Review of Law and Social Studies
Volume 3, Issue 2, July 2026
Table of Contents
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- Professor Phd. Habil. Anca-Lelia LORINCZ
Comparative Law Aspects Concerning the Interpretation and Uniform Application of the Law in the Criminal Process▼Abstract▼Starting from the hypothesis that a non-uniform judicial practice creates the risk of a lack of trust among members of society in the stability of legal relations, this paper brings to attention some aspects of comparative law regarding the interpretation and uniform application of the law in criminal proceedings at the European level. This study addresses the need to unify judicial practice, as a requirement of legal certainty, presenting the mechanisms for ensuring a unitary jurisprudence in the Romanian legal system, in the context of a comparative analysis of the legislations of several European states. The research methods used are: documentation, interpretation, observation and scientific analysis, including comparative, of legal provisions, with reference also to the case law of the European Court of Human Rights, the Court of Justice of the European Union and the Constitutional Court of Romania. Finally, it is noted that, in terms of regulation regarding ensuring a unitary judicial practice, compared to other European states, Romania has well-defined legislation. The legal framework established by the Romanian legislator in this matter is also complemented by the steps of the supreme court in disseminating jurisprudential guidelines which, with a recommendatory nature, may lead to the unification of judicial practice.
Keywords: unification of judicial practice; criminal cases; appeal in the interest of the law; preliminary rulings of the supreme court.
JEL Classification: K14
- Associate professor Raluca Laura DORNEAN PĂUNESCU
Environmental Law Litigation – Brief Considerations on the Delegation of Management of the Public Water Supply Service and the Correlation with the Right to a Healthy Environment▼Abstract▼The study aims to observe the legal regime of contraventional liability in the field of community public utilities services, a field regulated by the Law on Community Public Utilities Services No. 51/2006, respectively to highlight: 1. the essential utility needs and general public interest of a social nature of local communities; 2. types of legal entities that provide/render public utilities services (public utility service operators and regional operators); 3. the management method of public utility services under the responsibility of local public administration authorities (direct or entrusted/delegated management). Regarding the delegation of the management of the public water supply service, the study briefly presents the definition of the contract for the delegation of the management of the public service, the legal nature of the contract, types of contract for the delegation of the management of public utilities services (service concession contract or public service procurement contract). The study continues with details regarding the public water supply service regulated by the Law on Water Supply and Sewerage Service No. 241/2006 and the contraventional liability regulated by the special law and the framework law, culminating in the analysis of a recent case, all under the aegis of the right to a healthy environment in order to respect the principle of sustainable development.
Keywords: environmental law, litigation, public water supply service, right to a healthy environment, right to water.
JEL Classification: K32
- Assistant Professor Liviu Alexandru VIOREL
Romanian ABDRC’s Settlement Procedure, Between Limited Redress, Funded Neutrality, and the Illusion of Zero Costs▼Abstract▼The paper maps procedural weaknesses in Romania’s Alternative Dispute Resolution Center in Banking (‘ABDRC’) and, drawing on doctrinal analysis, shows how these vulnerabilities undermine consumer protection in practice. The analysis takes as its baseline the European Union standards set by Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (the „ADR Directive”), and applies both logical and comparative methods (EU law vs. Romanian law; cross-jurisdictional comparisons vs. Romanian law). The study examines ABDRC’s structural limits: a proclaimed gratuity confined to the procedural layer (e.g., persistence of ancillary costs), an appearance of neutrality derived from sectorial funding, restricted remedial competence (no power to determine the existence of unfair terms in banking contracts), admissibility filters, etc. These constraints weaken the effectiveness of consumer protection and reduce the predictability of outcomes; consequently, they (at least partly) account for ADRCB’s low attractiveness among consumers and call for caution in assessing the procedure’s capacity.
Keywords: ABDRC, neutrality, gratuity, triage, shortcomings.
JEL Classification: K15, K41
- Professor Ion RUSU; Assistant Professor Ioana RUSU
Offences Against Road Safety in Romanian Law▼Abstract▼In this study, we have conducted a summary analysis of the group of offences that protects the most important social values in the public road transport system, mentioned in a separate chapter of the Romanian Criminal Code. These social values specific to the road transport system are identified with road traffic safety, the life, physical integrity and health of persons and, last but not least, the property of natural or legal persons involved in such events. Based on the conclusions and proposals of other state institutions, during the legislative process, the legislator took over the criminal provisions from the framework legislative act, but in an effort to simplify the process of establishing the facts, it drafted one of the criminal provisions with many shortcomings. We have previously criticised these provisions because they have caused some malfunctions in judicial practice, but it was only after the intervention of the Constitutional Court that these shortcomings were remedied. In these circumstances, in addition to presenting an overview of the offences that fall within this group and the importance of criminalising such acts, in researching these provisions, we also focused on the amendments and additions made by the legislator to the legal content of some of them after the current Criminal Code came into force. The study may be useful to law students in the country, master’s and doctoral students studying the group of offences specific to the road transport system. The study may be useful to legal practitioners and, last but not least, to legislators who are about to make some amendments and additions to some of these provisions. We would like to point out that this study is a continuation of the analysis of the group of offences against road safety, with previous analyses resulting in the development of a university course that also includes these offences, as well as in other studies published in specialist journals or in the proceedings of international or domestic conferences.
