The objective of this study is to nuance practical problems that may arise in the application of the provisions of the Civil Code in matters of the right of preference to tenancy. In the absence of some exhaustive legal norms (Article 1828 of the Civil Code making reference to the provisions of the right of preemption that must be properly applied), we consider that it is inevitable that in the hypothesis of a litigation there are no divergent interpretations which have as source unclear rules that govern this matter. We have focused, primarily, on identifying the compatibility of the provisions of the preemption right with that of the right of preference, being essential the correct interpretation of the phrase „properly”. We later pointed out the holders of this right and the conditions that must be met in order for this to may be exercised. More specifically, we have leaned on the analysis of a condition whose limits are not clearly laid down by the law: what does it mean the obligativity for the tenant to perform the obligations on the basis of the previous rental and whether the notion of non-performance also includes the delay in performing the obligations. In addition, we have analyzed the nature and moment from which the exercise of the right begins to run, considering that particular issues are raised by the notification which the lessor is obliged to send to the lessee in view of exercising the right of preference, since the moment of communication thereof is also the one from which the term of exercise of the right begins to run. We have identified two judgments expressing two fundamentally different views referring to what the content of the notification must be, analyzing the arguments of both courts and exposing our own point of view. Last but not least, in terms of the differences between the contract of sale and the one of tenancy, our approach has continued by pointing out how to exercise the right of preference, respectively of the amount of rent that must be recorded and the moment when the recording must be made – which, from our point of view, differs from those in the matter of preemption. We have concluded with the moment when the new rental agreement was signed, along with the effects it produces. We hope that this study will prove useful to be to practitioners in particular, as we have tried to answer questions and provide explanations where the legislation and doctrine have not done it so far, although the questions have already arisen in practice, imperiously requiring an answer.

With Marice Hauriou, in France, public law goes into the modern age. By his style, by the number and complexity of the themes he approached as well as by their exhaustiveness, this founding father of French administrative law – as we know it today – leaves behind a legal literature that, up to him, has only been able to provide sterile and purely descriptive commentaries of normative acts, modest works belonging to those that the modern history of public law labelled as of glossary or repertory writers. Hauriou is the one who, for the first time in the history of French administrative law, confers it the terminological and ideological substance for which it is highly appreciated by public law specialists today. Among the major themes that Professor Hauriou has approached in his work, the following are still outstanding, due to the accuracy and relevance of the analyses surrounding them, such as: – the administrative regime and the administrative function; – the institution and the institutional phenomenon; – the legal persons of public law, the public establishments and the establishments of public utility; – the public administration; – the public interest and the administrative management; – the public service; – the civil service and the civil servant; – the public property and the public domain; – the self-executing decisions or the unilateral administrative act; the administrative contract; – the administrative litigations; – the acts of government; – the discretionary power of the public administration; – the patrimonial liability for the public administration’s illicit acts; – the administrative police. Most of these themes have been systematically addressed by Hauriou, either by reference to the ideological foundation represented by the „public power”, or in relation to the notion of corporate institution, or in connection with the fact that administrative law groups rules with a derogatory nature from the rules of civil law, and legal persons under public law called upon to carry out the administrative function of the State are endowed with exorbitant prerogatives, the exercice of their duties being likely to result in a restriction of the freedom or the property of individuals. Surely, this risk – far from being totally eliminated – can be diminished, but only when individuals have effective tools to fight against abuses by executive authorities. According to Hauriou, an important place among these instruments is occupied by the so-called judicial review on abuse of power, a type of judicial action aiming at the annulment of unlawful administrative acts.

