The subject of cyber security of 5G networks is currently on the discussions table in all European countries. Preliminary steps for the implementation of 5G network security measures should have been completed by 30 April, according to the timetable initially proposed by the European Commission[1]. Subsequently, a joint report was to be released by each state on the implementation of […]
Category Archives: Legal brief
Compatibility of 5G cyber security measures with free trade
I. Context At the beginning of year 2020, the NIS[1] Cooperation Group has published a set of cyber security measures as means to implement the 5G system (titled 5G Network EU Toolbox Risk Mitigating Measures) pursuant to article 14 and 15 of Commission Recommendation (EU) 2019/534 of 26.03.2019- Cyber security of 5G networks. As such, a set of technical and strategic […]
Romanian High Court of Cassation and Justice’s mandatory ruling: no priority for recovering local taxes for assets sold in bankruptcy
The Romanian High Court of Cassation and Justice has ruled on April 4th, 2019 the Decision no. 12 (Decision in the interest of the law) that put an end to the controversy over the legal regime of the expenses representing local taxes owed by the debtor for the immovable assets sold within the insolvency procedure. This controversy has revolved around […]
Good Faith and Fair Dealing in Negotiation: a Glance into Romanian Civil Code
Past and Present Classic contracts used to have a simple formation procedure and were completed by an offer and acceptance merely. If negotiation was required, it was done in a short time period subsequent to the formation of the contract. But in modern times, contract formation procedure is complicated and requires negotiations. In the past, due to the absence in […]
Stamp Duties Obstacles: The Challenges of Access to Justice in Public Procurement Litigation in România
Some notable changes in the field of public procurement law that were made last year have been intensely debated in practice. The purpose of this article is to briefly explain the source of changes and the consequences occurred in practice. Review of the Changes: Scope and Effect According to the explanatory memorandum to the Emergency Government Ordinance no. 45 of […]
Civil Trial in Romania: Seven Changes You Really Have to Know About
Whilst we have all heard about the recent amendments to the procedure governing the civil trial in Romania, it is important to emphasise those changes that might impact the very next court hearings in pending litigation cases. Many legal procedures associated with modern civil trials have developed over the past years. Law no. 310/2018, amending and supplementing the Romanian Civil […]
Law on national implementation of Regulation (EU) 2015/751 on interchange fees for card-based payment transactions
In the Official Gazette of Romania, Part I no. 191 of March 11, 2019 was published the Law no. 44/2019 on implementing measures for Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions. Law no. 44/2019 comes into force on 14 March 2019. The law establishes the […]
Elimination of income tax for transfer of rights in rem
The amendments to article 111 of the Fiscal Code, which regulates the method of determining the tax applicable to the transfer of ownership and of its dismemberments entered into force on the 01.02.2017. According to the new legal regulation: are exempted from payment of tax, the income derived from transactions (transfer of ownership of a property or of its dismemberments) […]
Action for acknowledgment of a past labor relationship is admissible as per the High Court of Cassation and Justice
The High Court of Cassation and Justice’s preliminary decision of 07.11.2016 regarding the interpretation of the provisions of Article 16 para. (1) and Article 57 paragraph (5) and (6) of the Labor was published on 10.02.2017. The High Court of Cassation and Justice ruled that an individual who actually performed the work for the benefit and under the authority of […]
The Constitutional Court’s Decision on monetary conversion and exchange rate freeze in credit agreements
The Constitutional Court’s Decision no. 62 of 7 February 2017 settled a number of controversial aspects of the consumer protection legislation, establishing: The applicability of the monetary nominalism principle, on the basis of which the sum awarded as a loan must be repaid in kind, regardless of the valuing or devaluing of the sum, to the extent that the parties […]