Bla Bla Bls

Cristinel MURZEA
Laura MUREAN Cristian POINCU

Theoretical issues regarding
the juridical institution of the
consumer protection in Romania.
Commented and annotated legislation

Transilvania University Press
Braov
2011

2
2011 EDITURA UNIVERSITII TRANSILVANIA DIN BRAOV

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Refereni tiinifici: Prof. dr. Nicolae VOICULESCU
Conf. univ. dr. Carmen Adriana GHEORGHE

ISBN 978-973-598-892-0

ACKNOWLEDGEMENT: This book is supported by the Sectoral Operational
Programme Human Resources Development (SOP HRD), financed from the
European Social Fund and by the Romanian Government under project
number POSDRU/89/1.5/S/59323.

3
TABLE OF CONTENTS
Fundamental theoretical elements related to the juridical regulation
of the consumer protection in Romania ....................................................... 6

Chapter I. Law and its functions the role of the law in the juridical
consumer protection in Romania .................................................................. 7
1. General law notion ....................................................................................... 7
2. Civil law and commercial law. General notions .......................................... 8
3. Civil juridical norm and commercial law juridical norm ........................... 17

Chapter II. The normative document regarding the juridical
consumer protection in Romania ................................................................ 21
1. The law sources which are the normative documents of the juridical
consumer protection in Romania .................................................................... 21
2. Formal juridical sources of the juridical consumer protection in
Romania ......................................................................................................... 22
2.1. Sources of internal system of law ............................................... 22
2.2. European sources of law.............................................................. 27
3. Informal juridical sources of the juridical consumer protection in
Romania ......................................................................................................... 28

Chapter III. Application and interpretation of the consumer
protection law in Romania .......................................................................... 32
1. Application of law ...................................................................................... 32
1.1. Application of the consumer protection law in time ................... 32
1.2. Applying the consumer protection law in space ......................... 35
1.3. Application of the consumer protection law to persons .............. 35
2. Interpretation of the law ............................................................................. 36

Chapter IV. Civil and commercial aspects of the juridical relation
between the consumer and the trader in Romania ................................... 42
1. The terms of civil juridical relation and commercial law juridical
relation ............................................................................................................ 42
2. Structure of the juridical relation between the consumer and the trader ... 47
2.1. Parties of the juridical relation .................................................... 47
2.2.1. Traders, general characters ................................................ 50
2.1.2. Consumers ......................................................................... 56
2.2. Content of juridical relation ........................................................ 61
2.3. Object of the juridical relation .................................................... 63

4

Chapter V. Civil and commercial aspects regarding the juridical act
concluded between the consumer and the trader ...................................... 71
1. Notion and classification of the civil juridical act and the commercial
juridical act ..................................................................................................... 71
2. Conditions of the juridical act .................................................................... 82
2.1. Capacity to perfect a juridical act ................................................ 83
2.2. Consent ........................................................................................ 85
2.3. Object of the civil juridical act and of the juridical act
concluded by the consumer ................................................................ 87
2.4. Cause of the juridical act ............................................................. 92

Chapter VI. Administrative law issues related to legal documents
issued by public authorities with responsibilities for consumer
juridical protection ....................................................................................... 94
1. J uridical norms regulating the activity of consumer protection public
authorities ....................................................................................................... 94
2. J uridical relations whose subjects are consumer protection public
authorities ....................................................................................................... 97
3. Documents issued/adopted by administrative authorities in the
consumer protection field ............................................................................... 99

Juridical and economic analysis of the consumer protection
legislation in Romania ................................................................................ 101

Chapter VII. The legislation regarding the protection of the
consumers of food ecological products in Romania ................................ 102
1. The food ecological products ................................................................... 102
2. Legal analysis of the harmonization of the Romanian legislation
with the community legislation in the field of ecological food labeling ..... 105

Chapter VIII. The legislation regarding the ecological label applied
to the non-food products and services in Romania, element of
consumer protection ................................................................................... 113
1. The non-food ecological products and ecological services ...................... 113
2. The juridical analysis of harmonizing the Romanian legislation
with the community legislationin the field of the ecological label
applied to the non-food ecological products ................................................ 115

5

Chapter IX. Risks and implications of the genetically modified
products in the consumer protection field ............................................... 124
1. Risks for the health of the consumers of genetically modified
organisms ..................................................................................................... 124
2. Harmonising the Romanian legislation related to the genetically
modified organisms to the community legislation ....................................... 130

Chapter X. The legislation regarding the protection of the
banking services consumers, expression of the corporate social
responsibility ............................................................................................... 155
1. General aspects regarding the corporate social responsibility ................. 155
2. The relation between the banking commercialcompanies in Romania
and the corporate social responsibility ......................................................... 156

Bibliography ............................................................................................... 165

Contribution of authors is as follows:
Prof. PhD. Cristinel Murzea: Chapters I, III, V, VI.
Postdoctoral Researcher PhD. Laura Murean: Chapters II, IV, VII, VIII.
Ec. PhD. Cristian Poincu: Chapters V, IX, X.

6

Fundamental theoretical elements
related to the juridical regulation of the
consumer protection in Romania

7
CHAPTER I
LAW AND ITS FUNCTIONS THE ROLE OF
THE LAW IN THE JURIDICAL CONSUMER
PROTECTION IN ROMANIA
1. General law notion
Law has emerged once the first human community forms have appeared.
At first, law rules have not been distinguished from moral rules or religious
rules. Even the creators of the Roman law have confused the religious norms
(fas) with the juridical norms (jus); the juridical norm had the power and the
authority of religion. The person who broke a juridical rule came into conflict
with the supreme force; the sanction for such an action was the death
punishment.
1

The juridical literature in Romania
2
defines law as a totality of rules
provided and guaranteed by the state, which are meant to organize and
discipline the human behavior in its main social relations, in an environment
where liberties coexist, and the essential human rights and social justice are
protected.
The rules issued (elaborated) by the state are named juridical norms.
The juridical norms are guaranteed by implementing sanctions (included
in the juridical norm), if that juridical norm is broken. The implementation is
made by the state, by means of the public authority which has competence on
a certain territory.

1
Murzea C.: Noiuni de drept civil. (Notions regarding civil law) Editura EMA, Braov.
2000, p. 3.
2
Popa N.: Teoria general a dreptului. (General theory on law) Editura Actami, Bucureti.
1994, p. 91.

8
2. Civil law and commercial law. General notions
The state is an absolute reality because it does not acknowledge any
higher authority. The state exercises its attributions on a certain territory. The
state organises the law on this certain territory and for the people living there.
Each state thus legislates on its own territory. Certain law norms are applied
only to the respective states in their internal relations, reunited norms of
internal law. Other norms are applied to different states coming in contact in
the international area (the norms are applied to the states as such, or to the
subjects of several states when they come into contact), forming the external
or international law.
1

The national law system (similarly as the international law system) is
divided into public law system and private law system.
2

Figure no. 1

The public law system deals with the constitution of the state, the public
powers, and the relations between the state and citizens, in general. Namely,
the public law system regulates the public order, and considers the

1
Djuvara M.: Teoria general a dreptului drept raional, izvoare i drept pozitiv. (The
general theory of law rational law, sources and positive law) Editura All, Bucureti, 1995,
p. 43.
2
Ungureanu O.: Drept civil. Introducere. (Civil law. Introduction) Editura All Beck, Bucureti.
2000, p. 3.
International
law system
Public law system
Private law system

Commercial
law system
Law
system
National
law system
Public law system
Private law
system
Civil law
system

9
organization and activity of the state and public powers constituted within the
state, and also the juridical relations established between government and
citizens.
1

Private law deals with the private peoples acts, which are related only to
their private interests. In other words, private law system deals with the
private juridical order, regulating and protecting the individual private social
relations, established between private natural persons and legal persons.
2

The private law system mainly includes: the civil law, commercial law,
family law, etc. There are authors
3
who divide the private law system into
only two main branches: civil law and commercial law.
The difference between the civil law system and the commercial law
system consists in the fact that the commercial law is applied only to those
juridical operations which have either an object that law considers to be
commercial (in considering the object), or those operations in which traders
participate (in considering the parties, their profession).
4
Thus, the civil law
norms would be applicable to those acts or facts which either do not have an
object considered by the law to be commercial, or neither of the operation
parties is a trader.
5

The civil law system is the most important branch of the private law
system. The domain of the civil law system includes those acts which can be
performed by any citizen, irrespective of their profession. The civil law
system is the general private law system because it governs the most
important juridical relations and acts of the private persons. All other private

1
Guillien V. R.: Droit public et droit prive. Melanges Brethe de la Gressaye, 1967, pp. 311
et seq.
2
Micescu I.: Curs de drept civil. (Civil law course) Editura All Beck, Bucureti. 2000, p. 59.
3
Georgescu I. L.: Drept comercial romn. (Romanian commercial law) Vol. 1, Editura All
Beck, Bucureti. 2002, p. 5.
4
Finescu I. N.: Curs de drept comercial. (Commercial law course) Vol 1, Editat de Al. Th
Doivescu, Bucureti. 1929, p. 7.
5
Bodu S.: Drept comercial completat cu noiunile fundamentale de drept civil. (Commercial
Law completed with fundamental notions of civil law) Editura Rosetti. Bucureti, 2005,
pp. 17-18.

