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Our research aims to better understand how public institutions have implemented the rules that guarantee the effective exercise of the right of the civil servant to refuse to sign administrative acts. Law 140/2017 and the 2019 Administrative Code granted the civil servants the right of refusals to sign. These laws protects public sector employees when they raise flags over illegal activities within a government organization. The paper investigates the background procedure that enables effective exercise of refusals to sign right. We seek to better understand how public entities have implemented the rules that guarantee the effective exercise of the right of the civil servant to refuse to sign administrative acts. Trough data collection and analysis, we assess the performance of public entities legal counteractive measures such as the elaboration of the procedure and the book keeping of refusals to sign in a public register published on paper and digital. Our goal is to improve current situation and to make recommendations that lead to limitation of politics influence and ensure the neutrality of civil servants in the exercise of their duties. [ABSTRACT FROM AUTHOR]

Medical information has not been approached from a practical point of view until now. In the national area, no studies were found regarding the nature, legal regime, content and practical situation of special personal data, which includes medical information. This study aims to develop the practical situation of medical information, included in the category of special personal data. These are currently recorded in medical files kept in script format, which do not benefit from a coherent regulation and which lack guarantees for the patient's rights regarding the processing of these data. The protection of the right to the processing of special personal data is conferred by European regulation and common law, in the absence of a special regulation designed to ensure the right to the protection of this type of data (medical information). Regulation (EU) 679/2016 contains an extensive regulation of special personal data, through which the medical information and its nature were analyzed in this study. The European norm recognizes a fundamental right to the protection of personal data, which affects medical information. Thus, the legal regime of the right to the protection of special personal data (medical information) was analyzed, as well as the legal nature of these data of public utility, with all the consequences arising from this aspect. In this context, the conflict between this fundamental right and the public interest is addressed, with the aim of providing a solution to solve this conflict. The solution can be the exceptional character of the processing of special personal data, without the consent of the owner of this data. The implications brought by this legal character of the medical information were analyzed, as a pioneer, in the present paper. No further, the present study can form a basis for proper regulation and compliant implementation of the medical record. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to provide for a new, fresh look into the 1866 Romanian constitution: drawing on a long tradition of legal and political studies this rereading aims at uncovering the background responsible for its shaping, as well as the main challenges related to its enforcement, for almost half a century. The 1866 constitution thus becomes a pivotal point in the long conversation about law, liberty and individual rights, pointing to the future of the 20th century, with its terrible legacy of authoritarianism and democratic backsliding. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

According to the General Data Protection Regulation (hereinafter GDPR), in each Member State of the European Union, one or more independent supervisory authorities of personal data processing must operate under conditions of full independence. Therefore, by this article we aim to achieve two main objectives. A first objective is to explain the notion of „full independence“ and the second objective is to find and analyze some of the essential elements for guaranteeing full independence. The methodology used has focused on the study of the European and national legislation (the European treaties, the GDPR, the Romanian Constitution, the Administrative Code), on the study of doctrine and on the analysis of the case law of the Court of Justice of the European Union (hereinafter CJEU) on the issue of full independence of the supervisory authorities. This paper concludes that the notion of the independence of the supervisory authorities is a fragile notion that requires the full attention of the Member States. The fundamental human rights and freedoms must survive any political movements or commercial interests. The Member States, by the national law, must ensure adequate safeguards to ensure full independence of the supervisory authorities and must establish effective rules on the sanctioning of those who infringe on their independent status. As the notion of independence is a fragile notion, in the future, the Member States' actions to safeguard the independence of the supervisory authorities must increase in direct proportion to the degree of risk of the new technologies to privacy and to the other fundamental rights and freedoms. Regarding the structure of the paper, in the Introduction, we discussed the necessity of existence of some national data protection authorities. In Section II, we briefly presented certain general considerations about supervisory authorities. In Section III, we set out certain general considerations about the legal regime of the autonomous administrative authorities in Romania. In Section IV.A we analyzed and defined the notion of „full independence“, and in Section IV.B we extracted from the legislation, doctrine and case law a part of the essential elements for guaranteeing a full independence and we briefly explained these elements. [ABSTRACT FROM AUTHOR]

