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Information technology changed the way we relate to information as any data posted on the Internet can remain accessible indefinitely. On the one hand this ease of access undoubtedly was beneficial for the freedom of expression and information, but on the other hand the fundamental right to privacy of natural persons seems under threat in the absence of an adequate legal mechanism that would ensure that their past will not haunt them ad vitam aeternam. Last year, the French Council of State has requested the European Court of Justice (ECJ) for a preliminary ruling on the territorial scope of the right to be digitally forgotten. Although, since the Google Spain case, EU citizens enjoy an online right to be forgotten, its territorial application is yet to be determined. As such, this paper discusses the Opinion of the Advocate General in the Google Case (C-507/17), opinion which could offer a glimpse into the future ruling of the ECJ on this matter. In our analysis, we will also show the reasons why the ECJ’s decision is only a step in defining the right to digital oblivion, not at all an end point. -
The social reality governed by the labour law has known a series of mutations, caused by economic and circumstantial factors, which may have an impact on the object itself of this branch of law. This paper aims to present these amendments, as well as some theories formulated in the Romanian and foreign legal literature on the future of the labour law and of its object. It is pointed out the danger of dissolution of the labour law, following to be later configured a series of options concerning the extent of protection offered by the labour law and its relation to other branches of law. -
The loss of the chance to obtain an advantage or to avoid a damage represents a new form of reparation of prejudice regulated by the Civil Code, enshrined by the provisions of Article 1385 (4) of the Civil Code, and represents a distinct category of prejudice reparable by engaging in tort civil liability, which concerns those negative consequences directly caused by the commission of an illegal act that consist in missing the real and serious possibility of the occurrence of a favourable event for the victim’s life, which could have brought him fulfilment in his personal or economic life by the carrying out of some projects. Therefore, the loss of a chance means the loss by a person of the possibility to achieve a gain or, as the case may be, to avoid a damage, which may result in causing a prejudice to that person. De lege lata, we mention that the prejudice caused by the „loss of the chance to obtain an advantage” can be invoked within the framework of tort (extra-contractual) civil liability, but also in the field of contractual civil liability whenever by the non-fulfilment of the legal or contractual obligations such consequences have occurred. This prejudice could be claimed both by the direct victim of an illegal act and by those close to them if they prove that they suffered, through ricochet, such a prejudice. In order to have a reparable prejudice, the chance of occurrence of the favourable event for the victim must be as real as it is serious, which is assessed differently, whether or not the victim was in the process of taking the chance at the time when the event that compromised the possibility to achieve it occurred, and this prejudice must be in a direct causal link with the illegal act committed by the responsible person. The assessment of the chance shall be carried out in relation with two criteria, namely the examination of the circumstances in which the illegal act was committed, on the one hand, and the special situation in which the victim was at that time, on the other hand. With regard to the features of the prejudice, we specify that it must be certain (certain, unquestionable) and real (undeniable, effective, indisputable), and not an eventual one (possible, probable), the loss, therefore, must be actual. -
The study addresses the issue related to the offence of family abandonment, in the version provided by Article 378 (3) c) of the Criminal Code, which consists in the non-payment, in bad faith, for 3 months, of the support pension established in court. In particular, the aim is to clarify the meaning of the phrase „committing the act”, designated as indicating the moment when the time limit from which the period for filing the preliminary complaint begins to run, as the legislator has chosen to exempt this offence from the principle of compulsoriness of setting in motion the criminal action. The conclusions reached are in the sense that the phrase „committing the act” implies nuances in the matter of continued offence, as it is the one of family abandonment, otherwise the solution being one that would implicitly modify the content of Article 296 of the Criminal Procedure Code. -
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The author analyzes the legal status of undue payment, regarded as a source of civil obligations, such as they results in the texts of the new Civil Code. It has been specified since the beginning of the study that in general no essential amendments were reported in relation to the definition and existence conditions of this legal deed. However, it is noted as a novelty that the rules of undue payment in the new legislative environment apply also when the payment consists of the provision of services or execution of works. Likewise, the new Civil Code, unlike the old regulation, does not set forth anymore expressly the condition that the payment be made in error by solvents; however, the author argues, with convincing arguments, that the error of solvens is usually an actually relative prerequisite of the undue payment. A large space is given to the obligation to reimburse the undue payment and the rules applicable to it regarding the existence, the limits and its manner of execution. Most of these rules are located in a separate title of the Civil Code (Art. 1635 to 1649) and apply, with some exceptions, to all reimbursement obligations, regardless of their source. The author notes that, in their content, these rules contain many new elements compared to the old Civil Code, which tries and manages to examine carefully, formulating relevant solutions and answers. -
The following article analyzes mediation procedure implemented in the Romanian law system by the Law No 192/2006 on the mediation and on the organization of the profession of mediator. The paper makes a critical assessment of the problems encountered in implementing mediation procedure in the cases generated by the public administration activity. It also presents the jurisprudence of the Romanian Court of Accounts on this subject. -
This study aims at advancing solutions in view of correctly construing and interpreting certain provisions regulated under Law No 303/2004 on the status of judges and public prosecutors, in view of determining whether ex-judges and public prosecutors are entitled to benefit from the recalculation of their service pensions as a result of reaping the length of service obtained from practicing as lawyers, after retirement.
