Studia Universitatis Babeș-Bolyai Iurisprudentia

The processing of indirect sensitive personal data from the declarations of conflictual private interests

2023-05-31T23:45:35+03:00

The paper examines the problematics of processing personal data from the category of indirect sensitive data included in the declarations of private interests, while analyzing the manner under which this issue was addressed in the decision of the C.J.E.U. from August 1^st, 2022, in case C-184/20; the commented decision is significantly relevant for the interpretation of the provisions of Article 9, para. (1) of General Regulation 2016/679 concerning the publication, on the website of the public authority responsible for collecting and checking the content of declarations of private interests, of personal data which may indirectly disclose the sexual orientation of a natural person and which therefore constitutes processing of special categories of personal data. The case concerned national legislation from a member-state, that provides for the publication online of the declaration of private interests that any head of an establishment receiving public funds is required to lodge name-specific data relating to his or her spouse, cohabitee, or partner, or to persons who are close relatives of the declarant, liable to give rise to a conflict of interests.

The Standard of Proof in Preliminary Chamber

2023-05-31T23:45:50+03:00

In the study we addressed the issue of the standard of proof in the preliminary chamber. More specifically, we determined that although the path to a trial within a trial was opened, the legislature failed to prescribe a standard of proof. We agreed that a standard of proof was required and being inspired by the common law tradition, this should have been "clear and convincing evidence". In addition to the issue of the standard of proof in the preliminary chamber, we also dealt with the burden of proof, and we concluded it belongs to the State as long as they want to introduce to the trial the proof obtained during the criminal investigation phase. The State has the obligation to prove the proof was obtained in compliance with the principle of legality and loyalty.

Former transnational future truths

2023-05-31T23:46:03+03:00

This paper focuses on the interaction between international legal reality and domestic legal realities. Public and private law actors altogether interact and dilute the „borders” drawn, in the westphalian logic, between the system of international law and the domestic legal systems. Consequently, transnational situations occur inside and outside the territories of the nations-States, on the one side, and give birth to transnationals truths, on the other side. Practically speaking, two such transnational situations, generating transnational truths, serve as tools for the theoretical scrutiny of the so-called concept of “entangled legalities” spread by the authors all over the world, which can support both scholars and practitioners to deal with the new legal realities.

Short Considerations Regarding the Flexible Interpretation of the European Convention on Human Rights

2023-05-31T23:45:45+03:00

In this article, I have analysed the flexible interpretation of the European Convention by the European Court of Human Rights and the historical causes of this method of interpretation. At the same time, I have identified the main weights and counterweights with which the Court operates in the context of the interpretation of the Convention, showing that the process in question resembles a balancing exercise, in which various interpretation techniques are used. I have analyzed the effective interpretation of the Convention, its evolutive interpretation in the context of the margin of appreciation of states and the emerging consensus doctrine, as well as the theory of positive obligations. In conclusion, I have pointed out that the interpretation of the Convention appears to be 'unbalanced' in the direction of the effective protection of fundamental rights, which is preferable to a 'balanced' interpretation, which would leave us vulnerable to state abuses.

The unconstitutionality of the provisions of art. 275 para. (1) letter b) sentence i of Romanian Law no. 31/1990 on Companies

2023-05-31T23:45:54+03:00

This material brings into discussion the unconstitutionality of the provisions of Article 275 para. (1) letter b) sentence I of the Law no. 31/1990 on companies, republished. Since we are in the presence of a framework rule, which sanctions the failure to convene a general meeting of shareholders in the cases provided for by the law, we first identified those situations in which such a meeting is necessary, and then we "selected" those provisions which may complement the provisions of Article 275 para. (1) letter b, sentence I of the Law. The predictability of the legal norm and the extent to which the principle of subsidiarity is respected were then called into question, concluding that the provisions analysed are unconstitutional.

Aspects concerning the equal treatment in the European Union of a union citizen's family members who are not nationals of a member state

2023-05-31T23:45:59+03:00

A Union citizen`s family members who are not nationals of a Member State can make use of regulations of the primary law or secondary law of the European Union in order for the principles of equality, of equal treatment regulation and of non-discrimination regulation to be applied. This implies specifying the meaning of the concept of family members in accordance to the main legal regulations of the Union which can be taken into consideration in different situations in the context of free movement of people in the European Union.

The competition policy of the EU in a pandemic context and business adaptation strategies

2023-05-31T23:46:07+03:00

The economic crisis triggered by the COVID-19 pandemic and the armed conflict initiated by Russia in Europe has generated unprecedented challenges for businesses active on the European Internal Market and, as well, for political decision-makers at national and EU level.

The EU competition policy, like the economic policies of the Member States, had to adapt to the needs of the collaboration of companies intended to prevent major disruptions in productions chain, as well as in order to ensure fair access of consumers to essential products and services during this period.

Ensuring the flexible application of EU competition policy rules and regulations as well as finding new strategies for companies to adapt to the economic crisis, such as investments in social responsibility activities, research and development activities for the creation of innovative and efficient products, respectively in marketing can be the key for the management of the difficult economic situation and at the same time, can represent an opportunity for them to grow in the context of the economic recession.

The article at hand reproduces the major changes brought to EU competition policy in the context of the economic crisis and the importance that involvement in social responsibility activities can present from the perspective of crisis management by companies active at the European level.

The status and liability of executive officers in the Hungarian judicial practice - with particular reference to the new legislation

2023-05-31T23:46:15+03:00

Under the former Hungarian Labour Code, the employer's manager and his deputy were liable for damages caused by the violation of the rules prescribed in the context of his managerial activity according to the rules of civil law. Under the previously applicable Act on Companies either the labour law rules or the rules of the Civil Code applied to the executive officer.

According to the new Civil Code, the executive officer is liable to the legal person for damages caused to the legal person during his management activities according to the rules of liability for damages caused by breach of contract.

The management of the company may be carried out by the executive officer on the basis of an agency contract or an employment contract, according to the agreement concluded with the company.

The new legislation raises the question of whether the executive officer is liable for damage caused to the company under the rules of employment law or under the civil law rules on breach of contract.