In this article, the author proposes to analyze the place and role of the constitutional law in the legal system, starting from the object of regulation of its norms: establishing the modalities of organization and functioning of the state and, within these, the forms of exercising and transmission of the powers through democratic electoral procedures, as well as of the fundamental rights and freedoms of citizens. The constitutional law has received in doctrine a wide range of definitions in the doctrine, all authors emphasizing the quality of constitutional law to underlie the structuring of the national legal order, in the sense that all branches of law reside, at the level of general principles, in the constitutional law. The author states that the constitutional law norms are meant to protect and capitalize the most general interests of the society and of the state, as well as the fundamental values of a politically organized human community geographically located on a determined territory. Due to its structural role in the organization and functioning of the system of law, constitutional law sets guidelines for the other branches of law, takes over from these norms to which it is conferred the legal force of a constitutional norm and thus contributes to the shaping of a pyramidal hierarchy of norms of law depending on their legal force. At the bottom of the pyramid it is placed the Constitution, to which all the other norms of law are subordinated. The author also deals with the constitutionalization of the law, a process that results from the extension of the constitutional regulation of some social relations reserved by tradition to other branches of law.

Within the international trade relations, risks may currently arise from certain facts or events that result in conflict situations between the parties involved in commercial operations, having as consequence the appearance of the litigation. In this context, a special place is occupied by maritime litigation, a complex, plurivalent dispute, combining elements emerging from international trade law, transport law and maritime law. The present study aims to identify and analyze the main issues that give the maritime litigation a particular nature, conferring it, legally, a specific character compared to other international trade disputes. The objectives of the research are circumscribed to the analysis of the characteristics of the maritime litigation, of the causes of its occurrence and of its conditions of manifestation. Within the paper, special attention was devoted to studying how to instrument the maritime litigations, with the methods of the maritime technique and the legal and economic solutions used in this matter. With regard to the procedures of settlement of maritime litigations, the study focuses on highlighting the operational phases, the analysis of evidence and of other issues that configure the applicable procedural framework in case the parties involved have expressed the option to settle the dispute for the contentious procedure. Examining the specific features of this original type of disagreement has highlighted a pronounced pragmatic character over the theoretical argumentation taking into account the force of maritime or harbour regulations or usages in this field. The notion of maritime litigation and its regulation became outstanding at a stage preceding the emergence of maritime law. Over time, seafarer’s practices have created usages and traditions specific to trade in goods carried by sea, which have led to the unification and even codification thereof in the context of classical maritime law. The scope of the notion of maritime litigation is much wider than that of the maritime trial and has an earlier application over time, whereas only a part of the maritime litigations lead to a proper judicial trial or to a maritime arbitration. Maritime litigations can be defined as disputes between two or more parties involved in the maritime expedition or between the signatory parties to specific contracts used in all activities related to maritime trade. In this regard, disputes of a maritime nature may arise as a consequence of the non-performance or malfunction of maritime transport contracts, so that it is indicated to mention in these contracts some specific clauses, stating the modality and rules for solving such conflict situations, including the jurisdiction clause, since the non-inclusion of this clause raises disputes over the jurisdiction of the courts of such litigious cases. Maritime litigations are dealt with by the specialists in the field both in the ante-judicial and judicial stage, through the correct coordination of the parties involved and the professional settlement of all the litigious aspects. The specialist in maritime litigations should be a person with cumulative competencies in the technical, economic and legal field, maritime navigation and port exploitation. Solving major maritime disputes is a complex and laborious process, which requires pragmatism, accuracy, increased attention, quick decision and efficiency. The general procedure for dealing with this disagreement is carried out on the basis of a strictly technical, specialized methodology and requires going through several phases such as the finding the occurrence of the event or conflict-generating act, the notification of the parties involved, the collection and preservation of the evidence for defence or for the drawing up of the complaint, quantifying and filing the complaint, taking a decision on the modality of approach, the negotiation and pronunciation of the solution to finalize the case. The resolution of maritime litigations is based on the case law in the field, strongly influenced by international maritime conventions and on the relations created between the rules from various law systems, applicable in the field, in the context of assimilation and implementation of the international trade usages.