10
law branches only deal with certain special juridical relations, being special
private law systems.
It can be stated that the civil law system is the basis of the private law
system. The civil law system is the common law in the private law system.
This means that it dominates the entire private law system, i.e. whenever no
dispositions are available, the civil law shall be applied.
1

The civil law term can have three different meanings.
2
The commercial
law can also have three different meanings:
First of all, the civil law or commercial law designates a law branch of
the Romanian law system, i.e. the totality (ensemble) of the juridical norms in
that field.
Second of all, the civil law or commercial law evokes that possibility
(prerogative) acknowledged by the law to the holder of that right (called
active subject) by virtue of which he can ask for a proper behavior to his right
from the passive subject, and when needed he can resort to the coercive force
of the state for the protection of his right. In this respect, right means a power
of the individual (called subjective right). This power from certain people
implies submission from others.

Purchase of a product

The right of the consumer to the guarantee
for the purchased product The obligation of the trader to
offer a guarantee for the sold product

Figure no. 2

1
Djuvara M.: Teoria general a dreptului drept raional, izvoare i drept pozitiv. (The
general theory of law rational law, sources and positive law) Editura All, Bucureti, 1995,
p. 84.
2
2000, pp. 1 et seq.
Right of subject 1 of
the juridical relation
Obligation of subject 2
of the juridical relation

11
In the example shown in figure 2, the right of the consumer (subject 1) to
a guarantee for the purchased product tallies with the obligation of the trader
(subject 2) to offer a guarantee for the sold product, based on the sale and
purchase contract concluded between the consumer and the trader. This
contract establishes the power of the consumer regarding the guarantee of
the purchased product and the submission from the trader.
Thirdly, the civil law or the commercial law designates a branch of the
juridical science, science which has as an object the civil or commercial
rights of the natural and legal persons (subject matter).
The Romanian civil law system was defined in the juridical literature
1
to
be that branch which regulates patrimonial and non-patrimonial juridical
relations established between natural and legal persons, who are juridically
equal.
In order to understand the definition of the civil law system, the
patrimonial and non-patrimonial juridical relations must be defined. The
juridical relation whose content can be evaluated in money is patrimonial,
and the juridical relation whose content cannot be evaluated in money is non-
patrimonial.
An example of patrimonial juridical relation: the juridical relation whose
juridical source is a sale and purchase contract.
An example of non-patrimonial juridical relation: the juridical relation
related to the right to a name (for the natural person), or to the right to a
denomination (for the legal person).
Although the commercial law only includes patrimonial relations,
because the trader mainly focuses on obtaining a profit, we consider that the
consumer protection institution includes patrimonial relations but also

1
Beleiu G.: Drept civil romn. (Romanian civil law) Editura ansa SRL, Bucureti. 1993,
pp. 25 et seq.

12
personal non-patrimonial relations, taking into account the social nature of
this law branch.
The consumer protection institution is that juridical institution which
regulates patrimonial and non-patrimonial relations established between
natural and legal persons which are juridically equal.
An example of a non-patrimonial relation belonging to the legal
institution of the consumer protection is the relation containing the
consumers right to food safety.
The consumer is legally
1
defined as any natural person or group of
natural persons organized in joint ventures, buying, acquiring, using, or
consuming products which are outside their professional or commercial
activity. The consumer is the subject of a commercial law relation with a
mixed nature because the second subject of this relation is a trader.
The civil law subjects develop civil juridical relations. The civil law
subjects are: the natural person (civil law individual subject) and the legal
person (civil law collective subject).
The juridical position of the civil law subjects is of juridical equality,
neither of the parts is subject to the other. Similarly, as in the case of the
commercial law relation, or the relation in whom a consumer is involved, the
juridical position of the subjects is of equality.
The commercial law system has emerged from a deep need to adapt the
law rules to the needs of trade development and blossoming, as an historical
act of emancipation and protest against the civil law system and the old
traditions which stayed in the way of the trade development.
2

1
Legea nr. 449 din 12.11.2003 privind vnzarea produselor i garaniile asociate acestora
(Law no. 449 of 12.11.2003 on selling products and their guarantees), art. 2, lit. a.
2
Schiau I.: Curs de drept comercial. (Commercial law course) Editura Rosetti, Bucureti.
2004, p. 28.

13
The trade notion is used with several meanings
1
:
Etymologically, the trade term originates in the Latin word
commercium that means with goods (cum and merx). Trade would
consist, according to this meaning, in a series of operations
involving goods.
Economically, trade is defined to be an activity whose purpose is the
exchange and circulation of goods from manufacturers to
consumers. Thus, trade would include all operations performed from
the moment when the goods are manufactured, put into circulation,
until the goods get to the consumers. These operations are made by
the traders, who are named merchants, who are economic agents
different from goods manufacturers. This is the most common
meaning for trade notion, and most widespread. From this
perspective, the commercial law system would be defined as all the
juridical norms regarding the interposition and circulation of the
goods from the manufacturers to the consumers.
J uridically, the trade notion has a broader content than the trade
notion defined in the economical sense. Trade includes more than
the goods interposition and circulation operations, performed by the
traders, but also the goods manufacturing operations, performed by
the manufacturers, together with the execution of works and service
provision, performed by the contractors, i.e. the service providers or
in general the entrepreneurs.

1
Crpenaru S. D.: Drept comercial romn. (Romanian commercial law) Ediia a VI-a
revizuit i adugit. Editura Universul Juridic, Bucureti. 2007, p. 7.

14
In that context, the commercial law system is defined by juridical
doctrine
1
as the totality of the juridical norms which regulates the commercial
activity, i.e. goods manufacturing and circulation (distribution), works
execution and service provision.
The commercial law system has also been defined as a law branch which
includes all the juridical norms belonging to the private juridical relations,
which derive from the performance of juridical acts, facts and operations,
considered as commercial facts by the law, as well as juridical relations in
which traders participate.
The Romanian legislators option for one or another system establishes
the object of the commercial law system.
According to the classical meaning of the commercial law system, there
are two systems which allow the establishment of the commercial law
systems domain:
A subjective system according to which the commercial law has as an
object the juridical norms used by traders. According to this system,
the commercial law system is perceived as a professional law
system, which is applied to all persons who have the trader position
(quality).
An objective system according to which the commercial law system
includes the juridical norms applicable to the trade (juridical acts,
facts and operations, considered by the law as commercial),
irrespective of the person who commits them.

1

15
According to this system, the norms of the Romanian commercial law
system are applied to a category of juridical acts, facts and operations
(commercial facts), not to a category of persons (traders).
1

The Romanian Commercial Code, in force on this date, is governed by
the objective system. Art. 3 of the Commercial Code establishes the juridical
acts, facts and operations considered commercial facts by law, to which the
Commercial Code is applied, regardless of the fact that the person who
commit them is a trader or not. Thus, in Romania, the law relations between
traders and consumers are commercial law relations.
The vastness of the community legislation and Romanian legislation
regarding the consumer protection, subject of the commercial relations,
suggests a special attention given to the commercial goods and services, both
at community, and internal levels.
However, although the legislation is rich, the problem rising from the
doctoral marketing research performed and called Ethics and social
responsibility in the marketing field analyses the problematic effectiveness
of the activity performed by the public institutions dealing with the consumer
protection in Romania.
The juridical norms of the commercial law system, as well as the
juridical norms of the civil law system, are included in the private law
system. So, they concern the business acts (iure gestionis), not the power acts
(iure imperii).
Regarding the autonomy of the commercial law system to the civil law
system, it must be mentioned that at the beginning of the XIXth century, the
needs to develop the trade, and implicitly, to defend the interests of the

1
revizuit i adugit. Editura Universul Juridic, Bucureti. 2007, pp. 8-9, 13-16.

