ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES
The legal possibilities regarding the investigation by the competent authorities of practices that violate the provisions of Law no. 21/1996, which regulates competition in the economic environment, with explicit reference to the interests of consumers, as provided by art. 38 of the Law, can be anal...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2025-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_003.pdf |
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| _version_ | 1849728587408605184 |
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| author | Aurelian Gheorghe MOCAN |
| author_facet | Aurelian Gheorghe MOCAN |
| author_sort | Aurelian Gheorghe MOCAN |
| collection | DOAJ |
| description | The legal possibilities regarding the investigation by the competent authorities of practices that violate the provisions of Law no. 21/1996, which regulates competition in the economic environment, with explicit reference to the interests of consumers, as provided by art. 38 of the Law, can be analysed compared to those in the Criminal Procedure Code regarding the evidentiary search procedure, with the mention of similarities and differences, especially in terms of their nature, but also of the content that the specific regulations establish. The obligations established by this legal text for the lawyer concerning the disclosure of professional secrecy to the competition inspectors require a systematic interpretation from the perspective of the provisions of art. 11 of Law no. 51/1995, which obliges the lawyer to respect professional secrecy, with the admission of the exceptions provided for by law. |
| format | Article |
| id | doaj-art-e6136be5c3854b66b64d6de755adf8a1 |
| institution | DOAJ |
| issn | 2068-7796 2359-9227 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-e6136be5c3854b66b64d6de755adf8a12025-08-20T03:09:31ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962359-92272025-05-011812027ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHESAurelian Gheorghe MOCAN0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: mocan_aurelian@yahoo.com)The legal possibilities regarding the investigation by the competent authorities of practices that violate the provisions of Law no. 21/1996, which regulates competition in the economic environment, with explicit reference to the interests of consumers, as provided by art. 38 of the Law, can be analysed compared to those in the Criminal Procedure Code regarding the evidentiary search procedure, with the mention of similarities and differences, especially in terms of their nature, but also of the content that the specific regulations establish. The obligations established by this legal text for the lawyer concerning the disclosure of professional secrecy to the competition inspectors require a systematic interpretation from the perspective of the provisions of art. 11 of Law no. 51/1995, which obliges the lawyer to respect professional secrecy, with the admission of the exceptions provided for by law.https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_003.pdfanti-competitive practicescompetition inspectorinspectionscompetition lawcomparative skills analysiscriminal searcheslawyerprofessional secrecy |
| spellingShingle | Aurelian Gheorghe MOCAN ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES Challenges of the Knowledge Society anti-competitive practices competition inspector inspections competition law comparative skills analysis criminal searches lawyer professional secrecy |
| title | ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES |
| title_full | ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES |
| title_fullStr | ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES |
| title_full_unstemmed | ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES |
| title_short | ASPECTS RELATED TO THE COMPETENCE OF THE COMPETITION INSPECTOR IN THE CONTEXT OF INSPECTIONS PROVIDED BY THE COMPETITION LAW COMPARED TO THE COMPETENCE OF CRIMINAL JUDICIAL AUTHORITIES ABOUT SEARCHES |
| title_sort | aspects related to the competence of the competition inspector in the context of inspections provided by the competition law compared to the competence of criminal judicial authorities about searches |
| topic | anti-competitive practices competition inspector inspections competition law comparative skills analysis criminal searches lawyer professional secrecy |
| url | https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_003.pdf |
| work_keys_str_mv | AT aureliangheorghemocan aspectsrelatedtothecompetenceofthecompetitioninspectorinthecontextofinspectionsprovidedbythecompetitionlawcomparedtothecompetenceofcriminaljudicialauthoritiesaboutsearches |