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The matter of personal data was subjected to review, in order to adapt the dynamics of the new technologies to the imperatives for protecting personal life. Regulation (EU) 2016/679 and Directive (EU) 2016/680 have as their object the personal data processing operations and reflect the process of adaptation to the new national and cross-border realities, and also reflect the harmonization of the numerous proposals formulated, particularly by companies and by the representatives of the civil society. The analysis concerns the new Regulation (EU) 2016/679 and is divided as follows: the first part delineates the relevant provisions of the personal data, identifies the right to privacy and the right to the protection of personal data, as fundamental rights of individuals, outlines the scope of the Regulation, details the terminology aspects and exposes the personal data processing principles; the second part addresses the rights of the persons concerned and the obligations of professionals in handling the personal data, the international data transfer, control authorities and procedures envisaged in the interstate cooperation. -
This study deals with aspects related to the procedure of recourse in cassation, which involves two stages: the admissibility in principle, which plays the role of a filter of recourses in cassation, and the examination of the recourse in cassation after the admission in principle. There are presented the effects of the recourse and the solutions that can be given for its settlement, underlining their lack of correlation with the cases of recourse in cassation, where appropriate, in the light of the decisions of the High Court of Cassation and Justice. Likewise, the decisions of the Constitutional Court and the legislative amendments operated so far concerning the trial procedure of the recourse in cassation will be considered. -
Present in the Romanian Criminal Code (Article 356), with ancient tradition of incrimination, the contamination of water makes the transition from the offences against public health to those concerning the environmental protection, meaning that, although being, in principle, a hazard offence, it involves an immediate result (harmful nature). This situation creates a series of difficulties in practice, including in terms of evidence, as it arises from the recent case law, a fact that requires a series of clarifications.
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The purpose of this paper is to offer the reader a brief incursion in the procedure of expropriation for cause of public utility, necessary to achieve some objectives of national, county and local interest, as it is regulated by the Law No 255/2010, as amended and supplemented. In this regard, the paper contains references to the relevant national case law, but also to the Norms of application of the Law No 255/2010, as well as to the applicable civil processual provisions, where appropriate.
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The archaeological sites – material forms of our past – are a finite and non-renewable resource of knowledge of our history, in a constant state of vulnerability to external factors that can lead to their irretrievable loss. Among these factors, the most destructive one that can be distinguished is the phenomenon of archaeological poaching as a source of supply to the national and international art markets. The illegal trafficking of cultural goods, often also involving activities of laundering of money or even of terrorism, is a widespread phenomenon worldwide. In order to fight it, the real protection offered to archaeological sites and museums, as well as ensuring the effectiveness of the instruments of international cooperation are the most effective means for defending the national cultural heritage. -
Websites are part of our everyday lives, giving us access to information in all areas, old or new, short or complex, original or processed, but few people who are accessing websites know that the latter also have a „memory”: they are able to remember exactly who has accessed them, from what location they have been accessed and which were the preferences of the author. This memorization manifests itself by cookies – small size files that are stored on a user’s computer at the time when the latter uses the Internet network. They are created when the browser on the user’s computer loads a particular website. The user’s computer system accumulates a multitude of personal data as cookies, whose tasks are to identify the user’s person for an easier interaction with a website, this leading of a state of insecurity, invasion, violation of his own world – ultimately of the private life.
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This paper aims to provide an analysis of the assignment of claim established by a nominative title, promissory note or bearer bond from the perspective of the regulation offered by the current Civil Code, with reference to the special laws that establish the legal status of these titles, including the conditions of their transmission. Thus, the analysis of the general provisions contained in the Civil Code had in view the opinions expressed in the specialised doctrine, both the one prior to the entry into force of the current Civil Code and the latest doctrine, as well as the provisions included in the special laws applicable in the matter.
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Separately from the assumption that the public authority has issued with a delay the answer to the application of the person concerned, in the administrative practice there is a situation which, due to its frequency, is likely to become a real phenomenon of the silence of the administration. It concerns the inaction of the administration that, separately from the classic situation represented by the passivity to answer to the applications of individuals, lies in its omission to act in the exercise of its legal competence or of the competence imposed by the administration itself, in this latter situation discussed a genuine „ex officio” inaction/silence, which in other countries not only is recognized, but it even benefits from a separate regulatory framework. Or, this assumption of the administration’s omission to act in order to carry out its legal competences or those established „ex officio” does not benefit in the Romanian law by a normative framework that would allow it to be challenged in the administrative disputes court, which determined us to also make a de lege ferenda proposal appeared from the undertaken analysis. -
The objective of this short study is to answer a question: is there today a „contraventional law”, as a result of the fragmentation of the administrative law? Assuming the answer is affirmative, we must establish whether the contraventional law itself faces today a process of fragmentation, i.e. if we can talk, for example, about a road contraventional law, a contraventional law of competition, a fiscal contraventional law, etc.
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In case of admission of the extraordinary remedy of the contestation for annulment, based on the provisions of Article 426 b) of the Criminal Procedure Code (the defendant has been convicted, although there was evidence of a cause of cessation of the criminal trial), declared exclusively by the convicted person, the court proceeds to rehearing the ordinary remedy of the appeal, in compliance with the principle of non-aggravation of the legal situation of the convicted person, as well as by taking into account, where relevant, the principle of application of the more favourable criminal law in order to calculate the date on which the special prescription period for criminal liability expired. -
Following the observations submitted to the Court of Justice of the European Union in the Case C-69/14 Târșia1, EUCJ gave, on 6 October 2015, a preliminary ruling, which held that: the Union law, in particular the principles of equivalence and effectiveness, must be interpreted as not precluding, in circumstances such as those in the dispute in the main proceedings, a national court from not having the opportunity to review a final judgment delivered within civil proceedings, in case this judgment proves to be incompatible with an interpretation of the European Union law retained by the Court of Justice of the European Union subsequently to the date on which the mentioned judgment became final, even if there is such a possibility in respect of final judgments incompatible with the European Union law, delivered within some administrative proceedings.