16
traders have led to the acknowledgement and promulgation of the
commercial law, as a special law system as compared to the civil law system.
The autonomy of the commercial law system is imposed by the following
commercial conditions:
The frequency and celerity of the commercial transactions need
simple rules, with no formalism, as well as great freedom for the
trader in preparing the juridical acts. The non-trader concludes
juridical acts fairly rare, having necessary time for legal protection
measures. The trader, on the contrary, frequently concludes juridical
acts, and the rapidity of concluding them is for him a condition of
success (time is money). As he is more prepared for such an activity,
the trader must have a larger liberty in movement, using simple
forms for concluding his juridical relations (telephone, telex, fax or
even verbal agreements), and benefiting from the possibility to
prove his juridical acts by using all juridical instruments.
The role of the commercial transactions in achieving the interests of
the traders implies a better punctuality in executing the obligations
taken upon them. The interconnection of the juridical relations in
which the traders participate imposes a strict compliance with the
contractual obligations. In order to achieve this, the commercial law
system has certain means, e.g. interests juridical flow.
The commercial law system is the most alive part of the private law
system; it is a laboratory for experimenting with juridical solutions,
in order for them to be adapted to the requirements of the economic
life. These solutions can also be regulated in the civil law system
only if these solutions prove to be good for the traders.

17
The juridical institution of the consumer protection combines elements of
the commercial law, civil law and elements with a particular nature. The
norms of the civil law are generally applied to the consumer, although he is a
subject of the commercial law juridical relation.
In the field of the juridical consumer protection institution, a special
legislation has been adopted in Romania particularly regulating the protection
of the Romanian consumer. To the extent to which this special legislation is
not sufficient to regulate a relation between the consumer and the trader, the
commercial juridical norms or the civil juridical norms shall be applied (as
the civil law is the common law in the private field).
3. Civil juridical norm and
commercial law juridical norm
The juridical norm was defined in the juridical literature in Romania
1
as a
general behaviour stipulation which can be enforced, if necessary, by the
state force of compulsion.
We consider that the general theoretical aspects regarding the civil
juridical norm can be extended also in the case of the commercial law norm,
or the consumer protection norm.
The juridical norm of the consumer protection has characteristic features:
It is obligatory, the persons who break a juridical norm are punished.
Ii is general, a juridical norm is applied to all natural persons
(consumers) or legal persons (traders) who are aimed at.
It is permanent, the juridical norm is applied to a series of
undetermined or similar situations or cases, since it comes into force
until it is cancelled.

1
Poenaru E.: Drept civil. Teoria general. Persoanele. (Civil law. General theory. The
subjects) Editura Dacia Europa Nova, Lugoj. 2001, pp. 20 et seq.

18
It is adopted (issued) by the public authority which is invested with
the promulgation power.
It is sanctioned by the public force, not by the private force, i.e.
nobody, no consumer, can make justice to himself.

Figure no. 3

From the perspective of their structure, the commercial law norms are
made up of:
a. Hypothesis: shows the circumstances under which the respective
norm is applied.
b. Disposition: defines the legal behaviour imposed by the law norms,
indicating what is imposed, allowed or forbidden by the law.
c. Sanction: shows effects of breaking the disposition.
Obligatory General Permanent
Punished by
the public force
Characteristic features of the
juridical norm
Adopted by the public authority
which is invested in this respect

19

The commercial law juridical norms can be classified according to the
civil norm model.

Figure no. 4

1. According to the prescribed behavior, the consumers protection norms
are divided into:
A. Imperative norms: impose o the subjects the obligation to perform
an action, or to refrain from doing something. The imperative norms
are divided into:
A.1. Oneratives norms: impose an action;
A.2. Prohibitive norms: impose inaction.
According to
behaviour disposition
According to
application domain
Iimperative
norms
Disposition
norms
General
norms
Juridical
norms
Oneratives
norms
Prohibitive
norms
Permissive
norms
Suppletive
norms
Special
norms

20
B. Dispositive norms: allow the derogation from the provisions
included. The dispositive norms are divided into:
B.1. Permissive norms: allow certain behaviour for juridical
subjects;
B.2. Suppletive norms: establish a particular behaviour which
becomes obligatory when the juridical subjects have not
established otherwise).
2. According to application domain, the consumer protection norms are
divided into:
A. General norms: are applicable to all social relations or to certain
branches of law.
B. Special norms: are applicable only to certain categories of relations
within this branch of law.

21
CHAPTER II
THE NORMATIVE DOCUMENT
REGARDING THE JURIDICAL CONSUMER
PROTECTION IN ROMANIA
1. The law sources which are the normative documents of
the juridical consumer protection in Romania
The law system sources which are the normative documents of the
juridical consumer protection in Romania include the civil law sources,
commercial law sources, and specific sources of the juridical institution of
the consumer protection.
The civil law source is defined
1
as a specific expression form of the civil
law system norms. It can be said that the law source which is the normative
document of the juridical consumer protection in Romania is a specific
expression form of the consumer protection system norms.
The civil law system norm is defined as the general and abstract rule
which regulates the subjects behavior in their civil juridical relations. So, the
consumer protection juridical norm can be defined as a general and abstract
rule which regulates, mainly, the behavior of the consumers and traders,
subjects of these juridical relations, but also the relations established between
these and the public authorities operating in the consumer protection field.

1
2000, pp. 22, 6.

22
The juridical source notion may have two meanings
1
:
A first meaning of the juridical source (material meaning) is related to
the material conditions of existence which generate the norms of this branch.
A second meaning for the juridical source (formal meaning) is related to
the specific expression forms of the juridical norms.
The formal meaning of the juridical source notion must not be
confused with the individual juridical relation sources notion.
The juridical sources are related to the juridical/normative acts, which are
adopted by the three state-constituted powers.
The individual juridical relation sources also refer to the juridical
(individual) acts and facts.
2. Formal juridical sources of the
juridical consumer protection in Romania
The formal juridical sources of the juridical consumer protection in
Romania can be internal mainly adopted by the Romanian Parliament,
and European adopted by the European Union authorities.
2.1. Sources of internal system of law
The internal law sources of the juridical consumer protection institution
in Romania are the normative documents adopted by the administrative
authorities having such prerogatives.

1
pp. 43 et seq.

23

Laws (in a strict meaning)

These are the normative acts adopted by state legislative authority (the
Romanian Parliament).
The laws adopted by Romanian Parliament can be classified into three
categories:
Constitutional laws: which contain, first of all, the Romanian
Constitution (the fundamental law which stipulates the principles of
the state organization, citizens fundamental rights and obligations,
general norms referring to the most important civil law system
institutions, common to the commercial law system - juridical and
natural persons, the property right general norms referring to the
commercial law institutions the organizational principles of the
economic activities, etc.)
Organic laws: which develop and describe in detail the principles
included in the Constitution.
Ordinary Laws: which include all the other laws adopted by the
Romanian Parliament, and promulgated (by decree) by the president.
The Romanian Constitution includes o series of juridical norms with
implications in the field of the juridical consumer protection.
Art. 31, regarding the right to information, establishes at alignment (2)
the fact that The public authorities, according to their competences, are
obliged to provide the correct information of the citizens on public matters
and issues of personal interest. This text, which has a general nature, also
concerns the obligation of the public authorities operating in the consumer
protection field to educate and inform the consumers.

