Studia Universitatis Babeș-Bolyai Iurisprudentia

Transparency of business-to-consumer terms on attorney fees, in contracts concerning legal counselling services

Juanita Goicovici — Tue, 31 Dec 2024 09:05:42 +0200

The study examines the issue of establishing the unfair nature of clauses in legal assistance contracts between a lawyer and a consumer, prefiguring the payment of lawyer fees based on an hourly rate, as this criterion was highlighted in the jurisprudence of the CJEU, especially in the judgments pronounced in case C-395/21 and in case C-335/21. The emphasis is placed on the requirement of transparency of the costs of legal advice services in relations with consumers, in the light of the recital according to which, although the adhesion clauses are unchallengeable according to article 4, 2^nd para. of Directive 93/13 if these terms concern elements of the price of services or products supplied to the consumer, those contractual provisions remain included in the analysis of unfairness in situations where they have been stated by the proferens in excessively technical language or when resorting to evasive and non-transparent provisions.

The simple suretyship and the solidary suretyship – an overview

Adrian Tamba — Tue, 31 Dec 2024 09:06:40 +0200

Our paper highlights two types of suretyship: the simple one, and the solidary one. The current work is divided in no less than four parts. The first part consists of some introductory words. The second portion focuses on the simple suretyship; this is where the benefits of discussion and division are taken into account. The third part deals with the solidary suretyship. Our research ends with some very brief conclusions.

English Challenges for Romanian prosecutors in exercising their duties of defense during pre-trial stage

Alina Mirabela Gentimir — Tue, 31 Dec 2024 09:07:46 +0200

Current paper aims to emphasise that, over the time, it has been proven that the accuracy of an analysis of criminal procedural law is accomplished only whether it is certified by the conviction that norms and decisions of national and European courts enshrine and guarantee human rights. Thus, the legislation in criminal procedural matters can be rationalized compulsorily starting from European premises – “the unit of European conventionality” – and going further to constitutional, organic and ordinary normative requirements.

In the same time, from a methodological point of view, for reaching the human rights goals in criminal procedures, it is crucial to be adopted an approach which includes the requirement for the provisions of the Criminal Procedure Code to be interpreted in the light of the general principles of the criminal trial – many of these principles being principles of human rights, in fact. Equally, indispensable appears the feature of the principle of subsidiarity of European protection of human rights which underlines the role of the main guarantees of the European Convention on Human Rights for national judicial authorities.

Whether a hierarchy of the rights relevant for criminal procedures is established, the right to defense should be one of the most important rights to discuss. This traditional approach underlines the horizontal effects of the right to defense, like the need to have regulated the defense of the suspect or the accused by Code of Criminal Procedure. Alike, the vertical effects of the right to defense complete the challenges for national judicial authorities. In this context, it has to be accentuated the role of the prosecutor within the criminal investigation and prosecution phase, respectively the prosecutor must defend the legal order and fundamental rights.

Beyond legal techniques, an exquisite study of the right of the defense must contain interdisciplinary references which value the current requirements for emancipation in criminal procedural matters focused on the legal education of civil society and the change of mentality of judicial authorities.

UN Office on Drugs and Crime (UNODC) recommendations regarding custodial measures and the risk of recidivism

Gabriela-Ligia Groza — Tue, 31 Dec 2024 00:00:00 +0200

Since 2007, the United Nations Office on Drugs and Crime has been making recommendations to avoid punitive measures and custodial sentences. Starting in 2023, an intergovernmental group of experts developed the document E/CN.15/2023/13 which presents outlines the strategies of member states for combating criminal recidivism. One of the key principles is to avoid arrest and detention. Experts argue that time spent in a detention facility can increase criminal risk and does not aid reintegration. These conclusions may seem are counter intuitive and we expect they will not be readily received by the public who feel safer when criminals are isolated.

The (alleged) failure of private expert evidence in Hungarian civil litigation

Bettina Szepesi — Tue, 31 Dec 2024 00:00:00 +0200

The study examines why the Hungarian legislator decided to recognize the private expert commissioned by the testifying party as an expert on an equal footing with the court-appointed expert in the new Civil Procedure Code [Act CXXX of 2016 on the Civil Procedure Code (Ptk.)], entered into force on the 1^st of January 2018, and why the legislative efforts to make this method of expert evidence more widely available failed. It examines why the legislative intention was not fully implemented in practice. This legal instrument is not completely unknown: it was also used in previous procedural codes, although there are differing opinions about its nature, application and evaluation. The Ptk. sought to definitively resolve this uncertainty - not entirely successfully. The aim of this research is to examine the institutional system and regulatory nature of private experts.

During the codification of expert evidence, the legislator placed great emphasis on the regulation of private expert evidence. Already during the codification, numerous questions arose regarding the legal institution, but after the 2016 Civil Code, the expected ideas were not reflected in legal practice. The study examines the institution of private experts based on the practical experiences of domestic law.

Overview of the Digital Healthcare in Hungary

Veronika Almási — Tue, 31 Dec 2024 00:00:00 +0200

eHealthcare has become part of the healthcare system as a result of a long process and the development of communication of information. Hungary's eHealth system is the National eHealth Infrastructure (Elektronikus Egészségügyi Szolgáltatási Tér, EESzT), which greatly facilitates the work of health professionals and the daily lives of users. In this paper I would like to describe the structure and functioning of the Hungarian scheme. It is a nicely designed interface, with a careful technical and legal background, which is completely user-friendly, as its handling is very clear. It can be used online for writing prescriptions, booking appointments, writing referrals and many other useful tasks, which I will describe in detail in the paper. However, there is still room for improvement and progress. I believe that healthcare is a field that requires continuous development. It is necessary to keep pace with the development of technologies in order to provide high-quality services to patients.