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In the absence of an express legal obligation that obliges the data controller to prevent conflicts of interests in its organization, there were often raised in the judicial practice problems related to the existence of a legitimate purpose of data controllers in Romania to process the personal data of the candidates within a process of recruiting the future employees, respectively their family members, affiliates or even close persons, namely of the actual possibility to comply the data controller’s obligation to inform the data subject, being whether a candidate or a person close to them. The same problems arise also in case a potential or actual conflict of interests occurs during the execution of an individual employment contract, thus while the data subject is employed by the data controller. This study therefore seeks to expose the main issues related to the fulfilment of the legal requirements applicable to personal data processing operations performed for the purpose of managing conflicts of interests both in the public sector and in the private sector, aiming at ascertaining the existence of a legitimate purpose, of the legal basis applicable to such a process in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), but also the rights of the data subject, respectively the data controller’s obligations -
Rome was an example of universal state becoming the strongest state of the European antiquity, remaining however in the collective memory as a mechanism that worked perfectly, determined by the Roman law system that distinguished itself by the high degree of abstraction, by the lapidary logical constructions, as well as by a perfect legislative technique. It is unanimously acknowledged that the Roman law has not remained a mere historical document, continuing to directly influence subsequent regulatory systems, proving both its viability and its living spirit. This has lead to the suggestive assertion in the specialized doctrine that „although the kingdom of the Roman people has perished, the kingdom of Roman law still lives”1, and at a brief analysis it can be established that the Roman juridical way of thinking is present in the system of the European modern legislative construction.
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The registers of the professionals are the main tool for knowledge, recording and control of their activity. Along with these functions, the registers of the professionals also have a probative function, the legislator including them in the category of documents under private signature, although they do not constitute a proper written evidence, but an improper one. The entries made in the registers are not made for the purpose of constituting an evidence, but of keeping the records, as established by law. But, through these entries, the professional practically recognizes the attested circumstances, the operations performed. The legal regime of registers of the professionals derogates from the principle of nemo sibi titulum constituere potest, a derogation which is explained by the nature and functions of the registers of the professionals, as well as by the conditions established by the law for keeping them. The Civil Procedure Code lays down the general rules referring to the probative force of the registers of the professionals (therefore, of the registers of all professionals, and not only of the traders’ registers), distinguishing, from a probative point of view, between the registers drawn up and kept in compliance with legal provisions and the registers kept in non-compliance with the legal provisions. The provisions of Article 280 of the Civil Procedure Code (called „Registers of the professionals”) are applicable only to registers, and not to other categories of documents, such as invoices, telegrams, faxes, receipts, etc., from professionals. The registers of the professionals can not bring evidence against the foreigners concerning the relationship among professionals, even if they are regularly kept. The delimitation of the legal relations between professionals from other civil legal relations is based on the concepts of professional and enterprise, concepts whose meanings are specified in Article 3 of the Civil Code, and Article 8 (1) of the Law No 71/2011 for the implementation of the Civil Code includes in the notion of „professional” the categories of „trader, entrepreneur, economic operator, as well as any other persons authorized to carry out economic or professional activities”. The records of the professionals kept in compliance with the legal provisions can give full evidence in court, both to the contrary and in favour of those who keep them, provided that the dispute is between professionals and concerns operations or legal acts which constitute facts and matters related to their professional activity. The registers of professionals, unlawfully kept, can not represent evidence in court in favour of those who have kept them. These registers provide evidence against the professional who kept them, but the part that prevails on them can not divide their content. The evidence resulted from the registers of the professionals is left by the legislator at the sovereign appreciation of the court, whether or not they are legally kept. The court can base its own solution even on other evidence. But, it must motivate the admission or removal of the registers as means of evidence. The registers of professionals may be presented in the trial by appearance or, as the case may be, by communication, or may be investigated by rogatory commission, provided that the documents or registers are in another court jurisdiction.