24
Art. 34 related to the protection of health establish the fact that The right
to health protection is guaranteed. The state is obliged to take action in order
to provide hygiene and public health. These constitutional stipulations also
concern the consumers right to food or non-food safety. The products
purchased by the consumer, either food or non-food, must not affect the
consumers health, or endanger his life.
Codes play an important part among the ordinary laws (for example:
Civil Code, Commercial Code, Consumption Code, Civil Procedure Code,
etc.) which group and systematize in one legislative body all (or a many as
possible) regulations applicable in a particular activity field usually (indicated
in the code name).
The Commercial Code is the main regulation of the commercial activity.
It includes juridical norms which regulate the fundamental commercial law
system institutions: commerce facts, traders, commercial obligations, etc.
1
A
few juridical norms - included in the Commercial Code - regulate particular
institutions of the commercial law system (commerce facts, traders quality,
commission contract, etc.). Certain norms included in Commercial Code
are derogations from the Civil Code rules (favor terms, etc.). Other
Commercial Code norms regulate the Civil Code institutions, adapting them
to the commercial activity needs (sale and purchase contract, mandate
contract).
The Consumption Code has as an object the regulation of the juridical
relations between traders and consumers related to the purchase of products
and services, including financial services, providing the proper framework for
the access to products and services, their complete and correct information on
their essential features, protection and provision of legitimate rights and

1
revizuit i adugit. Editura Universul Juridic, Bucureti. 2007, pp. 19 et seq.

25
interests of the consumers against abusive practices, their participation in the
fundamentation and decision-making which concerns them as consumers.
The most important laws are:
Law no. 30 of 1991 regarding commercial companies, republished in
2004,
Law no. 296 of 28 J une 2004 regarding the Consumption Code,
republished in 2008,
Law no. 449 of 2003 regarding product sale and product guarantee,
republished in 2008.

Decrees and Law-Decrees

The most important Decrees and Law-Decrees, which are applicable to
the field of juridical consumer protection in Romania, are:
Decree no. 31 of 1954 regarding natural and juridical persons,
Decree no. 167 of 1958 regarding the extinctive prescription.

Government Decisions and Ordinances

The Government Decisions and Ordinances are normative acts adopted
by the Government. In exceptional cases, the Government can adopt
Emergency Ordinances which would regulate a field, ordinances which
would subsequently be approved by means of a law adopted by the Romanian
Parliament.

26
In the field of the legal consumer protection in Romania, a series of
documents of a normative nature have been adopted:
Emergency Ordinance no. 43 of 2007 of the Romanian Government
regarding the deliberate bringing into the environment and market of
the genetically modified organisms,
Emergency Ordinance no. 34 of 2000 of the Romanian Government
reading the ecological agricultural food products,
Romanian Government Ordinance no. 21 of 1992 regarding consumer
protection, republished in 2008,
Romanian Government Decision no. 189 of 2002 regarding the
establishment of the procedure for granting the ecological label,
Romanian Government Decision no. 329 of 2001 regarding the
import and marketing of used products.

Other normative documents, subject to the law

These can be formal juridical sources for the institution of the juridical
consumer protection if they contain juridical norms from this domain.
They are the acts adopted by different public administration central
authorities (instructions, regulations, etc.), and acts adopted by the public
administration local authorities (local council decisions, mayors
dispositions, etc.). In the field of the juridical consumer protection, a series of
documents with a normative nature have been adopted:
Order of the National Authority for the Consumer Protection no. 448
of 2009,
Order of the Ministry of Environment and Water Management no. 55
of 2007 related to the establishment of the National Registry of
Information regarding the genetic modifications in the genetically
modified organisms, and sending the information to the European
Commission.

27
2.2. European sources of law
The community normative documents which are applicable in Romania
once Romania has adhered to the European Union are also part of the sources
of the juridical consumer protection institution in Romania. Such documents
are:
Regulations no. 271 of the Commission of 2010 to modify
Regulations (CE) no. 889/2008 establishing the application norms of
Regulations (CE) no. 834/2007 of the Council, regarding the logo of
the European Union for the ecological production,
Council Regulations no. 834 of 2007 regarding the ecological
production and labeling of the ecological products,
Regulations CE 1946 of the Parliament and Council of 2003
regarding the transboundary movements of GMOs,
Regulations of the European Parliament and Council no. 1980 of
2000 regarding the revised community system of granting the
community ecological label,
Directive no. 18 of 2001 of the European Parliament and Council
regarding the deliberate dissemination of the genetically modified
organisms, and annulment of Directive 90/220/CEE of the Council.
The regulations are applied to all persons entering their application
scope.
1
The regulations create subjective rights in the favor of private
persons, citizens of the member states, both natural and legal persons. As
compared to the regulations, the directives have an obligatory power only for
each member state, to which they appeal to regarding the outcome to be
attained. These community normative documents (directives) cannot be

1
Fuerea A.: Drept comunitar european. Partea general. (European community law.
General part) Editura All Beck, Bucureti. 2003, p. 108.

28
invoked in the relations between private persons but only against a member
state to which they are addressed, as they cannot impose obligations to the
persons, as regulations can.
3. Informal juridical sources of
the juridical consumer protection in Romania
Besides the formal juridical sources, there are other juridical sources
called informal or real (customs, doctrine, extrajudicial practice) which are,
in general, disputed in Romania.

Morals or social cohabitation rules

Morals include all human behavioral rules.
As compared to the law system the totality of social behavior norms,
which when needed are implemented by state coercion force morals are the
law proximal type.
In most cases, the legally regulated rules coincide with morals.
1
So,
morals are not a distinct juridical source but a derived juridical source to the
extent to which it is included in the law.
For example: the situations in which a person feels morally obliged to
execute an obligation (even if the law does not impose that obligation and
that person is free to make a choice). But once that obligation is voluntarily
executed, law intervenes so that the work can no longer be restored to the
person who did it, and acted driven by conscience (this is the natural
obligation).

1
Abbott K., Pendlebury N., Wardman K.: Business Law. 7
th
Edition, Editure Continium,
London. 2002, p. 13.

29

Tradition or customs
(land tradition, juridical usage)

This is a behavior rule established in time by the social life practice, rule
which tends to become a law rule. It manifests itself in an instinctive and
non-intentional form.
Customs must include two elements:
a material element, i.e. a behavior with a certain frequency, habitude,
a psychological element, which implies a behavior perceived as
obligatory by the public opinion.
The custom has features similar to the law:
- it is expressed in a general and impersonal form,
- it has a particular notoriety,
- it can have an obligatory nature, as the case may be.
For these reasons, certain authors
1
claim that the custom must be a
juridical source in Romania (a secondary and accessory juridical source, as
compared to the law, which remains the essential juridical source).
The Romanian Law can anytime supress a custom for opportunity
reasons, when the law considers that the custom is badly established.

1
2000, pp. 26 et seq.

30

Jurisprudence (judicial practice)

J urisprudence means the totality of juridical solutions included in the
judiciary authority decisions.
J urisprudence is not an actual juridical source in Romania, but only a
derivate, interpretative and partly creative source. The particularity of the
jurisprudence is that the judicial instances are not obligated to align
themselves to a crystallized jurisprudence. But, in fact, in most cases, the
juridical instances comply with such a judicial practice, even if those
solutions are based on conviction, imitation or fear for the fact that the
decision might be canceled by the superior instances.
De lege lata (in conformity with the existing legislation in force), the
judicial precedent is not and it cannot be a source of the juridical consumer
protection institution in Romania. It influences the interpretation and correct
application of the norms which are included in the normative acts. Thus, the
judicial precedent offers a possibility for the legislator to perfect his
creation.
1

Doctrine (the law science)

The doctrine represents the works written by the specialists who explain,
comment and interpret the juridical norms.
Although the doctrine is not an actual juridical source in Romania, it
elaborates the juridical interpretation norms, and creates, in most cases, the
vocabulary and juridical notions.

1
Popa V. V.: Drept civil. Partea general. Persoanele. (Civil law. General part. The
subjects) Editura All Beck, Bucureti. 2005, p. 27.

31
The doctrine often influences the legislator who simply takes doctrine
tendencies and incorporates them into laws.
As the judicial precedent, at present, the juridical doctrine is not
permitted to elaborate laws in the Romanian legislation. Doctrine is not and it
cannot be a source of the juridical consumer protection institution in
Romania, but it has a great influence upon the legislative powers, when it is
created by reputed authors.
1

J urisprudence and doctrine are considered to be indirect juridical sources
in the Romanian law system, because even if they have no competence to
establish obligatory norms, they can deliver solutions or formulate ideas,
which impose themselves by their persuasion power, and whose violation or
neglection can entail, for example, the judicial decision annulment by the
superior authority for the wrong application of law.
2

1
subjects) Editura All Beck, Bucureti. 2005, pp. 28 et seq.
2
2000, pp. 29 et seq.

