Dreptul de a petiţiona vs. abuzul de drept și frauda la lege în era digitalizării
Numărul 3 Anul 2021
This article focuses on the right to petition. The paper also analyses the limits of the petitioner’s rights, as well as the legal procedures that must be followed when citizens are acting in order to solve a personal issue related to public authorities.The public authorities have to adapt their internal procedures to the new challenges imposed by the technology, so that the relationship “citizen-public authority” become a win-win colla...
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Răspunderea juridică a inteligenţei artificiale în materia comerţului electronic
Numărul 3 Anul 2021
We speak of Artificial Intelligence with reference to the ability of a machine to reproduce typically human intellectual functions. In this particular field, enormous progress has been made in recent years, leading to the creation of more and more human-like-machine. This circumstances is not without legal consequences: how to behave in the event that an action of a machine equipped with Artificial Intelligence leads to the occurrence of a cri...
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Este viitorul dreptului internaţional transnaţional? Două ipoteze comerciale
Numărul 3 Anul 2021
We have been taught to assess international law as being the exclusive ’product’ of the nation-States. In the 21st century, international law became the ‘product’ of the private actors also. At least in the area of commercial life, the concept of ‘transnational law’ encourages such private actors to issue specific rules applicable beyond and not between the territories of the nations-States. The idea of legal pluralism nourishes the identity ...
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Consideraţii practice și teoretice privind recunoașterea unor hotărâri judecătorești pronunţate de o instanţă a unui stat membru al Uniunii Europene
Numărul 3 Anul 2021
The study aims to address an issue that is specifi cally related to the Romanian private international law, being borderline regulated by EU law regarding de jure recognition of judgements passed in another member state, and also the issue of acknowledging by means of a judicial procedure the inexistence of a case for the refusal to recognise such a judgement. To this end, the study offers possible remedies for the Romanian national judge to ...
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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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Cum scriem?
Numărul 3 Anul 2020
In my research activity, I have started, lately, to write only when I am really interested on a topic or when I believe that I have something to say about a certain issue. (…) (thus) I write only when I can answer, in advance, to three questions: What do I mean with what I write? What is the issue I have previously identified? and What answer do I have to that issue?
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Scriitura_Brief
Numărul 3 Anul 2020
If writing a piece proves necessary, then a writing project is put together with all that it entails – a mission statement, a roadmap marked by qualitative and quantitative milestones, a calendar and of course, executive instructions, to detail.
Keywords:
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Cum scriu?
Numărul 3 Anul 2020
I think I write when I have something to say. It is an impetus of anyone concerned with law, with the world, with the way world and times change, of anyone who intellectually pursue the truth and the good. My goal for the text is to let the truth shine, bring the light to dissipate the darkness, bring clarity where everything is obscure.
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