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The present study analyzes how the trial procedure for the application for voluntary intervention was regulated by the Law No 134/2010 on the Civil Procedure Code and the arguments for which the author considers that it is not justified to change this procedure by the Law No 310/2018 for amending and supplementing the Law No 134/2010 on the Civil Procedure Code, as well as for amending and supplementing other normative acts. The result of the study is reflected in the opinion according to which the conclusion of rejection as inadmissible of the application for voluntary intervention had to be maintained in the form existing before the adoption of the Law No 310/2018, namely that it can be challenged separately. Thus, the conclusion of the admission in principle could only be challenged at the same time with the merits, whereas in the event that the application for intervention is rejected as inadmissible, the conclusion could be appealed within 5 days, which was running from ruling for the present part, respectively from the communication for the missing part. The legal remedy was only the appeal, if the conclusion was given at first instance, respectively only the review to the hierarchically superior court, if the conclusion was pronounced in appeal. The settlement of the legal remedy took place within a short time limit of no more than 10 days of registration, the file being submitted to the judicial control court in a certified copy for conformity with the original, within 24 hours of the expiration of the time limit. The legal remedy had suspensive effect, the examination of the main claim being suspended until the appeal is settled. By the Law No 310/2018 it was amended the court procedure, referring to the means of appeal that can be exercised against the conclusion through which the application for voluntary intervention was settled. In this regard, irrespective of the fact that the court admits or rejects the application, the conclusion can only be challenged at the same time with the merits. In this way, the potential intervener has to wait for the finalisation of the litigation to be settled before the first instance or before the court of appeal, in order to be able to benefit by his right. If the means of appeal exercised against the conclusion of rejection of the application for intervention as inadmissible, the judgment pronounced is cancelled by law, following that the case be re-judged by the court before which the application for intervention was formulated, which is usually the first instance, but, by exception, it may also be the instance of appeal. The resumption of the trial is made at the time when the admissibility in principle of the application for intervention is discussed. In the author’s opinion, by the re-examination at this point, the process is delayed, since all the procedural acts carried out must be resumed. Maintaining the possibility of separately challenging of the conclusion of rejection as inadmissible of the application for voluntary intervention, in the author’s opinion, was contributing to the unitary settlement of the litigation at the first instance, and by regulating some short time limits for the means of appeal, it was ensured the compliance with a reasonable time limit for the finalisation of the trial.
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The Insolvency Code, in Article 65, provides as follows: „(1) The procedure shall be initiated on the basis of an application filed to the tribunal by the debtor, by one or more creditors, or by the persons or institutions expressly provided by the law. (2) The Financial Supervisory Authority files an application against the entities regulated and supervised by it, which, according to the data available to it, satisfy the criteria provided in the special legal provisions for opening the procedure provided by this Law.” As such, it can be said that the scope of the persons to whom it is recognized the right to refer the matter to the court is delimited by the legal provisions, excluding the ex officio referral to the tribunal, contained in the old regulation of the Commercial Code. The Framework-Law shows very clearly that the debtor in insolvency is obliged to submit an application to the tribunal in order to be subject to the provisions of this Law, within maximum 30 days of the occurrence of the state of insolvency, being able to come before the tribunal with such an application also the debtor for whom the occurrence of the state of insolvency is imminent (Article 66), any creditor entitled to request the opening of the procedure provided in this normative act against a debtor presumed to be in insolvency having the right to initiate, in its turn, an introductory application (Article 70). Given that the debtor himself is the most suitable person to know the state of insolvency or the imminent insolvency of his patrimony, it was normal for the legislator to admit that it had an important role in the initiation of the collective procedure. The creditors, not having the right to request the opening of the imminent insolvency procedure, but only for current (presumed) insolvency, could not act before a real and manifest imbalance was produced in the debtor’s patrimony, when the financial difficulties were already revealed by the inability to pay the due obligations.
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In this study, the author presents, from the point of view of the constitutional law, the complex process of re-emergence of the state formations after the break-up of the Roman imperial administration at the end of the 5th century. The collapse of the boundaries of the West Roman Empire and the penetration of the conquering migratory populations to its centre have generated not only the destruction of the military capacity of the empire and its army, but also of the political institutions and of the entire Roman administration. Practically, the Roman state has entered an advanced dissolution process that has led also to the replacement of the old production relations with new relations. Instead of the Roman administration, rudimentarily organized patriarchal formations which responded to the new military conditions imposed on the indigenous population by the conquering populations appeared. At the same time with these, in the former Roman provinces, the Christian churches continued to carry on a social organization activity. Practically, the Christian Church took over some social organization and management functions, specific in the past to the Roman administration. The gradual conversion of the conquering populations to Christianity has stimulated the process of restating and the emergence of the first barbarian kingdoms. The Church had thus an overwhelming role and hastened the re-emergence of the statehood on the former territories of the vast Roman Empire. Finally, new states have emerged on the European continent, with well defined ethnic physiognomies and endowed with a political administration based on constitutional principles that have proven their validity in the subsequent centuries. At the same time with the formation of the new states, a new theory of the political institutions has been forged and gradually developed, in which, along with the elements of laic thinking, many precepts of Christian religion can be emphasized.