Este foarte dificilă cercetarea noțiunei de ordine publică și determinarea conținutului acestei noțiuni este cu totul anevoioasă. Nu există, poate, în drept și în sociologie, o mai confuză noțiune, dar care să-și găsească mai variate câmpuri de aplicație și de care să se facă uz mai des, mai ales în ultimele timpuri, atât în relațiile particulare dintre indivizi, cât și în legăturile și raporturile dintre Stat și individ de o parte sau dintre State, de altă parte. Stabilirea conținutului exact al ordinei publice și analizarea tuturor efectelor sale depășesc cu mult cadrul normal al unui articol, chiar mai lung, dintr’o revistă juridică. Vom căuta totuși, în cele ce urmează, a schița rapid datele problemei, fără a pretinde că, în acest fel, am epuizat subiectul; de altminteri, intenția noastră nu este decât de a face o sumară introducere în examinarea acestui subiect a cărui analiză poate face obiectul unui întreg tratat.

Competența materială de a judeca propunerea de arestare preventivă a inculpatului față de care s-a pus în mișcare acțiunea penală pentru infracțiunea de nerespectare a regimului armelor și munițiilor, prevăzută de art. 342 C.pen., aparține judecătorului de drepturi și libertăți din cadrul judecătoriei, chiar dacă în cauză s-a început urmărirea penală in rem pentru infracțiunea de constituirea unui grup infracțional organizat, prevăzută de art. 367 C.pen.

Starting with 25.05.2018 the Regulation (EU) No 679/2016, also referred to as Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data has entered into force. This regulation, although replacing the previous applicable directive in the matter, respectively Directive 95/46/EC, taking over from its functioning principles, brings significant novelties from the point of view of the general framework in the matter of protection of personal data, circumstantiating and detailing many of the mandatory rules in the matter. By proposing to create a common framework at unional level, the Regulation No 679/2016 provides the necessary clarifications on the background of the galloping technological evolution and the accelerated growth of cross-border personal data flows. To that end, the aim pursued by the mentioned Regulation is to create a coherent and sound framework in the matter of data protection in the Union, in the context of a climate of confidence which will allow digital economy to expand on the internal market. It is, thus, intended to ensure that individuals benefit by a greater control over personal data, as well as to consolidate legal and practical security for the natural persons, the economic operators and the public authorities. Likewise, the Regulation strictly stipulates the premises in which any processing of personal data may be considered as being lawful and, thus, allowed, at the same time with the circumstantiation of the conditions in which the person concerned may be considered to have given his consent to the forecast processing. Also, a central element of the new European legislative initiative is to provide the necessary measures to ensure the transparency of the processing of personal data. In this respect, there are configured the obligations devolving on the operators of such data to inform the persons whose data are processed, as well as the cases and conditions in which the natural persons are entitled to rectify, erase or restrict the use of data concerning them.

The evolution of technology has facilitated the development of the so-called collaborative economy. Through collaborative online platforms, which „remove” the borders between states, various services such as short-term housing rental (Airbnb type), urban transport (Uber type), pet-sitting (PetBacker type), and others are provided. In Romania, the activities specific to the collaborative economy are in full development, in the context of the absence of some regulations specific in the matter. The purpose of the paper is to determine the role of the service provider in electronic contracts concluded through collaborative platforms and to which rules they must be subjected, taking as reference system the service provider with the habitual residence in Romania. It is analysed only the situation of service providers – natural persons, which can be grouped into two categories: a category of persons providing various services on an occasional basis, in leisure time, in order to obtain additional incomes (the so-called prosumers), category which is the basis of the collaborative economy, and the second category, which includes the persons who provide services on a regular basis, on a continuous basis, on their own and aiming at obtaining profit. The distinction between non-professional and professional service providers is difficult to achieve; there are no criteria in the legislation in the field of services for this purpose. The quality of professional or non-professional must therefore be analysed on a case-by-case basis, using the rules of the common law. The legal regime depends on the classification of the service provider into one category or another. The contracts in the collaborative economy are concluded by means of online collaborative platforms. Those operating in Romania mostly have their headquarters abroad, which awards international character to the contracts concluded. Using the regulations in force, there are analyzed the modalities to determine the law applicable to contracts and the authority competent to solve the disputes, which may arise between the service provider and the platform or between the service provider and their user. The study captures only a small part of the collaborative economy phenomenon and seeks to clarify some day-to-day situations, which can give rise to some complex legal problems.

