nevertheless, it is only very recently that the first publicly known case in which the protection of intellectual property rights, specifically, trademarks and trademark licences, has been...

This study, part of a broader project aiming to analyze the rights of the artists and their status, render an overview of the moral rights of the Romanian artists, analyzing how these have been interpreted jurisprudentially in the French and the Romanian space in order to have a better understanding of their content.