Category Archives: The Romanian Digest

Systematic processing of sensitive personal data and the need to ensure an enhanced protection of such data in criminal cases: an annotation of the CJEU decision in the case C-205/21

Introduction The General Data Protection Regulation No. 2016/679 (the ‘GDPR’) is the European Union’s newest and toughest data privacy and security law. Since it came into effect, in 2018, any organization in the world which targets or collects personal data of people in the EU must comply with the strict obligations provided thereby. Besides the…

Prejudiciul și sancțiunea penală. Ipoteza plății pentru o soartă mai bună

Prin Legea nr. 202/2010 privind unele măsuri pentru accelerarea soluţionării proceselor, s-a introdus în vechiul Cod penal art. 741 : ”în cazul săvârşirii infracţiunilor de gestiune frauduloasă, înşelăciune, delapidare, abuz în serviciu contra intereselor persoanelor, abuz în serviciu contra intereselor publice, abuz în serviciu în formă calificată şi neglijenţă în serviciu, prevăzute în prezentul cod,…

Regulating E-Commerce Today

European Digital Transformation Especially during the pandemics, we all faced the importance and impact of digitalization. While the internet and digital technologies are transforming our world, one of the European Union’s priorities is to make the internal market fit for the digital age, by eliminating unnecessary barriers, consolidating a proper regulatory meant to fight Big-Tech…

Amendments to Labor Legislation in Post-Pandemics Times

Introduction Labor relations have undoubtedly been influenced by the pandemics. Employers were forced to adjust rapidly to the new reality, and to show flexibility in identifying new means of collaboration with their employees, in order to be able to maintain stable relations, but also the business itself. Social distancing requirements triggered substantial increase in remote…

Support for companies in difficult times

Introduction The small and middle-sized companies (“SMEs”) are usually involved in a chain business relationship. Their flourishing from the past years has been a sign that the economy went on a healthy direction. Nowadays, given the economic effects of the COVID-19 crisis, the financial distress of the SMEs may cause negative chain reaction. It is…

Intelligence services and justice. Brief look at recent developments and effects

From different perspectives and interests, the matter of the former “strictly confidential” classified protocols concluded between the Prosecution Body attached to the High Court of Cassation and Justice and the Romanian Intelligence Service, dated 2009 and 2016, regarding the cooperation between the two institutions in view of fulfilling the tasks in the national security domain,…

The insolvency procedures are shattered by the fiscal authorities

1. Introduction. The grounds of the new Emergency Government Ordinance No. 88/2018 The Finance Ministry found new reasons for changing the legislation to the name of collection goal, but the Government enacted debatable means, as regards their capacity to reach the goal itself, as well as regards to the question if the chosen devices are…

Tax evasion cases require multidisciplinary legal and tax approach

Introduction In the last 8 years Romania established counteracting measures for tax evasion. The criminal cases are a hot topic for the criminal justice system. The prosecution and fiscal bodies are working together and the companies are facing oversight for periods going back 10 years.  The previous cases are re-opened and the results are sent…

The Conformity With The Union`s Legal Framework of a Nation Law Concerning the Setting of Fixed the Prices for the Sale by Pharmacies of Prescription-Only Medicinal Products for Human Use

Annotations on the Decision of the Court of Justice of the European Union in Case C-148/15  The General Context On December 19, 2016, the Court of Justice of the European Union (hereafter the “CJEU” or the “Court”) has finally rendered its decision in case C-148/15 (ECLI:EU:C:2016:776). This case has actually to do with the implementation…