This paper highlights and explains the contribution of the Romanian Constitution of 1923 to the building of the Romanian ethnocentric (national) constitutional identity and its decisive impact upon the constitutional and political developments along the Romanian 20th century. Grounded in the Romanian constitutional nationalism and xenophobia, this Constitution failed to accommodate the new international liberal standards regarding the protection of national minorities imposed by the system of the League of Nations after the WWI. The Romanian fathers of the Constitution not only refused to enshrine in the constitutional text the positive individual and collective rights recognized to the Romanian ethnic minorities by the Treaty of 19 December 1919, but built the 1923 Constitution as a constitutional cathedral of the Romanian ethnic majority where the ethnic minorities were tolerated as shadow citizens. On a short term, this illiberal ethos made quite easier the passage from the Romanian ethnocentric nationalism to the Romanian racial nationalism of the period 1938-1944. On a long term, the Constitution of 1923 represented a pattern of constitutional identity building strongly cherished by the fathers of the post-communist Constitution (1991). This is why the interwar Romanian illiberalism was widely preserved. On a general survey, neither the Constitution of 1923, nor the Constitution of 1991 succeeded to manage in a coherent liberal spirit the linkage between the national/ethnocultural identity and the constitutional identity in the multi-ethnic Romania. [ABSTRACT FROM AUTHOR]

Freedom of expression, a fundamental pillar of democratic society, is today a fundamental right, protected at the Constitutional level, but which, over time, has been the subject of fierce struggles to enjoy legal protection and recognition. In this paper, we will analyze how this right has evolved, especially in the Romanian Constitutions after 1923, but also how it has experienced an alteration, being subjected to significant tests in recent years due to the emerging phenomenon of cancel culture. We will deepen the understanding of this phenomenon, evaluating its evolution, characteristics and impact on public discourse, respectively on freedom of expression. We will also explore the notable similarities between cancel culture and the policies of creating the „new man" from the communist era in Romania. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper presents an analysis of the legality of the decisions made by the administrations of the places of detainment to forbid to the persons deprived of their freedom to receive and acquire different categories of foods, decisions based on safety reasons regarding the detainment, as per Article 148 (6) in the Regulation of Enforcement of Law No 254/2013, as well as the extent to which these decisions violate or not the right to receive and buy goods according to Article 70 from the Law No 254/2013. The paper summarizes the currents of opinion formed both in the practice of the judges of surveillance of deprivation of liberty, as well in the courts by displaying certain judicial situations regarding the nature of some foods which are not particularly regulated in Annex 1, Title IV of the Regulation, situations which not even at present have received unitary unification in relation to the character of the actions taken by the prison as a restraint or a reduction of the right to receive and buy goods. The conclusions of this endeavour offer a possible solution to this problem of great actuality in practice starting from the assumption that reducing the exercise of the right to receive and buy goods is legal in the extent to which the principles of legality, equity, the realization of goals and proportionality are abided. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The promotion and protection of the rights of the child has always been one of the main objectives of the European Union, but it is also a result of international commitments. All Member States of the European Union have ratified the UN Convention on the Rights of the Child, and the rules and principles of this Convention guide the policies and the actions of the Union that impact on the rights of the child. The Lisbon Treaty has conferred greater importance to the objectives of the European Union, and by Article 3 (3) of the UN Convention on the Rights of the Child it was explicitly established the imperative obligation to promote the protection of the rights of the child. In addition, the rights of the children are enshrined in the Charter of Fundamental Rights of the European Union, which by Article 24 recognizes children as independent and autonomous holders of rights, also considering the best interest of the child as paramount in relations with the public authorities and the private institutions. The transposition of the European and international objectives, as well as of the fundamental principles referring to the protection of the rights of the child took place naturally through the adoption of new national regulations reflecting the acquiescence of Romania to the European objectives and its constant concern for the protection of the rights of the child. However, in many cases there are encountered in practice situations where, although there are both the legal basis and the mechanisms necessary for its implementation, the rights of the children are not respected and/or are not given due importance. This paper aims to draw attention once again to the essential rights of children and to emphasize the fundamental principles referring to the promotion and protection of rights of the children, with particular regard to the principle of the best interest of the child, as regulated at European level. The full understanding of this fundamental principle and its correct application have major implications in making any decisions and taking any measures regarding minors. The results of the analysis carried out can subsequently be used to thoroughly analyse this topic so vast and important, as well as to conduct comparative studies or researches on how the principle of the best interest of the child finds its effective application in concrete situations. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Human dignity does not enjoy an express statement in the system of the European Convention on Human Rights (ECHR), but jurisprudentially it is considered as a directorial principle. The compliance of the right to dignity is considered as the base of all the other individual rights. In the same time, this principle is being invoked also for the limitation of the individual's freedom in relation with the values generally recognized by the society. The right to dignity belongs to each human being from the birth, and for children it presents a series of particularities, given the specificity of this type of owner. The compliance with the child's right to dignity generates certain obligations which the parents, legal representatives or the state through its institutions are compelled to respect for it to achieve its purpose. Starting from these considerations, the current paper aims to emphasize the means in which the European Court of Human Rights recognizes and guarantees through its jurisprudence the child's dignity. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Based on historical considerations this paper analyses the need for a codification in the area of contraventions and argues in its favour. Taking stock of current issues revealed by relevant legislation and case-law, concrete suggestions are made with regard to the structure and provisions of such a statutory instrument. The author appreciates that a vigorous doctrinal debate would be needed in order to identify the best legal options. [ABSTRACT FROM AUTHOR]