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For the Romanian legal system, the case law does not have the quality of formal source of law. Nevertheless, the legal reality, also seen from a historical perspective, has demonstrated the essential role of the judicial practice in interpreting and enforcing the law, in constructing the argumentative practices, in clarifying the will of the legislator, and in discovering less obvious meanings of the legal norms, and last but not least to the unification of legal thinking and practice. Therefore the case law, together with the doctrine, is an important component of the Romanian legal system. Staring from these considerations, in this study we aim to emphasize a few aspects of constitutional case law. We are underlining its contribution to the emergence of the constitutionality control of laws in Romania. Under the influence of the Constitution of 1866, which did not regulate such a control in an institutional manner, the courts have assumed this competence by interpreting the law and by jurisprudential way. There are also presented and analyzed important contributions of the case law of the Constitutional Court, but also of the judiciary courts to the development of constitutionality control in our country. We support the idea that the case law currently plays an important role in the interpretation of the constitutional norms, including in terms of deepening the forms of constitutional control.
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The Court of Justice unitarily interprets the law of the European Union by way of the preliminary reference procedure. Social networks make available to every person possibilities of individual communication or in communities. The meeting between the Court of Justice and the social networks is not new, but now the European Court has consolidated the interpretation of the notion of controller within the regulations on personal data protection. The administrator of a page hosted by a social network is a controller within the meaning of European legislation. The study attempts to correlate the main attributes of the controller with the functions of the administrator of a page hosted by a social network and to deepen the liability of this administrator.
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Cybercrime has become a serious threat to the fundamental rights of individuals, to the rule of law in cyberspace and to the functioning of democratic societies. Cloud Computing provides several benefits such as increased flexibility, scalability and reduced cost. However, it also provides several challenges for digital forensics and criminal investigators. In an investigation involving Cloud Computing services, investigators may seek access to the data held on computer systems located in foreign jurisdictions, held by foreign service providers or where the physical location of the data is unknown. Despite a growing adoption of Cloud Computing, law enforcement agencies and the judicial system are unprepared to prosecute Cloud-based crimes. This article considers various forensic challenges for law enforcement in a Cloud Computing environment and discusses measures against cybercrime, involving electronic evidence given the transnational and volatile nature of electronic evidence. By focusing on problems and solutions we examine the whole extent of legal measures that need to be implemented.
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By Decision No 405/2016, the Romanian Constitutional Court (CCR) ruled that the provisions of Article 297 (1) of the Criminal Code (misfeasance in office or misconduct in office) are constitutional only if the sentence „fulfils wrongfully” has the meaning of „fulfils by breaching the law”. However, in more than two years from the publication of this Constitutional Court Decision, it is worth to notice that the jurisprudence of the criminal courts knows diametrically opposed interpretations. In one opinion, the Decision is interpreted as of the utmost generality, while a second opinion regards the CCR provisions as being of strict interpretation, whereas for the existence of the respective criminal offence is necessary that the public servant breach one of the laws that govern his activity or at least a provision that is part of its duties in office. The article presents the jurisprudence of the Romanian courts related to the crime of „misfeasance in office” while examining it in the light of the requirements of the principle of legality and of the CCR Decision considerations.
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The study addresses the issue of the role of the judicial power within the system of separation of powers in the state, as well as its interaction with the legislative power, respectively the executive power, mainly using the method of analysis and of the case study, respectively of the jurisprudential study. Starting from the necessity, justified in a democratic state, of the existence of a system of mutual control between the authorities called to exercise the power, the authors present the creative role of the judge, called upon to apply, by interpretation, his right and principles, to a situation of fact, pursuing the respect for citizens’ rights and freedoms. Certainly the necessity of limiting the abusive or arbitrary conduct in exercising the functions of any of the three powers of the state can only be achieved when mutual control is effective and guaranteed by the legal regulations, as well as by the institutional practice, based also on the principle of loyal collaboration between institutions and public authorities. The members of the judicial power must respect high standards of ethics and professionalism, and their independence and impartiality are guarantees of respecting their role in democratic regimes based on the principle of separation of powers. The paper presents aspects referring to the interaction of the judicial power with the legislative one and the executive one respectively, by analysing the relevant case law of the Constitutional Court, which has established the parameters of this relationship, so as to guarantee the respect for the functions assigned by the Fundamental Law to each power, respectively to respect the citizens’ freedoms and the prevention of arbitrariness in the exercise of power.
