Author:

Assoc. prof. PhD Ovidiu Ioan DUMITRU

Faculty of Law, Bucharest University of Economic Studies

Student Iulia-Alexandra DIDU

Faculty of Law, Bucharest University of Economic Studies

DOI: 10.24818/EBLJ/2024/3/1.02

Abstract: The harmonisation of the European Union’s Digital Services Law epitomises a joint collaboration in the making of a legal framework where innovation and economic growth may find fertile ground. The convergence of such legal frameworks would not turn out to be an idle bureaucratic practice, but a visionary step toward a digitally integrated Europe. This harmonisation process means evading legal uncertainties and incoherencies deterring the smooth delivery of digital services by bringing national laws into line with overarching EU directives. This study, therefore, seeks to look at the detailed legal and regulatory framework that shapes the notion of a unified Digital Single Market in the European Union. With services crossing borders so easily, this article explains the subtle balance that has to be struck in a bid to nurture innovation while maintaining consumer rights, non-distorted competition, and data privacy. The narrative meanders to the pivotal legislative milestones of the Digital Services Act and the Digital Markets Act as a way to appraise the transformation this will exact on service providers and consumers alike. It contemplates the subtleties of cross-border data flows, dismantling barriers to digital trade, and emphasising harmonisation at the level of national rules in this domain. By providing a comprehensive analysis of current policies and landmark decisions of the European Court of Justice, the article underlines an urgent need for a smooth-acting, responsive legal framework – one that will foster the growth of the digital economy while protecting the fundamental rights of citizens. It further emphasises the ethos of collaboration amongst member states in the EU and stands to uphold a uniform approach in the mastering of the complexities surrounding service provision in the digital market, displaying that the DSM is resilient and inclusive in the whirlwind created by technological evolution.

Keywords: digital single market, free movement of services, digital services, harmonisation, European Union Law, fundamental rights.

Author: Lecturer PhD Dragoș Mihail MĂNESCU

Faculty of Law, Bucharest University of Economic Studies

DOI: 10.24818/EBLJ/2024/3/1.03

Abstract: The paper puts face to face the blockchain technology and the services attached to it in the field of Decentralised Finance (DeFI) as it tries to answer to questions related to the efficiency of its use and the means to regulate this type of new financial services. At the same time, it proposes a series of technical and legislative solutions in order to mitigate the risks for businesses and consumers and to prevent any systemic dangers for the financial and banking system.

Keywords: blockchain, Decentralised Finance (DeFI), Centralised Finance (CeFI), RegTech, MiCAR, CBDCs, CASP.

Author: PhD Candidate George-Mihai POPA

Visiting Professor, Faculty of Law, Bucharest University of Economic Studies

DOI: 10.24818/EBLJ/2024/3/1.04

Abstract:

Since the field of work discipline is complex both in terms of legislation and case law, this article reviews the disciplinary sanctions provided for in the Labour Code, with a focus on the doctrinal and case law issues identified in the case of written warnings, as the simplest of the disciplinary measures that may be imposed by the employer. In addition, in order to provide a clearer technical and legislative overview of the institutions relating to disciplinary sanctions, the regulations of other countries are also relevant to this objective, and comparative law elements will be closely examined. Thus, the legal systems of Bulgaria, the United Kingdom, Israel, Switzerland, and Belgium are considered. Most of the legal systems analysed divide disciplinary sanctions into different types, which highlights quite different patterns of disciplinary sanctioning even if the determining factors of employee disciplinary liability are similar.

Keywords:  Transfer of property right; Economic analysis of the supply contract; Principle of autonomy of will; Good faith; Contingency – Hardship; Supply Agreement.

Author: PhD candidate Mihnea-Tudor D. ORJAN

Bucharest University of Economic Studies

PhD Adelina Elena STAN

National University of Science and Technology Politehnica Bucharest

DOI: 10.24818/EBLJ/2024/3/1.05

Abstract: This article critically examines Datio in Solutum Law (Law no. 77/2016) in its current form, especially in light of the National Housing Strategy 2022-2050. Initially enacted to address debtor-creditor relationships in Romania, the law’s evolution has sparked significant debate in the legal, economic, and social spheres. The article traces the amendments made by Law no. 52/2020, which introduced the “condition of hardship”, altering the application and perception of the law. By contextualising the law within the broader national housing policy, the study highlights the ongoing challenges in securing decent housing for the Romanian population, emphasising the persistent necessity of long-term borrowing for home acquisition. It critiques the state’s reliance on free market mechanisms for housing solutions, questioning whether this approach aligns with the constitutional ideal of a social state or perpetuates a form of economic bondage. The article concludes that while Law no. 77/2016 now aligns better with national housing strategies and with the vision expressed by Romanian banks, its effectiveness and ethical implications warrant continuous scrutiny.

Keywords: private real estate property, real estate market, mortgage loans, giving in payment, Datio in Solutum, Law no. 77/2016, National Housing Strategy 2022-2050.

Author: Andreea-Bianca RADU

Lawyer at CMS Cameron McKenna Nabarro Olswang

DOI: 10.24818/EBLJ/2024/3/1.06

Abstract:

In a world that is in constant movement and development, both economically and socially, a world that has less and less time to waste with lengthy and formalistic procedures, it has become more than imperative to move to digitised procedures and to conclude as many contracts as possible at a distance. the main advantage of these procedures is that they can be concluded through a faster and less formalistic process, from the comfort of your own office or home. 

The present article aims to analyse the national and European rules governing the legal institution of concluding contracts at a distance in relation to the banking field and its specific regulations. In addition, it aims to show how distance contracts can be concluded more easily, what types of signatures can be used to conclude these contracts, and their legal force in the courts.

This study is supplemented by an analysis of the national case law on the subject of banking contracts concluded at a distance and how they have or have not been enforced. 

Keywords: contract, Civil Code, electronic signatures, consumer rights, contracts with professionals, Loan Agreements concluded at a distance

Author: Associate PhD Elena-Cristina SAVU

Faculty of Law, Transilvania University of Brasov

DOI: 10.24818/EBLJ/2024/3/1.07

Abstract: The CMR provides a predictable system of liability for carriers and insurance to both carriers and their clients about the risks involved in the shipment of goods. CMR Convention establishes a strict liability regime for the carrier, meaning that the carrier is generally liable for any loss, damage or delay of the goods from the time they take the goods into custody until delivery. According to CMR provisions, this liability is limited to a fixed amount per kilogram of gross weight lost or damaged. Even if there is a limited amount, the loss, damage or the delay of the goods can lead to substantial claims. CMR insurance mitigate the financial risks associated with this liability, playing thus a crucial role in international road transport.

Keywords:  liability, CMR insurance, carrier, international road transport

Author: Lecturer PhD Andrei TINU

Faculty of Law, “Titu Maiorescu” University

DOI: 10.24818/EBLJ/2024/3/1.07

Abstract:

Statelessness is a special legal situation, manifested by the lack of a direct relationship between the citizen and the state. A stateless person is a person who, for various reasons, is not a national of any of the 195 states recognised by the United Nations. Since the adoption in 1954 of the Convention on Statelessness and up to the present day, when there are some twelve million stateless people in the world, international bodies have established several legal measures and mechanisms to support stateless persons. In this article, the author aims to make a summary of the international documents on statelessness and a qualitative analysis of the way in which the international provisions have been inserted into the Romanian legislation. 

Keywords: citizenship, statelessness, legislation, human rights.