32
CHAPTER III
APPLICATION AND INTERPRETATION OF
THE CONSUMER PROTECTION LAW
IN ROMANIA
1. Application of law
We consider, as the specialized literature in Romania
1
in the private law
field, that laws simultaneously operate in three respects:
during the time when laws follow each other (application of law in
time),
on a certain territory on which laws coexist (application of law in
space),
regarding certain subjects, called law recipients, having specific
subject categories to which laws apply (application of law to
persons).
1.1. Application of the consumer protection law in time
Law, including the consumer protection law, is applied under these three
aspects while it is in force.
In time, laws have their own life, between the moment of their coming
into force and the moment when they are no longer in force.
1

1
pp. 49 et seq.

33
The consumer protection law, adopted by the Romanian Parliament,
comes into force either on the day of its publication in the Official J ournal, or
on the day mentioned in the law content (if the law specifically mentions a
certain date).
By the fact that the consumer protection law comes into force, it becomes
obligatory; an absolute presumption of knowing the law is applied, a
presumption which is applied to all persons, irrespective of their citizenships
(nemo censetur legem ingnorare nobody is considered unknowledgeable
regarding the law). This means that nobody can avoid the application of the
law for reasons of not knowing the law.
The consumer protection law is no longer valid when it is abrogated; its
abrogation can be explicit or implicit. The express abrogation implies the
specification within the new law of the old law, which is no longer valid. On
the other hand, the implicit abrogation is incident when the new civil law is
incompatible with the dispositions of the old law.
The coming out of the effect of the law can also be accomplished by
means of the procedure called falling into disuse. The disuse implies that the
law has not been applied for a long time or that there have been changes in
the circumstances which motivated that particular law. But the juridical
literature in Romania
2
does not acknowledge disuse (or rational abrogation)
as a way of coming out of the effect of the law, especially in the field of the
juridical protection of the consumers rights, a relatively new field in the
juridical domain.

1
2000, pp. 30 et seq.
2
p. 49; Ungureanu O.: Drept civil. Introducere. (Civil law. Introduction) Editura All Beck,
Bucureti. 2000, p. 32.

34
From the point of view of the law application in time, the new law can
have immediate effects (operating, thus, at present), retroactive effects
(applying also over the past), or ultra-active effects (applying also over the
future, to certain juridical facts or situations occurring after the law has been
abrogated).

Law Retroactivity Consumer protection law Law Ultra-activity

Past Present Future

Figure no. 5

In the domain of the law application in time, the following principles are
valid
1
:
1. The principle of the law non-retroactivity means that the new law is
only applied to the juridical situations occurring after the law has come into
force (the new law is not applied to juridical facts or acts which have
occurred before it has come into force).
2. The principle of the immediate application of the new law means that
the new law must immediately be applied to all facts which have occurred
after its coming into force, but also to all future facts (all that happens under
the new law must submit to it).
If the occurrence of a juridical situation means the accumulation of
circumstances or elements which take place successively in time, then the act
creating the respective juridical situation shall be considered to be valid only
according to the law in force at the latest moment of its successive creation.

1
2000, pp. 33 et seq.

35
1.2. Applying the consumer protection law in space
Solving the law conflict in space is made depending on the conflictual
norms adopted by each state.
An example of law conflicts in space: the case of a Danish citizen who
purchases a TV set manufactured in Italy, but sold by a trader from Romania.
The conflictual norms in Romania are stipulated by Law no. 105 of 1992
(the regulation of the international private law juridical relations). The
Romanian Parliament has adopted a new civil code, law no. 287 of year
2009, which shall come in force on a date which shall be established in the
implementation law of this code, a law which has not been adopted yet. Law
no. 287 of year 2009, the new civil code, shall regulate the subject matter of
the private international law.
1.3. Application of the consumer protection law to persons
The fundamental principle which regulates the application of the law to
persons is the principle of the subjects equality to the law.
According to the category of subjects to which it is applied, we can speak
about three law categories:
Laws with general application vocation. For example: the Civil Code,
Decree no. 31 of 1954 regarding natural and juridical persons.
Laws with the application vocation only for natural persons. For
example: The Consumption Code, Law no. 449 of 2003 regarding
product sale and related guarantees.
Laws with the application vocation only to juridical persons. For
example: Law no. 31 of 1990 regarding commercial societies, Law

36
no. 15 of 1990 regarding the reorganisation of the economic units as
self-governed companies and commercial companies.
2. Interpretation of the law
A law cannot be read like a short novel. The juridical text must be
deciphered, interpreted (in most cases).
1

To interpret a law means to determine the exact meaning and sense.
2
In
other words, the interpretation of the consumer protection law means the
logical-rational operation of explanation, explanation of the juridical norms
content and sense, aiming at its just application, by correctly framing various
situations from everyday life into their own hypotheses.
3

The interpretation is a stage in the process of law application. It is the
necessary operation for the correct framing of a practical case into the law
hypothesis which stipulates it, which is not always an easy thing.
The civil law interpretation can be classified depending on the authority
performing the interpretation of the law and the result which is obtained.
According to the authority which performs the law interpretation, the
interpretation can be:
A. Official interpretation: this is performed by a state authority,
abilitated to make this interpretation.
B. Authentic interpretation: this is performed by the authority that has
adopted the norm which is subject to interpretation. For example:
Parliament, Government, etc.

1
2000, pp. 38 et seq.
2
subjects) Editura Dacia Europa Nova, Lugoj. 2001, pp. 33 et seq.
3
pp. 53 et seq.

37
C. Legal interpretation: this is performed by a certain state authority
which has been empowered by the law to interpret the laws. For
example: before 1989, the State Council.
D. J udiciary interpretation: this is performed by the judiciary
authorities when the norm is applied to practical juridical situations,
when the litigations subject to the competent authorities are solved.
Unlike the other two types of official interpretations, the judiciary
interpretation is not obligatory.
E. Unofficial interpretation (doctrinal): this is performed by the persons
who do not have the official quality of the state authority, thus not
having an obligatory force. For example: the interpretation
performed by specialists professors, researchers in their
scientific studies, the interpretation performed by lawyers in their
pleading or written conclusions.
According to the results, the interpretation can be:
1. Literal (strict) interpretation: in this interpretation, the legal text shall
strictly be applied to the situations which the legislator has had in
mind (determined by the phrases used in the text). An example: Art.
6 stipulates the fact that the provisions included in this Code are
mandatory for all the consumers and economic operators performing
trade acts and facts, according to the law. Interpreting this text, the
conclusion is: it applies to all consumers and economic operators in
Romania, with no exception, which means a strict or literal
interpretation.
2. Extensive interpretation: which means that the area of the juridical
situations to which the law is applied is extended, as compared to the
area which seems to result from the terms used by the legislator.
This means that the juridical norm does not cover all the situations

38
which (in the legislators intention) should be covered. Extensive
interpretation is inadmissible: when the law includes a limitative
enumeration, when the law expressly restrains a norm application to
a practical situation, when the law establishes an exception from the
general rule.
3. Restrictive interpretation: which means that the area of juridical
situations for which the law is applied is restricted as compared to
the area which seems to result from the terms used by the legislator.
An example of restrictive interpretation: item 13 of the Annex of the
Consumption Code - the consumer term is defined as any natural
person or group of natural persons constituted in joint ventures,
which operates for purposes outside their commercial, industrial or
production activity, hand-made or liberal. In the literal sense of the
word, the consumer term includes, especially in the specialized
economics literature, both natural persons (individual consumers),
and legal persons (organizational consumers).
Interpretation methods that can be used in the Romanian law system shall
further be presented.
a. Grammatical interpretation is performed using the meaning of the
words used by the legislator, and the way they are placed and connected in
the sentence. It implies a morphological and syntactic analysis of the text.
Sometimes, certain words have a specific meaning in the juridical
language, different to the usual meaning from the literary or everyday
language.
An example: in a strict sense, third person means the third, but in the
private law system, third person refers to all others except the contractual
parts (or except the real right holder). The grammatical interpretation also
implies an analysis of the connection between words in a sentence or clause.