This article investigates how the postcommunist Romanian political regime was defined, with particular emphasis on the settlement of legal conflicts of a constitutional nature through the decisions of the Constitutional Court. Through this research we aim to identify the successive incarnations of the political regime, having as a reference the dynamics of the postcommunist Romanian political regime in relation to the continuous and varied relationship of the forces of political actors, as well as to the way in which they interpret and apply the constitutional norms. The originality of this research lies in the fact that in the analysis of the Romanian political regime we will combine the normative-institutional perspective with the perspective of the political and institutional practice, in order to obtain a complex picture, overall, on the way of formation and articulation of the Romanian political regime. The article highlights a permanent evolution of the political regime in relation to the continuous and varied relations determined by the forces relations of the political actors, as well as by the way in which the constitutional rules are interpreted and applied by them. The intrusion into the Constitutional Court’s jurisprudence in settling legal conflicts of a constitutional nature confirms the analysis of the political scientist Giovanni Sartori, according to which the alternation of the nature of the post-communist Romanian political regime is determined by the political and institutional practice built in relation to the political relationship between the president and the parliamentary majority. Defining the nature of the Romanian political regime helps us to understand the dynamics and frequency of constitutional crises

The solution given by the Constitutional Court of Romania through its Decision No 358/2018 on the legal conflict of a constitutional nature between the Minister of Justice and the President of Romania, regarding the possibility of revoking the Chief Prosecutor of the National Anticorruption Directorate, as a result of which it acknowledged a „power of decision” on the part of the Minister of Justice on prosecutors’ activity, is based on the interpretation of the constitutional text provided by Article 132 (1), according to which public prosecutors shall carry out their activity under the authority of the Minister of Justice. This particular legal provision was interpreted by the Constitutional Court by applying the historical interpretation method, by expressly referring to the will of the original constituent, from which it could not digress without exceeding the limits of its interpretation operation and thus interfering with the law making process, in the Court’s opinion. But what are the limits of legal interpretation? How did the Constitutional Court justify its option for the historical interpretation approach? Is this historical interpretation static or dynamic, evolutive kind? Could the constitutional text have been interpreted from an evolutive perspective? But even so, did the Court make a just historical interpretation of the constitutional text? What are the solutions envisaged and how can the Constitutional Court fulfil its rightful role in a rule of law state?

Analiza problematicii invocate în titlu vizează atât considerentele, cât, mai ales, dispozitivul Deciziei Înaltei Curți de Casație și Justiție nr. 52/20181, pronunțată de instanța supremă în complet constituit pentru dezlegarea unor chestiuni de drept și care vizează interpretarea și aplicarea dispozițiilor art. 27 din Codul de procedură civilă. În concret, Înalta Curte a statuat următoarele: „În interpretarea și aplicarea dispozițiilor art. 27 C.pr.civ., cu referire la articolul 147 alin. (4) din Constituția României, efectele Deciziei Curții Constituționale nr. 369 din 30 mai 2017 se produc cu privire la hotărârile judecătorești pronunțate după publicarea acesteia în Monitorul Oficial al României, în litigiile evaluabile în bani de până la 1.000.000 lei inclusiv, pornite ulterior publicării Deciziei (20 iulie 2017)”.

PPPs, structured under Project Finance Standards, form a system determined by a normative complex organized by subsystems and interacting and interdependent elements conditioned by a process of control and communication. This systematic nature has an effect on the legal configuration of the content of the PPP contract. It was shown that financing depends, on the one hand, on budgets that condition it and, on the other, it acts as a determinant of other elements of the system, so that there is a close relationship between the financing of the project and the challenge of contractual management. The correspondence between the components of the project finance system is of reciprocal conditioning and is determined by the communication between its parts.