This paper presents the meaning of the term „assets“ in Article 535 of the Civil Code and, at the same time, highlights its incorrect use in some of the other texts of the Civil Code and other statutory instruments, in disagreement with the new terminological option. Likewise, it raises a discussion on the lack, within the Civil Code, of a minimum of general rules dedicated to „common assets“, irrespective of their nature, quality of holders and source of community. Finally, following the presentation of negative consequences of the reported shortcomings, some legal remedies are proposed. [ABSTRACT FROM AUTHOR]

This paper presents propter rem obligations in terms of their distinctive characteristics that prevent their inclusion in the classical categories of property rights and obligations. The incidental nature of these obligations is emphasized in relation to the real right on which the prevalence if the intuitu rei nature is grafted in relation to that of intuitu personae and, as a consequence of these, the propter rem obligation perpetuity. The purpose of the propter rem obligation, is to facilitate the operation of real estate that is subject to real right on which is grafted, helps us decipher the accesoriality relation concerning the real right, the transmission mechanism of these obligations, and the abandon as a sanction occurring in case of failure to comply with these obligations. Recourse to abandon is not only the sanction for the non-performance of these obligations, but also the individual having the propter rem obligation, who releases himself from the performance of the obligation in this way. The last part of the paper helps to explain how certain propter rem obligations set forth in the Civil Code or in certain special laws are created and transmitted, which raises questions on the propter rem nature of some of these. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In our research we aimed to highlight the main ways of the decision-making process at the level of the European Union, this being understood as the entire legislation adopted by the European institutions that defi ne and infl uence the coexistence and well-being of over 500 million individuals. Th e European Union's infl uence is best felt through regulation, by producing legislation aimed to protect the rights and interests of individuals. Eff ectively, up to 80 per cent of the regulations that aff ect us economically and socially are the products of an extremely thorough and complicated Community decision-making process. In this context, our theoretical approach advocates for a better understanding for the Romanian/European citizens of the technical knowledge of the European decision-making process, of the fundamental concepts and norms with which the Union operates. [ABSTRACT FROM AUTHOR]

Security is a complex, multi-dimensional approach context. In broad terms, it represents the ability to protect its citizens. The sole holder of the legitimate right to use intra-state and inter-state force is obliged through the consequence and expression of its sovereignty to protect and guarantee its citizens’ rights and freedoms and ensure the conditions for the exercise of their rights and freedoms. After the dissolution of the communist political and military bloc, security develops as a global concept that tends to include traditional political and military dimensions, new dimensions, such as economic, energy or security, individual rights, and freedoms. This study addresses Romania’s security policy, its evolution after 1990 and until now. The paper aims to highlight Romania’s position as a territory and its role in the regional context regarding security. Its statute as a NATO and E.U. member, and strategic partner of the United States, determined a permanent update of its security policy and proposed objectives, correlated with those of the entities to which it belongs. From the point of view of security policy, Romania has an important geostrategic role and can stand out as a regional leader due to the threats it could be subjected to. The study will highlight that its security policy provides many benefits for the country’s citizens and its institutions. [ABSTRACT FROM AUTHOR]