39
b. Logical interpretation is performed according to certain national rules
called arguments (interpretation procedures and sayings used by the
interpreters of the law systems). The most widespread arguments are further
presented.
b.1. A pari argument (analogical) states that the reasons are the same, the
same law must be applied, respectively the same solution found. Analogical
argument must cumulate the following conditions in order to operate:
the social relation must not be stipulated expressly by the law,
that particular relation must have some similarity with the juridical
relation, regulated by the norm which will be applied using analogy
(cannot be considered a comparison based on intuition only).
There are two kinds of analogies:
analogy of laws (analogia legis): when the completion of the laws
lacunas are covered using a civil juridical norm,
analogy of law systems (analogia juris): when the same thing is done
using the principles of the civil law.
b2. Using the a fortiori argument, we can extend a norm application from
a case stipulated in a law or principle, to a case not expressly stipulated. This
is because the reasons which determined the norm adoption can be used a lot
more in that practical case. The A fortiori argument is expressed into the
Latin adage qui potest plus, potest minus (who can more, can less).
b3. The per a contrario argument emphasizes the logical rule: when
something is stated, the contrary is negated (qui dicit de uno, negat de
altero). So, if a legal stipulation regulates some particular aspects, it is
understood that that legal stipulation negates the contrary aspect and vice
versa: if the legal text negates one aspect, it means that it affirms the
contrary.

40
This argument must carefully be used: the laws silence regarding a
solution cannot always lead to the conclusion that the adoption of the
contrary solution was aimed at.
b4. The reductio ad absurdum supposes that a certain solution is possible
rationally speaking; the contrary solution is absurd and so it cannot be
accepted.
b5. The ab eodem argument (the argument of equivalent form) supposes
the following situation: although a form stipulated by the law was not
observed, this non-compliance with this form is covered if another equivalent
form was used. The law system considers the forms that attain the same goal
as equivalent.
The application of the logical interpretation of the law must be limited
strictly to the situation when the contradiction between the letter of the law
and the spirit of the law is obvious.
Systematic interpretation focuses on the place of the norm, which
must be interpreted in the law context (in chapters, sections, titles
etc.) or in the entire legislation context (interpretation is done
according to the general or special character of the law, the civil or
commercial character of the law etc.).
Historical interpretation is concerned with the social-historical
conditions in which a law was adopted, preparation operations,
parliamentary amendments and discussions which took place before
the law was adopted, and other.
Teleological interpretation has the aim envisaged by the legislator in
the adoption of that particular norm. This aims at finding the text
significance (which has to be as close as possible to the legislators
presumed intention).

41
Structuralist interpretation implies an analysis of the legal text on the
whole. This is an explanation of the general spirit of the law, taking
into consideration the frequency of using a word, the arrangements
of words in clauses and sentences, the connection between two
terms, legal dispositions symmetry or asymmetry etc.
In the process of interpreting the law, the interpreter must have a more
active and creative position, attitude that can give him the possibility to find
an appropriate solution in cases of law lacuna or ambiguity. He cannot
deviate from the text because our law system does not allow the judge to
create a law rule in an arbitrary way.
The interpretation methods cannot be used in a separate way, but
together, or, sometimes, it is possible to use only a part of them.

42
CHAPTER IV
CIVIL AND COMMERCIAL ASPECTS OF
THE JURIDICAL RELATION BETWEEN THE
CONSUMER AND THE TRADER IN ROMANIA
1. The terms of civil juridical relation
and commercial law juridical relation
While living together, people establish relations. The social relations can
be the attribute of regulating several domains. Thus, the moral relations are
driven by the rules of ethics, while the confessional relations are driven by
the religious normativity. The social relations, in which the society is mostly
interested, are regulated by the law, and thus the social relations become
juridical relations. Therefore, the civil juridical relation is a species of the
juridical relation, and governs the matter of the social relations phenomenon
which is subject to the civil law.
The civil juridical relation is defined by the specialized juridical literature
in Romania,
1
as a patrimonial social or non-patrimonial personal relation,
which is regulated by the civil law norm. Thus, the personal (non-
patrimonial) relations and the patrimonial relations regulated by civil law
norms are civil juridical relations. These are, for instance, property relations,
obligation relations, succession relations, etc.

1

43
We consider that we can define the juridical relation between the
consumer and the trader as a social patrimonial relation or non-patrimonial
personal, which is regulated by the consumers protection norm, which is
established between the subjects of this juridical relation.

Regulates
behavior norm

Social relation between

Figure no. 6

Before analysing the elements of the civil juridical relation, we consider
that the features of the civil law juridical relation must be enumerated:
a) The civil juridical relation is a social relation, i.e. a relation between
individuals, not a relation between a person and a thing. Any right
implies a relation between people; it cannot exist outside the social
relations.
b) The civil juridical relation has a volitional nature, i.e. the civil law
act is determined by the will of the civil subject.
c) The civil juridical relation implies the legal equality of the parties,
which is an application of the equality in front of the law principle in
the civil law field.
J uridical
norm
J uridical relation
Consumer Trader

44
These features, we believe, are also applied in the case of the juridical
relation belonging to the juridical consumer protection institution.
The source of the concrete juridical relation is defined
1
as being a
circumstance (act or fact) to which the civil law associates the occurrence of
a concrete civil juridical relation. The act or fact which is the source of a
concrete civil juridical relation is also the source of the subjective civil rights
forming the content of the respective juridical relation.
As it can be seen in figure no. 7, also the source of the actual juridical
source between the consumer and the trader is a circumstance, act or fact to
which the law connects the emergence of this actual juridical relation.

regulates determines

social relation

J uridical J uridical J uridical J uridical
possibility duty possibility duty

Figure no. 7

For instance, a relation between a consumer and a trader regarding the
granting of the guarantee in the case of a purchased laptop is determined by
the fact that that laptop has got defective. A source of this relation belonging
to the juridical consumer protection relation is the actual deterioration of the
laptop, previously purchased by the consumer.

1
Boroi G.: Drept civil. Partea general. Persoanele. (Civil law. General part. The subjects)
Editura All Beck, Bucureti. 2001, pp. 41 et seq.
J uridical
norm
Source of the
juridical
relation
- Acts
- Facts
Trader
Consumers
right
Consumers
obligation
Traders
right
Juridical relation
Consumer
Traders
obligation

45
The sources of the concrete civil juridical relations can be classified
depending on a series of criteria. We consider that also the actual juridical
relations belonging to the consumer protection juridical institution can be
subject to the same classification criteria.
1. Depending on their dependence of independence of the human will,
the sources of the juridical relations belonging to the consumer protection
juridical institution can be divided into:
1.a. Human deeds: (comissive or omissive) performed by the legal
subjects belonging to the consumer protection juridical institution
with or without the intention of producing legal effects. The law
associates to them the occurrence, modification or termination of
concrete juridical relations belonging to the consumer protection
juridical institution. This category comprises both the voluntary
(wanted) actions or inactions, and the involuntary (unwanted) ones.
Depending on their being compliant with the law or not, we
distinguish the licit and illicit deeds.
1.b. Natural deeds (events): they are the circumstances which occur
irrespective of the mans will, and to which the law associates the
occurrence of juridical relations.
2. Depending on their range, we distinguish between the broad-sense
legal fact (human deeds performed with or without the intention of producing
legal effects, and natural facts), and the legal fact in a restricted sense (human
deeds performed without the intention of producing legal effects, but
produced on the grounds of the law, and natural facts).
3. Depending on their structure, the sources of the concrete juridical
relations belonging to the consumer protection juridical institution are simple
(broad-sense legal facts whose structure is made up of one single element
which creates through itself the concrete juridical relation), and complex

46
(legal facts whose structure is made up of several elements producing valid
legal effects only if all of them are united, either successively, or
concomitantly).
4. Depending on the subjective civil rights they create: we distinguish
between sources of patrimonial rights (which are divided into ways of
acquiring real rights and sources of obligations), and sources of non-
patrimonial personal rights.
Thus, the consumer protection juridical institution includes both juridical
patrimonial relations, and personal juridical non-patrimonial relations. The
difference, highlighted in figure no. 8, between a juridical patrimonial
relation and a personal juridical non-patrimonial relation is that in the first
case the juridical relation can be evaluated in money. An example of
patrimonial juridical relation regards the purchase of a TV set by a consumer,
from a trader.
The non-patrimonial personal juridical relation cannot be evaluated in
money. An example of non-patrimonial personal juridical relation regards the
consumers right not to have his health endangered by theproduct purchased
from the trader.

behavior norm
regulates

social relation

Figure no. 8

J uridical
norm
Juridical relation
patrimonial
can be evaluated in
money
personal nepatrimonial
can be evaluated in
money

47
As any juridical relation, the one regarding the juridical consumer
protection domain has three constitutive elements
1
: parties, content, object.
2. Structure of the juridical relation
between the consumer and the trader
2.1. Parties of the juridical relation
The subject of the juridical relation belonging to the consumer protection
juridical institution can be defined as the person who has the attribute of
being the holder of the rights and obligations creating the content of the
juridical relation belonging to the consumer protection juridical institution.
They are subjects, individuals or legal entities among which a juridical
relation belonging to the consumer protection juridical institution is created,
and have, one towards the other, either subjective rights, or civil obligations
correlated to these rights.
The person acquiring or exerting subjective rights is an active subject
(creditor in the obligation juridical relations), while the person who has the
obligations is a passive subject (debtor in the obligation juridical relations).
Usually, each party of the juridical relation belonging to the consumer
protection juridical institution is both an active subject (holder of certain
rights), and a passive holder (having certain obligations). Generally, the civil
rights and obligations are correlative (the right of a party tallies with a
correlative obligation of the other party).
There are two subjects in the juridical relation belonging to the consumer
protection juridical institution: an active one and a passive one. There are
however relations in which several persons can be active (or passive)

1
2000, pp. 48 et seq.