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The study intends to make a comparative analysis of the legal provisions of the Romanian Civil Code from 1864, in relation to those of the current Civil Code, regarding the tort civil liability, highlighting similarities and differences between the two regulations, by presenting some novelty elements which the legislator brought to the current Civil Code. It was envisaged a historical presentation of the doctrinal conceptions regarding the civil liability, based initially on the subjective theory and the evolution towards the objective approach of liability, in the variants of profit risk, of the risk of authority and the risk of activity, by specifying the coexistence of the two foundations of liability, subjective and objective, and of the scope of each of them. Our attention is retained by the presentation of the foundation of civil liability in the system of national law, the elements of convergence and divergence between civil liability and contractual civil liability, the technical forms of tort liability, the liability for one’s own deed, the guilt and liability exonerating causes, the civil illicitness and the causes of removal of the illicit nature of the deed, the tort liability of the legal person, the novelties of the regulation of the liability for the deed of another (minors, persons under interdiction, the liability of the principals for the damage caused by minors) and the legal foundation of this liability, the liability for the damage caused by animals and the ruin of the edifice. It is also retained the new vision of the current Civil Code in the matter of liability for things, with special regard to the matter of collision of vehicles and the legal basis of this liability.
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The authentic document is the document drawn up or, as the case may be, received and authenticated by a public authority, by the notary public or by another person invested by the state with public authority. Likewise, any other document issued by a public authority and to which the law confers this character is authentic. In other words, in order to be qualified as „authenticated document”, a document must meet the following requirements: a) be drawn up or, where appropriate, received and authenticated by a public authority, a notary public or by another person invested by the state with public authority; b) the instrumenting agent must be competent from material and territorial point of view to instrument the document; c) to be drawn up in compliance with the formalities required by law or, as the legislator specifies, „in the form and under the conditions established by law”. The legislator devotes the field of authenticity to the document, specifying the elements which relate to authenticity, namely: establishing the identity of the parties; expressing their consent about their content; the signature of the parties and the date of the document [Article 269 (1) second sentence of the Civil Procedure Code, Article 90 (2) of the Law No 36/1995]. The signature of the public servant confers authenticity to the document on which it is given. It follows that it falls into the field of authenticity what the instrumenting agent finds ex propriis sensibus. The document which by its form and appearance (the signature of the public notary or the public servant, the seal of the authority, the registration number, etc.) has the aspect of an authentic document drawn up regularly enjoys the presumption of authenticity and validity, and the contesting party can only fight against it by means of the procedure of registration of forgery.
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On the background of some possible controversies, the rational interpretation of Article 56 (4) of the Labour Code involves the solution according to which the conclusion of an independent individual labour contract does not take place, but the initially concluded contract of the employee is extended, with the approval of the employer. As a result, the cessation by law of the contract takes place at the time when one of the time limits agreed upon is reached: one, two or maximum three years.
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In this article the author analyses who can have active and passive quality in administrative contentious disputes according to the provisions of Law No 554/2004 of administrative contentious, as amended by Law No 212/2018 for amending and completing the Law on administrative contentious No 554/2004 and other normative acts. The article highlights the correlations existing between the Law of administrative contentious, the Civil Code and the Civil Procedure Code in the subject matter. The article provides solutions to many practical problems.
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In this article, the author analyzes the legal nature of the parliamentary committees and concludes, together with other authors, that they should be considered as internal working bodies of each Legislative Chamber. The role of parliamentary committees, whether standing committees or committees of inquiry, or other special committees, is to prepare the works which are going to be debated in the plenum of the Legislative Assemblies. As working bodies, the parliamentary committees do not have their own decision-making power over the matter referred to them. In other words, the parliamentary committees do not express a political will, in a deliberative sense, because their role is to examine the matters referred to them by the standing bureaux of the Legislative Chambers and to make proposals thereto. The reports and opinions they make on the matters under examination have the value of recommendation made to the plenum of each Legislative Chamber, these being free – as deliberative bodies – to accept or reject the solutions proposed by the committees. Each Chamber of Parliament has the full freedom to set up specialized committees in certain areas of activity. The Constitution obliges the Legislative Chambers to set up permanent committees and to set up – when it deems necessary – committees of inquiry or other special committees. The composition of the parliamentary committees reflects, as far as possible, the political configuration of the Chamber that has decided to set them up.