In today’s era of advanced digital technology, the concept of constitutionalism is undergoing a significant transformation, leading to the emergence of what is called „digital constitutionalism”. This new field of study explores the interaction between technology and constitutional principles, assessing how digital tools and the online environment affect governance, individual rights and political structures. In this article, we explore in detail the concept of digital constitutionalism, its influences on society and the challenges it poses. Traditionally, constitutionalism is the fundamental idea that power should be limited and regulated by a constitution, which encompasses the rights and responsibilities of citizens. In the digital context, these principles extend into the online sphere, where people’s interactions and government institutions are mediated through technology. Digitalisation brings with it a number of challenges and opportunities for constitutionalism. Access to information and participation in the political process have been significantly expanded through digital platforms. This gives citizens the opportunity to voice their opinion, mobilise and influence decisions in an unprecedented way. At the same time, there is a risk that personal data could be used for unauthorised purposes or that governments could use technology to excessively survey citizens. A major challenge in digital constitutionalism is the regulation of digital platforms, where social and political interactions take place to a large extent. While these platforms provide opportunities for free expression and mobilisation, they are also able to censor content and influence public discourse. This raises questions about the balance between private control and public regulation. To preserve the integrity of digital constitutionalism, transparency and accountability in the development and deployment of technologies is essential. Decisions on algorithms, artificial intelligence and content filtering must be considered in the context of democratic values and fundamental rights. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The new regulation pertaining to business administration in the new Romanian Civil Code, much more detailed than the previous one, springs from the Civil Code of Québec. In Québec, the relevant legal framework provides for an original configuration of this source of obligations, imposing on it the condition of opportunity of the administration actions initiated by the administrator. Subject to this regulation are also the effects of inopportune administration, which aims at restoring the advantage brought to the person administered, without stating the legal grounds of such obligation, aspect which triggers questions to which this paper intends to answer, visiting, among others, other codification proposals on the law of obligations and relevant doctrine in this matter. At the same time, a theoretical definition is laid down for business administration, more nuanced than those elaborated after the new Romanian Civil Code has taken effect, definition which tends to be closer to the meaning of the new normative provisions. [ABSTRACT FROM AUTHOR]

Company contract has been a complex issue under the Civil Code of 1864 and the Commercial Code of 1887, and continues to be so under the Romanian Civil Code of 2009. Since rules pertaining to company contract under previous statutes became obsolete and ill-adapted to practical needs and realities, an update was severely necessary in order to tune it with the alert pace of modern legal relations and EU norms. This paper presents the legal definition of company contract under the new Romanian Civil Code, with its advantages and disadvantages, which distinguish it from other types of contracts. Given the monistic approach of the new Civil Code, presently the contract of company is the common law of company law, Articles 1881-1948 of the Civil Code being subsidiarily applied to all companies enumerated by Article 1888 of the Civil Code. In this context, this study analyses the special requirements of Law No 31/1990, considered as a special rule in relation to the general provisions of the Civil Code. [ABSTRACT FROM AUTHOR]

The New Civil Code has paid special attention to the institution of the natural person. The protection of the natural person has been reconstructed, starting from the old regulations: the Civil Code of 1864, which regulated the parental power (Section 9), the minority, the trusteeship, the emancipation (Section 10), the coming of age, the interdiction and the judicial adviser (Section 11) and the Family Code. Certain novelty items have been added to these, amongst which the most important are the taking into consideration of the protected person's will (the minor child and the child of legal age) and the administration of the other person's assets. This paper proposes to carry out an overview of the means of the protection of the natural person. First of all, in our endeavor, we will start from justifying the need for the modification of their physiognomy (I), and afterwards we will make a brief exposure of the means of protection, focusing on the innovations of the law in this matter (II), and finally we will establish the conclusions regarding the regulation of the means of protection in the new Civil Code (III). [ABSTRACT FROM AUTHOR]

Copyright of Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The system of protection of human rights and fundamental freedoms introduced by the European Convention on Human Rights still raises questions about the interpretation and application of its provisions. In this study, we will focus on the problems concerning: EU accession to the European Convention on Human Rights, the relationship between the CJEU and the ECHR, and we will detail the decision of the ECJ Opinion 2/13 on the draft agreement for EU accession to the European Convention on Human Rights. By the present study we intend to analyze the implications of the future EU accession to the European Convention on Human Rights, given the long history of the protection of fundamental rights. We will start with the way in which the protection of fundamental rights is seen at international level, and then we will analyze how the EU intends to achieve the protection of fundamental human rights. We will bring into discussion the main normative acts in the field, the way in which the collaboration between the CJEU and the ECHR is carried out, pointing out the issue of the primacy of European law over the national one. The study aims to analyze the general concepts recognized in the international law regarding the creation of a better structured legal framework regarding the protection of fundamental human rights and the issue of the primacy of EU law regarding the future accession to the Convention, in particular in relation to the Negative Opinion 2/13 of the CJEU. We will analyze the most important decisions of the ECHR and the CJEU in order to corroborate the theoretical elements with the practical ones. As concerns the research methods, mainly the comparative and the quantitative method have been used, with elements that make reference to the method of sociological and historical interpretation. From the point of view of the research results, it was concluded that, from a doctrinal point of view, there are two sides: the supporters of EU accession to the European Convention on Human Rights, in the context of receiving EU legal personality, but also of inserting Article 6 TEU which provides the obligativity that EU becomes a party to the Convention, and those who oppose, in particular the CJEU, as well as the practitioners and the doctrinaires of the European law who invoke the primacy of European law over national law, but also the issue of organizing the European legal system, by specifying that the CJEU would fall under the jurisdiction of the ECHR, and the ECHR, in its turn, would intervene in the process of „constitutional" development of the EU. [ABSTRACT FROM AUTHOR]