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Prin instituirea Uniunii Europene, statele au limitat drepturile lor suverane în anumite domenii și au acceptat competența acesteia (exclusivă, partajată sau de a întreprinde acțiuni de sprijinire, coordonare sau completare a acțiunii membrilor). Față de reglementările europene specifice executării silite1, Directiva 93/13/CEE a Consiliului din 5 aprilie 1993 privind clauzele abuzive în contractele încheiate cu consumatorii2 nu prevede expres aplicabilitatea în cursul acestei etape a procesului civil. Cu toate acestea, Curtea de Justiție a Uniunii Europene a stabilit în jurisprudența sa3 că Directiva trebuie avută în vedere de instanțele naționale și în anumite litigii vizând executarea silită, pentru a fi verificat caracterul potențial abuziv al unor clauze în sensul acestui act normativ.
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New technologies, such as wireless communications, generate unique threats to human health and to the quality of the environment. Among them, electromagnetic fields (EMF) – of the relay antennas or power lines – represent a colourless, odourless and invisible pollution with adverse sanitary effects. As the technologies of the field are rapidly evolving, even before their negative consequences can be sufficiently researched and proven by science, they create difficulties for the ability of the right to adapt and respond appropriately to the new problems thus raised. Among the first legal reactions in the matter are those registered as regards the human rights, especially ECHR case law, which assimilates the EMF threats in the context of Article 8 of the Convention, involves the precautionary principle and imposes the notion of gravity threshold. The Case Calancea and others v. The Republic of Moldova (2018) represents an important moment in the opening of the Strasbourg court to the new problems of EMF and, despite the reluctance manifested by means of the judgment delivered, this implies a recognition of the existence and of the need for legal assimilation of new threats to human rights and the jurisprudential consolidation, in this context, of the right to a healthy environment.
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Part of our daily lives, light pollution enjoys less media coverage than other, more serious environmental issues, like climate change, air pollution, desertification of many areas of land, illegal deforestation of huge areas of forest land. We are talking about light pollution when artificial lights are everywhere – through billboards, street lighting, etc. – and such intensity that it changes the levels of natural lighting the night, with negative impacts on human health and biodiversity.
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The study has as subject olfactory pollution and it aims to outline first that this type of pollution is far from being a mere discomfort that most sensitive people feel acutely, because unpleasant odours, miasmas, are proof of some chemical substances with harmful effects on the human body. Then, the article shows that while the number of public complaints is steadily increasing, the regulations – national, foreign, European – still have a timid and anaemic nature. From the results of the researches it follows, first, that the olfactory pollution is related to the wider theme of air pollution, which as an essential element of life (and therefore to us people!) must meet a number of conditions expressed by: temperature, humidity, purity, chemical composition. These conditions must lie within the limits of tolerance of the human body and of existence of the fauna and flora; due to natural phenomena, as well as to human activities, in the modern society, air has undergone major changes materialized either in the change of concentration of some natural compounds or in the penetration of some elements unknown to this environment, radioactive substances, chemical substances resulting from human activities, the air thus becoming the „garbage dump” for all gas or gaseous wastes produced by the living. Therefore, we are talking about a polluted air, not just when it is manifested by the presence of substances other than the natural composition of the air, but also when their quantity makes it unsuitable for the fulfilment of its roles. Starting from here, for the specialists in different fields, the notion of „polluted air” will have different meanings; thus, for the physician, the air is polluted when the concentration of unknown substances reaches harmful levels for the human body, while for industrial technologist, concerned with corrosion, when the pollutants reach concentrations that alter the structure and operation of plants.