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This paper has as objectives the analysis of the possibility to raise requests and exceptions in the procedure of confirmation of the solution to abandon the criminal prosecution, in relation to the exigences given by the right to a fair trial to which the suspect or defendant should be entitled. The study relates to the functional competence of the preliminary chamber judge and has as purpose to express the considerations for which the same procedure should be applied also in the processual course of the confirmation of the solution to abandon criminal prosecution. From this perspective, we will also analyze the competence to verify the legality of the administration of evidence by the criminal prosecution bodies in the light of its significances. At the same time, we will find out if the Decision of the Constitutional Court No 802/2017, by which the constitutional contentious court has enshrined the principle of the freedom of evidence in the preliminary chamber phase, should be applied also in the procedure of confirmation of the solution to abandon the criminal prosecution, before the preliminary chamber judge, in order to allow that it should be administered any means of evidence referring to the legality and loyalty of conducting criminal prosecution acts and the administration of evidence.
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In the present study we have proceeded to analyze the text of Article 318 of the Criminal Procedure Code, in the light of the judicial practice in the matter. We also insisted on presenting some malfunctions in the application of the provisions of Article 318 (16) the 2nd sentence of the Criminal Procedure Code, provisions which in their essence prohibit the case prosecutor to adopt a solution to abandon criminal prosecution in the event that this solution was initially rejected by the preliminary chamber judge. The provision in question is all the more controversial as it is mentioned even therein this prohibition irrespective of the reason invoked, which leads to the conclusion that the solution to abandon criminal prosecution can no longer be ordered by the prosecutor, even if the evidence administered show that its adoption is required. In this context, the provisions criticized seem to be unconstitutional, because by applying them, the prosecutor is obliged by the legislator to violate several provisions of the Constitution, among which there is the principle of legality.
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Fără îndoială, după 2007, anul aderării României la Uniunea Europeană, unul din avantajele preluării în sistemul juridic național a unui set de reguli care funcționa de mai bine de 30 de ani la nivelul statelor membre ale Uniunii ar fi putut fi evitarea erorilor și disfuncționalităților care au marcat evoluția acestor reguli. Era de așteptat ca în materia achizițiilor publice erorile de aplicare a reglementărilor, care au fost corectate pe parcurs de Curtea de Justiție a Uniunii Europene, să nu mai fie reluate în aplicarea acestor reglementări în sistemul național. Cu toate acestea, de o manieră relativ nespectaculoasă, practica în materia achizițiilor publice reia o serie de erori legate de calificarea contractelor supuse directivelor în materie, deși acestea au fost clarificate de jurisprudența Curții de Justiție a Uniunii Europene.
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The final table of claims is the result of the expiration of the time limit for contestations, without such a contestation being lodged or, as the case may be, the outcome of the solutions given by the courts after the examination of the contestations. In the final table there may be entered also the current claims, at the request of their holders, and this can no longer be contested for the usual reasons for which the preliminary table could be challenged. Instead, in compliance with Article 113 of the Law No 85/2014, the final table may be contested by any party concerned (so, not only by debtors or creditors), throughout the procedure (so not just 7 days after the publication of the preliminary table in BIP) for the discovery of a forgery, of a fraud or for an essential error in the drawing up of the table or for the discovery of some decisive titles, previously unknown (called, in practice, brevitatis causa „contestation for essential error”). We have pointed out that the current regulation reiterated the error in Article 75 of the old Insolvency Law No 85/2006, whereas it only refers to the recording in the table, and not to the omission to record in the table, when it regulates the objective of the contestation. Posting of the definitive table is an important landmark in the procedure, since a 30-day period is running therefrom during which a draft reorganization plan must be proposed, under the sanction of bankruptcy. The preliminary table of claims contains all claims accepted by the judicial administrator, as a result of the verification made under Article 106 of the Law. The claims arising before the opening of proceedings are recorded therein, both the ones overdue and the ones not due, pure and simple or conditional ones, as well as those in dispute (if these are known to the judicial administrator).
