Studia Universitatis Babeș-Bolyai Iurisprudentia

Electronic Documents as Evidence: — Unity in Diversity?

Șerban Diaconescu — 2026-04-06

The implementation of a new legislation, with many rules the application of which involves the analysis of technical (informatic) aspects, requires finding a fair balance between the use of new electronic supports on one hand and the protection of consent and the civil circuit on the other. The protection of participants in the civil circuit shifts the focus towards the interpretation of electronic documents, both from the perspective of probative force and from the perspective of expressing consent, as well as interpreting the manifestation of will, often transmitted fragmentarily through electronic communication means. The regulation of evidence through documents on electronic support seems to be more complementary to the regulation regarding electronic signatures, generating, on one hand, a correspondence between documents on electronic support and traditional paper documents, and, on the other hand, structuring a hierarchy of ‘electronic documents’ targeted by European regulation, from the perspective of probative force. To overcome the technical challenges related to the reliability of technology, the integrity of documents, and proving provenance, jurisprudence must be based on a balanced solution that allows for the broadest possible use of electronic documents, which are easier to store, limited only by the reasonable assurance of the safety of the civil circuit.

Is it possible, in Romania, to issue a court order that serves as a maintenance agreement?

Jozsef Kocsis — 2026-04-06

In judicial practice, situations frequently arise in which, although the parties intend to conclude a care and support agreement, their understanding does not comply with the authentic form requirement provided by Article 2255 of the Civil Code. Consequently, such an understanding can only be regarded as a pre-contract for care and support.
In the absence of voluntary performance of the obligation to conclude the agreement in authentic form, the question arises whether a court judgment substituting for the contract may be rendered — particularly in cases where the promisor of care has actually provided support during the lifetime of the promisee-beneficiary, yet has not acquired ownership of the intended property. The issue, therefore, is whether such transfer of ownership may be obtained against the heirs of the promisee-beneficiary, as recognized in Romanian case law, or whether the proper legal solution should depart from the existing jurisprudential approach.

Analysing discrimination and environmental racism through the lens of environmental justice

Laura Lazăr — 2026-04-06

In recent years, the scope and understanding of environmental protection have expanded significantly beyond the traditional goal of preserving natural resources for future generations. The concept of environmental justice has emerged as a response to the phenomenon of environmental racism and may be understood as an international movement that advocates for environmental, economic, and social justice by highlighting the interconnections between economic inequality, environmental degradation, and public health.

In this sense, environmental justice encompasses legal norms, policy interventions, regulatory frameworks, and value-based approaches aimed at promoting sustainable economic development while addressing environmental racism and structural inequities.

Environmental racism—defined as the disproportionate exposure of racialized communities to environmental hazards—remains a pressing issue today and is increasingly associated with the broader phenomenon of neo-colonial capitalism. The underrepresentation of racial and ethnic minorities in decision-making processes, their limited access to essential public services, and the systemic marginalization of these communities contribute to this enduring form of environmental injustice.

This paper examines the overarching concepts of discrimination, environmental racism, environmental justice, and neo-colonial capitalism. It also provides an overview of the core principles of environmental justice and outlines selected measures taken at the European level to combat environmental racism—such as the initiatives of the Environmental Network against Racism and the European Green Deal Strategy—particularly in the context of the ongoing pandemic and climate crises.

The Romanian presidential elections (2024): a potential breach for challenges and dangers of using artificial intelligence in future electoral processes

Sándor Móré — 2026-04-06

An inseparable feature of the democratic right to vote is that it is exercised freely, that is, free from unlawful influence. Although artificial intelligence is less regulated from a legal standpoint, its widespread use in online campaigns can amplify the effects of misinformation and manipulation of public opinion, posing new challenges. The annulment of the results of the 2024 presidential election in Romania is unprecedented: in the 33 years of the Constitutional Court’s existence, no such event has ever occurred. The Court’s ruling has since remained at the center of heated political and professional debates, as the annulment of elections—especially of the entire electoral process—can only be justified under exceptional circumstances, and its nature as a last resort cannot be ignored. Annulling election results due to minor irregularities that did not substantially influence the outcome can make the electoral process more vulnerable and undermine confidence in the appeals process or in the professional authority of the decision-making body. Citizens must be certain that the vote they cast is final.