48
subjects. In these cases, the correlative rights and obligations are divided
between the active or passive subjects. Sometimes however, they are not
divided.
In this sense: if two consumers buy an apartment from a trader, the seller
is obliged to hand over the entire apartment to any of them; he cannot hand
over to each of the buyers a half of the apartment.
We witness here indivisibility (both the obligation, and the correlative
right are indivisible).
The rights and obligations are not divided into several active or passive
subjects, not even in case of solidarity (when either the law, or the will of the
parties imposes the obligation to be executed / the right to be exerted
undividedly, by any of the debtors, or in the favour of any of the solidary
creditors).
For instance: if several persons commit together an illicit and culpable
deed a manufacturer and, then, a trader sell a product which endangers a
consumers health and thus cause damage to another person the consumer
who has purchased the product gets ill , the authors of the deed are solidarily
responsible to the victim. This means that the victim, the consumer, can claim
and receive the entire compensation from any of the co-doers, manufacturer
or trader. The one who completely indemnifies the victim can then recover
(by regress action) from the other co-debtors the part incumbent on each of
them for bearing the obligation to repair the damage they have done together.
The civil capacity to use the civil law subjects is defined as the general
disposition to have civil rights and obligations (the disposition to be a civil
law subject, and thus be included into civil juridical relations). It is
acknowledged by law to all individuals, with no discrimination.

49
The civil usage capacity is general (it comprises all the subjective rights
and all the civil obligations acknowledged by the objective law), and it is
equal for all individuals. Nobody can be restricted in their usage capacity (as
a law subject), except for the cases and conditions expressly provided by the
law.
The civil usage capacity of the individuals starts when the persons are
born and ends when the persons die.
The civil usage capacity of the human being starts when the person is
conceived (on condition that the person is born alive) in the case of acquiring
rights (but not assuming obligations).
As for the legal entities, the civil usage capacity occurs when the legal
entity is established (or acknowledged, authorized, registered), and ends
when it is annulled (or it stops existing by merging, division, dissolving).
This capacity is not however general and equal (as with the individuals) but,
according to the principle of speciality of the usage capacity of the legal
entities, each such person has the capacity to acquire only those rights and
assume those obligations corresponding to his/her purpose provided by the
law, setting up document or statute.
The civil exercise capacity of the civil law subjects is defined as the
capacity of the persons to acquire rights and assume obligations by way of
their own legal acts. If all individuals have their usage capacity
acknowledged by the law, based on the simple fact that they exist as human
beings, not all individuals have the exercise capacity, only those who have a
conscious will, who have the power of discernment of their deeds (only they
can comprehend the consequences of their deeds producing legal effects).
The rule is the following: the individuals acquire the full exercise civil
capacity when becoming of age (18 years old), an age at which the legislator
implies that they have a conscious will and have the discernment to evaluate

50
the importance and consequences of the legal acts they perform. Exception:
the persons under age who get married acquire, through this fact itself, the
full exercise capacity.
Until 14 years old, the persons under age are completely deprived of the
exercise capacity, as the law presumes they possess no discernment. As they
have the usage capacity, they can become holders of rights and obligations
but the legal acts from which these derive, must be concluded, on behalf of
the person under age, by his legal representatives.
The persons under age who have turned 14 years old acquire a restricted
exercise civil capacity (with the previous agreement of their parents or tutor
who, according to the law, provides their protection).
As a rule, the exercise capacity acquired at the becoming of age lasts the
entire duration of life, and ends (as the usage capacity) only when the person
dies.
As an exception to the rule, the law provides that also the persons of age
can sometimes be deprived of the exercise capacity: when, because of
suffering from mental alienation or mental debility (being deprived of
discernment, conscious will), are laid under an interdiction by a legal
decision.
As for the consumers use capacity and exercise capacity, we consider
that this is not relevant in the field of the juridical consumer protection
institution. Also, we consider that the special restrictive regulations related to
the asset purchase should be complied with, i.e. the trader should check the
fulfillment of the restrictive conditions provided by the special legislation
regarding certain assets.
The legal entities exert their rights and assume their obligations through
their organs (through the individuals entrusted with the management of the
respective legal entities according to the law, setting up document or statute).

51
The trader, involved in the juridical relation belonging to the juridical
consumer protection institution, must comply with the legal conditions
regarding the capacity of the legal person.
2.2.1. Traders, general characters
The subjects of the commercial juridical relation can be traders or non-
traders, according to the Romanian Commercial Code. The Romanian
Commercial Code is based on the objective system.
1
Its regulations are
applied to any person who performs objective commercial facts, which are
stipulated by the Commercial Code in Article 3. That way, the priority is the
character of performed facts, not the condition that the person who performed
it has or has not the quality of a trader.
A condition for a person to become a trader is for that person to perform
commercial facts of professional character (Article 7 Commercial Code).
Article 4 Commercial Code stipulates the following: once the quality of a
trader is acquired, all acts and operations made by this person are presumed
to be commercial.
Although the subjects of the commercial juridical relation are traders or
non-traders, the commercial activities are performed, in general, by the
traders.
Also, the trader is one of the subjects of the relation belonging to the
juridical consumer protection institution.

1
revizuit i adugit. Editura Universul Juridic, Bucureti. 2007, pp. 65-426.

52
The commercial juridical doctrine
1
defines the trader as any person
natural or juridical who performs a commercial activity, i.e. performs
commercial facts of professional character.
Because the commercial activity includes the activity that products goods
and services and the circulation activity (distribution) of goods, the trader
notion is a generic notion. This notion means that any person natural or
juridical performs, in a professional manner, a commercial activity, no
matter what its object might be.
Article 7 Commercial Code divides traders in two categories: natural
person traders (individual traders) and Commercial companies (collective
traders). But these categories are not the only ones. Article 1 align (2) from
Law no. 26/1990, republished in 2008, includes self-governed companies and
cooperative organizations. Law no. 161/2003 regulates a new category of
traders: economic interest groups.
Smaller traders have a special situation.

Traders, natural persons

Natural persons who perform commercial facts of professional character
have the quality of traders.
The Commercial Code defines the natural person trader not by his/her
affiliation to a certain professional group, but by the acts and operations
commercial facts he/she performs in a professional manner.
Natural persons can perform economic activities in an individual manner
or can create familial associations.

1

53
The familial association is started at the initiative of a natural person and
is formed by this persons family members: husband, wife and children up to
16 years, and the relatives up to the 4
th
grade.
The familial association is an associative form with no juridical
personality. It is represented in relations to third parties by the person who
has the initiative to form that familial association or by the person mandated
based on a certified proxy.
Natural persons and familial associations can perform economic
activities in all domains, jobs and occupations, except for those which are
regulated by special laws. The natural person and the familial association
must have the administrative authorization and the registration certificate,
which are issued under the condition stipulated by Emergency Ordinance
no. 44 of 2008 regarding the development of economic activities by the self-
employed persons, individual enterprises and family enterprises.

Commercial companies

The juridical regime of the commercial company was regulated, initially,
only by the Commercial Code. But, in 1990 these stipulations were replaced,
in general, by stipulations included in Law no. 31/1990, republished in 2004,
regarding commercial companies. Additionally, for commercial companies
which operate in certain activity areas, a special legislation (in bank area,
insurance area) was adopted. But the general legislation regarding
commercial companies and the special legislation regarding certain
commercial categories of companies are completed by the Commercial Code
and the Civil Code stipulations.