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The administration of evidence necessarily implies that the evidence is first proposed and produced (submitted) by the parties and then approved by the court. The legislator of the Civil Procedure Code instituted a regime of evidence renewed in its spirit and in its formal expression, devoting, in addition to the general provisions on the administration of evidence (Articles 260–263 of the Civil Procedure Code), also some provisions specific to the administration of evidence by written documents (Articles 292–300 of the Civil Procedure Code), as well as to the conduct of the procedures for verification of documents (Articles 301–308 of the Civil Procedure Code). As a rule, the production (submission) of the documents takes place voluntarily, under the terms and conditions set by law. However, in some cases, the documents relating to the pending trial are not produced voluntarily, whereas their presentation in court could have consequences for those who hold them or for their spouse, kin or relatives. The attitude of the person who holds the document not to produce it voluntarily may have different motives: family secret, business secret, confidentiality, strictly personal matters about the dignity or private life of a person, etc. In other cases, bringing written documents to court would be too expensive or the documents would be too voluminous or numerous. In such cases, the justice of the dialogue will prevail. From the correlation of the provisions of the final sentence of Article 22 (2) with those of Article 254 (2), Article 254 (5) of the Civil Procedure Code, it appears that the legislator draws attention to the cooperation which must exist between the judge and the parties, as regards the evidence of facts, without thereby understanding that the judge substitutes the parties, automatically filling the passivity of the party either a claimant, or a defendant
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In this article, the author analyzes the legal nature of the Constitutional Court, a political jurisdictional authority of jurisdiction, whose role consists mainly in controlling the constitutionality of laws and of other acts adopted by the Romanian Parliament and by the Government. The Constituent Assembly of 1991 opted for the institutionalization of the European model of constitutional jurisdiction, according to which a body independent in relation to the powers of the State assumes the role of guarantor of the supremacy of the Constitution. The constituent legislators have preferred to abandon the control of the constitutionality of laws enforced by the supreme court, which was established by the Fundamental Law of 1923. In the constitutional architecture of the Romanian State, designed after the change of the political regime at the end of 1989, the Constitutional Court is a political-jurisdictional body whose legal nature derives from the way in which it is organized and structured, as well as from the attributions conferred to it by the Constitution. At the same time, the Constitutional Court also appears as a regulating body of the public authorities with governing powers in the state, which it obliges, through its decisions, to return to the constitutional legality. The author highlights both the political and the judicial nature of the Constitutional Court and shows that there must be a balance between the two essential characteristics of this public authority, in order for it to fulfil its constitutional role in a complete independence and impartiality and not to transform itself into a political tool for solving the relations between powers, especially between the legislative power and the executive power, which should benefit to one or another of the political actors.
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In this study the authors intended to investigate the procedural rules specific to the judicial control of the acts issued by the public authorities in the matter of restitution of properties taken over by the State during the communist regime, as well as the processual guarantees enjoyed by the persons concerned for the effective exercise of the right to a fair trial and the right to respect the goods regulated by Article 6 paragraph 1 of the European Convention on Human Rights and, respectively, Article 1 of Protocol No 1 to the Convention. During this scientific process, the authors have identified the shortcomings of the legislation in the matter and have formulated de lege ferenda proposals for complying with the Pilot-Judgment of the European Court of Human Rights in the Case Maria Atanasiu and others against Romania, whereby it has been decided that the Romanian State takes measures to guarantee the effective protection of these rights. The proposed legislative amendments have as purpose to re-open access to justice for the eligible persons, in compliance with the requirements of ECHR law, in the cases where public authorities refuse to resolve their requests for restitution of buildings abusively taken over by the State.
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The regulation of the profession of physiotherapist was made in Romania by the Law No 229/2016, which also established the College of Physiotherapists from Romania, as a professional organization, of public interest, having as object of activity the authorization, control and supervision of the exercise of profession of physiotherapist. In this article there are presented aspects regarding the outlining of the notions of physiotherapist/kinetotherapist, regarding the content and organization of the profession of physiotherapist by the new regulations, as a liberal profession of authorized public practice. In the present study it is analyzed the context in which it was adopted the Law No 229/2016, at a time when the status of the profession of physiotherapist was not regulated, at a time when the County Public Health Directorates issued authorizations for free practice which authorized persons licensed in other fields (physical training and sports), there are emphasized the current conditions for issuing the free practice authorization for physiotherapists. The study presents aspects regarding the recognition of the diplomas and qualifications at European level and the mobility of the profession of physiotherapist, as well as aspects related to the introduction of a European professional card and to the possibility of issuing the certificate of conformity. There are presented aspects concerning the compensatory measures designed to eliminate the important differences in programs specific to physiotherapy. In his activity, the physiotherapist must comply with the Code of Ethics of the Physiotherapist and the Status of the College of Physiotherapists from Romania. Elements of novelty regarding the malpractice in physiotherapy are presented, with connections to the experience gained in the sphere of medical malpractice, including with references to the subjective foundation of the civil liability of the medical staff.