Keywords: social values in the road transport system, criminalisation, summary analysis, amendments.
JEL Classification: K14
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A Roman Solution to a Timeless Fraud. From Fraus Creditorum to Actio Pauliana in the Romanian Civil Code of 2009▼Abstract▼This article briefly examines the enduring problem of fraus creditorum and the Roman solution devised to address it, which also inspired the provisions on the actio Pauliana in the Romanian Civil Code of 2009. It seeks to identify the forms that a debtor's fraudulent conduct could - and still can - take, its effects, the remedies available to creditors, and the conditions governing their use. After outlining the actio Pauliana by reference to the provisions of the Romanian Civil Code, leading doctrinal sources, and selected judicial decisions, the article compares the Roman and contemporary actions. The comparison highlights both continuities and differences between the ancient institution and its modern counterpart and shows how present-day legal problems may still find solutions inspired by the past.
Keywords: fraus creditorum, fraud against creditors, actio Pauliana, Roman law, Romanian law.
JEL Classification: K12, K15
- PhD Student Elena-Claudia DUMITRACHE (ANDRONACHE)
Technological Upgrade of the Land Registry’s Real Estate Advertising System to Legalize Real Estate Occupancy by Roma People and Ensure Equal Opportunities▼Abstract▼:The registration in the land registry of property rights held by Roma individuals over real estate located in informal settlements grants this ethnic group equal opportunities regarding the constitutive effect of registering real rights in the land registry. Using the historical method, we can highlight how the acquisition of private property rights over a property was previously regulated by law, as a result of the exercise of useful and unchallenged possession. Through the documentary method, we highlight consistent judicial practice, according to which the registration of a real right in the land registry ensures its enforceability against third parties. Using the comparative method of real estate registration systems, we emphasize the importance of conducting cadastral surveys of properties using modern digital technology as a practical solution for eliminating racial discrimination and supporting the legal recognition of beneficial possession exercised by ethnic minorities. Following an analysis of the study’s results and implications, we note that public authorities have a duty to adopt legislative measures ensuring the legal integration of Roma people by recognizing their property rights over structures located in informal settlements. To this end, it is necessary to accelerate the legislative reform of the land registry system through the digitization of technical property surveying operations and the electronic transcription of the data obtained into the land registries.
Keywords: informal settlements, property, digitization, electronic land registers.
JEL Classification: K11, K40, J15, R14, O17
- Lecturer Georgian DAN; Graduate Student Alexandra-Mădălina BRĂNICI
Modern Technologies in Forensic Research▼Abstract▼:In recent decades, crime scene investigation has undergone significant transformation due to technological progress, with new digital tools playing an increasingly central role in enhancing the speed and accuracy of forensic investigations. This paper examines the role of modern technologies in the documentation, analysis, and reconstruction of crime scenes, with particular emphasis on the use of drones, 3D technology, and LIDAR scanning. Drones enable rapid and comprehensive image capture from multiple angles, providing an extended perspective over the investigated area, including locations that are difficult to access. 3D technology facilitates detailed virtual reconstruction of the crime scene, contributing to a better understanding of the dynamics of events and to the establishment of spatial relationships between pieces of evidence. The integration of these technologies with advanced data analysis software allows for the correlation of information from multiple sources and the generation of interactive models of event sequences. Through these tools, the investigative process becomes more adaptive, objective, and efficient, strengthening the capacity of judicial authorities to establish the truth.
Keywords: modern technologies, forensic science, crime scene investigation, drones, 3D reconstruction, LIDAR, data analysis, forensic evidence.