Fundamental rights in the European Union, including Romania, are a sensitive point in the action of the European organization, its leaders and the representatives of the Member States during a period of crisis, which has not yet ended. The European Union guarantees the highest level of respect for human rights by establishing the Charter of Fundamental Rights, a document with legal force of Treaties, yet limited in its scope. The study aims to substantiate the possibilities for interpretation and application of specific human rights rules in the European Union, by referring to the case law of the Court of Justice of the European Union which adds to the document and other sources, such as general principles of Union law or the case law of the European Court of Human Rights. This multitude of institutions, agencies and offices as well as sources related to the protection of fundamental rights raises the issue of their observance in a borderline situation, such as the Covid-19 pandemic. Although the crisis has not ended at this time, the most important moments seem to have taken place: the imposition of traffic restrictions -- on people and goods --, the purchase of medical equipment or the financing of vaccine discovery research and their purchase. The study examines the legal implications of the health crisis by sampling them, starting from the observance of its own rules by the Union institutions, in particular regarding the decision-making transparency of the European Commission, regulation by documents without binding legal force (soft law), especially by recommendations issued by the Commission European or measures taken to restore the free movement of persons. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The hierarchy of legal values and fundamental rights can be achieved with the help of applicable law, interpretation of principles of law and using relevant case law at national level (especially in this case, from Romania), as well as at European level, through the judgments given by the Court of Justice of the European Union and the European Court of Human Rights. The General Data Protection Regulation (GDPR) respects all fundamental rights and freedoms and principles recognized in the Charter as enshrined in the Treaties, in particular respect for private and family life, residence and communications, protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom to conduct business, the right to an effective remedy and a fair trial, as well as cultural, religious and linguistic diversity. A long list of rights appreciated even by the European legislator in the preamble to the Regulation that could interfere with the right to data protection. The critical analysis is based on the recent jurisprudence of the Court of Justice of the European Union and of the European Court of Human Rights, as well as of the Romanian courts, each of them being involved in the decision-making process regarding the prevalence of fundamental values regarding freedom of expression and protection of data. [ABSTRACT FROM AUTHOR]

The data protection is a fundamental right protected since the 80s by international treaties, the first international convention that came into force was drafted by the Council of Europe. The data protection is undergoing a process of rethinking not only in the European Union but also within the Council of Europe. Here the reforms are characterized by the protection of the member state citizens according to the development of technology. The article aims to draw a synthetic parallel between the protection achieved by the two international organizations and to highlight the main features of Convention 108+. [ABSTRACT FROM AUTHOR]

Departing from the constitutional basis underlying the relations between the Constitutional Court of Romania and the European Court of Human Rights, this study examines the judicial dialogue between the two courts and the effects thereof. The conclusion of this study, based on numerous examples from case-law, is that the dialogue between the constitutional judge and the European Judge serves to develop common standards for the protection of fundamental rights, as well as to enriching those existing at national level, with effects in terms of law-making and law-enforcement. [ABSTRACT FROM AUTHOR]

Romania's High Court of Cassation and Justice decided that an individual which did not give her consent to further processing of her personal data within a credit contract by a credit bureau is not entitled to ask for the erasure of her data, quashing a previous decision in favor of the appellant. In doing so, it misinterpreted the rules for lawful processing enshrined in the Romanian law for the protection of personal data (Law no. 677/2001), it did not differentiate between the different types of personal data processed (the data necessary for the completion of the contract and the data processed during the execution of the contract), and it did not discuss whether the credit bureau was a third party or a processor in relation with the bank providing the credit services, or whether it was itself a controller. This commentary analyzes the path taken by the High Court, underlying the shortcomings in its "rationae decidendi" and unveiling a different path which could have been taken in accordance with the fundamental right to the protection of personal data. [ABSTRACT FROM AUTHOR]