Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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TRENDS REGARDING FINES AND SANCTIONS IN COMPETITION LAW, LABOR LAW AND DATA PROTECTION LAW

Barbu Silviu GABRIEL

Goga Alexandru SILVIU

Abstract: The reason on writing this paper is based on the fact that nowadays civil and administrative sanctions and fines have become huge from a financial standing point, making a significant issue on the matters of the constitutionality – the right to property. ECHR and the European Court of Justice also have talking points on this. The Romanian Courts and mostly judges form second tier courts such as Tribunals or Courts of Appeal have

become more aware of the fines they are presented with to be cancelled or at least diminished and regard some of them to be exaggerated.
The research has been done on the basis on European and national Romanian law and, also on the basis of cases presented in front of the courts and their outcome. The fines in competition law can be negotiated but are a percentage of your annual income, the ones regarding labor law for working without a contract are 10.000 lei per person (about 2100 euros) and the ones in data protection law are also based on a fix sum and a percentage. Thus the results with which we came up are amazing, regarding that some cases have been won, but most of the fines and sanctions remained in place, some companies even agreeing to pay in advance or asking for a payment plan without going to trial. In other cases we noticed that Romanian national law is more rigorous and at some times even more severe than that of other EU member states.
In conclusion, there should be a more strict revision on fines and sanctions throughout the whole European legal system and to ensure a more transparent and equitable framework in which companies and even natural persons can be aware of the fines and sanctions and if they are not contrary to Constitutional and European Law.

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Volume X, special issue I, December 2019, posted at 23th of December 2019

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INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Ana Maria BOLBORICI

 

UE Law and Comparative Law

THE MARGIN OF APPRECIATION RECOGNIZED FOR THE SIGNATORY STATES OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE FIELD OF MEDICALLY ASSISTED HUMAN REPRODUCTION

Georgeta Bianca SPÎRCHEZ

TRENDS REGARDING FINES AND SANCTIONS IN COMPETITION LAW, LABOR LAW AND DATA PROTECTION LAW

Barbu Silviu GABRIEL

Goga Alexandru SILVIU

REGULATION (EU) NO. 2015/848 A MEANS OF STREAMLINING INSOLVENCY PROCEEDINGS CONCERNING A DEBTOR WHOSE CENTER OF MAIN INTERESTS IS LOCATED WITHIN THE EUROPEAN UNION *

Anca Roxana BULARCA

THE POSSIBILITY OF A COMMON EUROPEAN LAND REGISTRY WITHIN THE CURRENT LEGAL FRAMEWORK

Gabriel Bogdan CHIHAI

BRIEF ANALYSIS OF THE EUROPEAN UNION'S DIRECTIVES IN THE AREA OF WATER PROTECTION AND THE LEVEL OF THEIR NATIONAL IMPLEMENTATION*

Ramona DUMINICĂ

EUROPEAN CITIZENS’ INITIATIVE: NEW RULES, NEW TREND?*

Angela Maria ROMITO

DYNAMICS AND TOOLS OF ‘UPWARD CONVERGENCE’ IN THE EU SOCIAL POLICY: ASSESSING THE EUROPEAN STATES’ PERFORMANCE UNDER THE EUROPEAN PILLAR OF SOCIAL RIGHTS

Cristina PĂTRAŞCU

 

International Law

THE RIGHT TO GOOD ADMINISTRATION – IS THE CONSTITUTIONAL REGULATION NECESSARY?

Oana ŞARAMET

OSCILLATING BETWEEN DIFFERENT TYPES OF PUBLIC CONTRACTS REGARDING THE CONSTRUCTION OF A HIGHWAY

Cătălina-Georgeta DINU

ASPECTS OF PERSONAL DATA PROCESSING BY ROMANIAN CIVIL COURTS ACTING IN THEIR JUDICIAL CAPACITY

Adrian CRISTOLOVEAN

GENERAL ASPECTS ON ACADEMIC ETHICS

Cristinel GHIGHECI

JURISPRUDENCE IN ANCIENT ROME

Cristinel-Ioan MURZEA

BRIEF THEORETICAL AND PRACTICAL CONSIDERATIONS CONCERNING CRIMES AGAINST LIFE. POSSIBILITY OF COEXISTENCE OF MANSLAUGHTER AND HOMICIDE WITH REGARD TO THE SAME VICTIM

Constantin Ioan GLIGA

ASPECTS REGARDING THE CRIMINALIZATION AND INVESTIGATION OF THE OFFENCES RELATED TO TERRORIST ACTIVITIES IN ROMANIAN LEGISLATION

Adrian Cristian MOISE

SHORT CONSIDERATIONS ON THE SCOPE OF THE RIGHT TO A FAIR TRIAL PROVIDED BY ART. 6 OF THE ECHR – THE CONCEPT OF ”CRIMINAL CHARGE”

Mihai GURAN

THE DEFENDANT’S RIGHT TO REMAIN SILENT AND NOT INCRIMINATE HIMSELF ACCORDING TO THE CRIMINAL PROCEDURE CODE. THE RESPECT OF THE PROVISIONS OF ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Maria Magdalena BÂRSAN

CONSIDERATIONS REGARDING THE DEPRIVATION OF LIBERTY OF JUVENILES IN CRIMINAL MATTERS, IN LIGHT OF NATIONAL AND INTERNATIONAL REGULATIONS

Gabriela Nicoleta CHIHAIA

CRIMINOLOGICAL LANDMARKS FOR EXPLAINING CAUSES OF CRIME

 

Articles (Studies, discussions, comments)

ABOUT VACANT INHERITANCE

Diana-Geanina IONAŞ

BRIEF CONSIDERATIONS AS TO THE JOINT EXERCISE OF PARENTAL AUTHORITY AFTER DIVORCE

Elisabeta SLABU

THE DISPUTE OVER INVOKING ABUSIVE CLAUSES INSERATED IN BANKING CONTRACTS IN THE TRIAL OF A CONTESTATION OF THE EXECUTION – ALIGNMENT TO EUROPEAN TRENDS IN THE MATTER

Adriana Ioana PÎRVU

ABOUT THE RES JUDICATA AUTHORITY OF THE REORGANIZATION PLAN AND/OR OF THE MEASURES TAKEN BY THE JUDICIARY ADMINISTRATOR OR LIQUIDATOR WITHIN THE FRAME OF THE INSOLVENCY PROCEDURE

Ioan SCHIAU