JEL Classification: K13, K24
- Associate Professor Ong Van NAM
Existential Awakening in the Technocracy: Kierkegaard and the Therapy of a Heterogeneous Subject▼Abstract▼This article examines the thought of Søren Kierkegaard as a form of "existential therapy" in the context of modern society facing crises of morality, identity, and individual freedom. Instead of building a closed philosophical system, Kierkegaard deploys an indirect communication strategy and a polyphonic writing form to break the homogenization of the modern rational subject. He does not reinforce the self as a sensible center – capable of representing or possessing knowledge – but rather exposes human existence's incompleteness, fragmentation, and paradox. According to Kierkegaard, existential therapy does not aim to satisfy needs or rehabilitation. Still, it is a process of awakening the ethical possibility in the individual – where truth cannot be handed over. Still, it only appears in living, self-questioning, and taking responsibility. The article develops pairs of opposing categories, such as necessity – freedom means-ends, and self-possession – other-possession - to highlight Kierkegaard's existential therapy's transformative and critical nature. Through this, the study contributes to rereading Kierkegaard as a multi-layered existentialist philosopher. It suggests a critical ethical model capable of dialogue with the problems of the technocratic era, globalization, and the crisis of subjectivity in the 21st century.
Keywords: Kierkegaard, existential therapy, subjectivity, indirect communication, critical philosophy.
JEL Classification: K10, K30
- Lecturer Claudiu-Gabriel GALU
Implementation of Obligations Related to Funding Under the National Recovery and Resilience Plan. Case Study on Financing the Construction of a Photovoltaic Power Plant▼Abstract▼The time remaining until the implementation of projects funded under the NRRP, the allure of funding perceived as easily accessible, and the diverse range of opportunities have all encouraged both public and private entities to pursue numerous infrastructure projects in the areas of digitalization, healthcare, and the green component. The study’s objectives are to ease the success in implementing the European financed projects. In this context, the purpose and the results of the study is to draw the participants' attention to become increasingly focused on strictly adhering to the commitments outlined in the specific guidelines, the application, and the funding agreement, all of which constitute the basis for the obligations of European fund beneficiaries. Probably one of the most important factors driving the idea of a project funded by European funds is money. Thus, the availability of grant funding is one of the reasons why prospective beneficiaries embark on this path. The implication of this study is to underline why the financial implementation component of any project is essential to its success.
Keywords: funding, project, NRRP, photovoltaic, power, plant.
JEL Classification: K11, K23
- Lecturer Ovidiu-Horia MAICAN
Nuclear Energy in European Union▼Abstract▼:Europe’s electricity network faces a three-pronged challenge. In order to tackle climate change, the European Union needs to reduce carbon emissions from its electricity infrastructure. This requires the EU to accelerate the pace and extent of electrification, while ensuring that affordability and dependability are maintained for both citizens and industries. Meanwhile, a significant portion of the clean, reliable power infrastructure is becoming outdated and needs to be updated prior to 2050. This multifaceted issue is made even more difficult by rising competitive pressures from international industries. Addressing this situation necessitates a variety of approaches. One solution that is receiving increased focus within the European Union, both at the EU level and among Member States, is nuclear power, known for its capacity to provide clean, reliable energy. Member States are engaging in the development of new nuclear facilities, linking them with energy supply, and enabling the execution of these initiatives. This could be organized by specific geographical areas, alliances of nations, industry groups, or partnerships between public and private sectors, capitalizing on collective purchasing power to order multiple reactor units, plant parts, or construction projects through comprehensive contracts. Nuclear power serves as a clean and dependable energy source that can contribute significantly to creating a completely decarbonized, reliable, cost-effective, and secure energy framework within the EU.
Keywords: European Union, EURATOM, nuclear energy, energy security.
JEL Classification: K33
- Lecturer Sonia FLOREA
Legal Protection of Works Generated with the Use of a Generative Artificial Intelligence System▼Abstract▼:The study aims to address the issues raised by the legal means for the protection of human-generated creations with the help of artificial intelligence, in view of the criteria of originality for the protection of an intellectual creation through copyrights, to the duration of copyrights and to the moral rights of the copyright holder. The study raises the question whether rights related to copyright, granted in view of the economic investment, with a shorter duration and which, in most of the cases, do not confer moral prerogatives, are more appropriate for the legal protection of creations generated with the use of artificial intelligence. An example of such creations generated with artificial intelligence and protected by a related right are press articles. Such a normative solution has the undeniable advantage of preserving the current legal regime of copyright and the integrity of the legal categories of "originality" and "moral rights of authorship", a legal regime consolidated in time, through international, European and national legal instruments, verified and reaffirmed both theoretically and practically. Another advantage is the avoidance of the need to prove the proportion of human contribution (”prompts”) and the originality of such prompts, in the context in which there are no means of evidence capable of proving these essential aspects of a work generated with the use of artificial intelligence.
Keywords: artificial intelligence, legal protection, originality, economic investment, related rights, copyrights.
JEL Classification:K22, K29
