Studia Universitatis Babeș-Bolyai Iurisprudentia

International trade transactions modelling depending on the EU competition rules

2024-01-25T10:22:19+02:00

The EU Competition Rules may influence the formation, the content and the termination of international trade contracts. This influence may manifest even if the negotiations between the parties do not conclude with a mutually acceptable result.

In certain situations, the intervention of the EU competition rules may determine the conclusion or not of some contracts by the economic operators.

Moreover, the EU competition rules may influence the manner in which are elaborated numerous general and specific provisions of the international trade contracts.

Aspects regarding the termination of contracts may be submitted, all the same, to the EU competition rules.

The shown rules may intervene as provisions belonging to the law governing the contract; as provisions which cannot be derogated from by agreement; in the meaning of art. 3, paragraph (4) of the Regulation no. 593/2008 of the law applicable to contractual obligations; of EU public policy norms or of overriding mandatory provisions.

The observance of the EU competition rules is ensured, as the case may be, by the Commission, by the EU member states competition authorities, by the EU and member states courts.

Summary of changes by Romanian Laws no. 200/2023 and no. 248/2023

2024-01-25T10:23:16+02:00

The criminal code underwent multiple changes in the summer of 2023. In this article, only the changes made in crimes against authority, the administration of justice, or offenses in public position, or crimes against the safety of traffic on public roads and against public order and peace will be analyzed These changes primarily concern: increased criminal liability for assault of a public official and assault on representatives of the judicial authorities; the reconfiguration of actus reus of the crimes of abuse in office and professional negligence following the decisions of the Constitutional Court; reform of offenses against traffic safety on public roads; increased criminal liability for the crime of disturbing public order and peace.

Benchmarks regarding the legal status of 'platform workers'. The Proposal for a Directive on improved working conditions for platform workers vs. the 'ABC test'

2024-01-25T10:24:54+02:00

The 'gig-economy' or 'on demand work' is an embodiment of the digitised labour market, created and developed with the help of digital work platforms that can take the form of mobile applications. In theory, the relationship between platforms and workers is not a labour relationship, i.e. it is not continuous. In practice, however, the control exercised over the service provided can be interpreted as a manifestation of authority by the employer. In an attempt to align factual reality and appropriate qualification, this paper presents two similar approaches, namely the Proposal for a Directive on the improvement of working conditions for work on platforms and the 'ABC test' applicable in California. In our analysis we present the legal presumptions on which these interpretations are based and show the possible implications.

Legal penalty interests in case of tort liability. Decision no. 1798/2023 of The Romanian High Court of Cassation and Justice

2024-01-25T10:25:52+02:00

The present study analyzes Decision no. 1798/2023 of the High Court of Cassation and Justice, having as its main object the plaintiff’s claim to obtain legal penalty interests applied to compensation established in a different tortious civil liability process. The problem that arose was to determine the start date of the penalties: is it the date the court is invested with the tortious liability action or the date of the final decision? The discussion is relevant, given that due to practical inertia sometimes the courts oblige the tortfeasor to pay penal legal interest from the date the court is invested until the payment is concluded. Is the latter a correct solution? We will try to answer this question by analyzing the state of the facts, the court’s solution and presenting our own view regarding the problem.