54
The civil society was defined, by the specialized juridical literature in
Romania
1
, as a contract according to which two or more persons (associates)
understand to put in common certain goods in order to perform together a
certain activity, having the purpose to obtain and divide the resulting benefits.
The commercial company was defined, by the specialized juridical
literature in Romania
2
as a group of persons constituted, based on a company
contract and benefiting from juridical personality, in which the associates
understand to put in common certain goods, in order to perform certain
commercial facts, with the purpose to obtain and divide the resulting profit.
Regarding commercial companies, the Commercial Code just stipulates
that they have the quality of a trader. Commercial companies are
acknowledged to have the quality of a trader because of their commercial
object.
The commercial companies include the commercial companies organized
in conformity with the conditions stipulated by Law no. 31/1990 and
commercial companies with public capital organized in conformity with Law
no. 15/1990.
Certain commercial companies with public capital, having the object:
activities of national public interest are named national companies or
national associations.
The self-governed companies were created from public economic unities
reorganized in conformity with the conditions stipulated by Law no. 15/1990,
in strategic areas of national economy.

1
2
Idem. p. 156.

55
The self-governed companies perform an activity comparable with the
activity performed by the commercial companies. They are not juridical
persons and they operate based on the economic administration and the
financial autonomy.
The cooperative organizations deal with goods production and goods
distribution, and service provision. The cooperative organizations operate
based on the economic administration and the financial autonomy and they
have a juridical personality.
The economic interest groups are an associative form having the purpose
of helping and developing the economic activities of their members and
improving the results of these activities. Regarding Law no. 161/2003,
economic interest groups have the quality of traders when their object is of
commercial character.
Small traders: Article 34 Commercial Code stipulates: Commercial Code
disposition regarding commercial registers are not applied to packmen,
traders who make small ambulant traffic, carriers or traders whose commerce
is a manual profession.
But the Commercial Code indicates that the volume of operations does
not have relevance for the traders commercial regime. In reality, the
dispositions of Article 34 Commercial Code exclude these traders from a
professional obligation: to have commercial registers. This exception is
determined by the small volume of commercial operations and is conceived
to be a measure of protection for traders who, in general, do not have
adequate knowledge to keep the commercial registers imposed by law.

56
2.1.2. Consumers
The consumer is legally
1
defined as any individual or group of
individuals organised in associations, which buy, purchase, use or consume
products outside their professional or commercial activities.
The volume of community and internal legislation on the protection of
this subject of the relations belonging to the consumer protection legal entity
indicates a significant importance given to consumers of goods and
commercial services, both at community level and internally.
2

Consumer protection is a concept representing the totality of provisions
related to public or private initiative intended to ensure and continuously
improve the observance of consumers or users interests.
3
Consumer
movements are active in consumer protection field.
Consumerism is a social movement that aims to make the traders pay
higher attention to consumers needs and desires.
4
The trader category
includes producers as they perform commercial activities as well.
Consumerism originates in United States of America at the beginning of
1900 and related to the scandals occurred at that moment in food and
pharmaceutical industries. The second consumers movement, in the 30s,
related to a scandal in the pharmaceutical industry as well. The third
consumers movement started in the 60s when the better educated
consumers were discontent with the activity of American institutions.

1
Law no. 449 of 12.11.2003 on selling products and their guarantees, art. 2, letter a.
2
Murean L.: Etic i responsabilitate social n marketing. Aspecte economice i juridice.
(Ethics and social responsibility in marketing. Economic and juridical aspects) Editura C.H.
Beck, 2010, pp. 20-40
3
Patriche D.: Protecie a consumatorului. (Consumer protection) n Florescu C., Mlcomete
P., Pop N. Al. (coordonatori): Marketing. Dicionar explicativ. Editura Economic, Bucureti.
2003, p. 579.
4
Patriche D.: Consumerism. n Florescu C., Mlcomete P., Pop N. Al. (coordonatori):
Marketing. Dicionar explicativ. Editura Economic, Bucureti. 2003, p. 169.

57
American companies were accused of practices that were unethical and
damaging for consumers. Consumers rights originate in Consumer Bill of
Rights defined by American president J . F. Kennedy, on March 15
th
, 1962, as
a special message addressed to USA Congress. The main categories of
Consumers rights included in that bill were: the right to safety and the rights
to be informed, the right to choose, and the right to be heard. The American
Congress investigated certain industries and proposed consumer protection
legislation.
1
Since then numerous au consumer organisations have been set
up and a series of consumer protection laws have been adopted. The
consumerist movement has evolved globally, in terms of territory, and has
become very strong in Europe.
Consumer associations are legal organisation forms specific to
consumers, non-governmental and non-profit, aiming to defend the legitimate
rights and interests of their members and/or of general consumers in front of
authorities and companies.
2
The consumer associations are referred to as
consumerist as well. Along with other central and local public bodies
responsible for consumer protection, they watch observance of consumers
fundamental rights.
Depending on the activity field criterion, the following associations can
be identified: consumers local associations organised at the level of a
consuming area, looking for concrete objectives, consumers national
associations performing activities at country level and consumers
international associations. An example of consumers international

1
Patriche D.: Drepturi ale consumatorului, ale utilizatorului. (Consumer, user rights) n
Florescu C., Mlcomete P., Pop N. Al. (coordonatori): Marketing. Dicionar explicativ. Editura
Economic, Bucureti. 2003, p. 221.
2
Drguin M.: Asociaii ale consumatorilor. (Consumer Associations) n Florescu C.,
Mlcomete P., Pop N. Al. (coordonatori): Marketing. Dicionar explicativ. Editura Economic,
Bucureti. 2003, pp. 68-69.

58
association is the International Organization of Consumers Unions, grouping
associations in over 40 states.
Economic literature
1
considers that in consumer protection field,
consumers do not have only rights, but the obligation to protect themselves.
The obligation to protect consumers is not only a task of public and private
bodies.
Both national legislations and international documents consider
consumer protection an issue for state power, which must intervene in order
to rectify the imbalance between contracting parties: the company (benefiting
from employees with legal background) and the consumer.
2

In consumer protection field both private and public bodies are active. In
Romania, the public, central and local bodies are the County Consumer
Protection Committee (CPC) organised at county level the National
Authority for Consumer Protection (ANPC) organised rat central level.
Consumers fundamental rights fall into the following categories: rights
related to safety in consumption, rights related to choosing products and
services, rights related to consumers information, rights for being educated,
rights for being indemnified and rights for being represented.
The Decision no. 284 of March 11
th
, 2009 on A.N.P.C.
3
organisation and
operation provides that the National Authority for Consumer Protection,
hereinafter referred to as Authority, is a specialised body of the central public
administration, with legal personality, subordinated to the Government and
coordinated by the Ministry of Small and Medium Enterprises, Trade and
Business Environment.

1
Kotler Ph., Wong V., Saunders J ., Armstrong G.: Principles of Marketing. Fourth european
edition. Pretice Hall, Harlow. 2005, pp. 183-190.
2
Diaconescu M.: Cadrul juridic al marketingului. (The legal framework for marketing) n
Florescu C., Mlcomete P., Pop N. Al. (coordonatori): Marketing. Dicionar explicativ. Editura
Economic, Bucureti. 2003, p. 95.
3
Published in the Official J ournal no. 182 of March 24
th
, 2009.

59
The National Authority for Consumer Protection coordinates and
develops the Government strategy and policy for consumer protection, acts to
prevent and fight against practices that prejudice consumers life, health,
security and economic interests.
The most important objectives of A.N.P.C. are:
making state activity efficient as regards consumers direct and
indirect protection by market research, informing and educating
consumers and strengthening decision ability;
stimulating individual and associative self-protection ability, so as it
becomes the main protection way;
protecting consumers against incorrect commercial practices and
promoting good commercial practices.
Art. 3 of Decision no. 284/2009 set the most important categories of
responsibilities of the National Authority for Consumer Protection. We
hereinafter present these responsibilities in theory.
The most important of ANPC responsibilities relates to the activity to
inform, offer consultancy and educate consumers; editing specialised
publications in consumer protection field. The National Authority for
Consumer Protection is legally bound to perform activities to educate and
inform not only consumers, but companies as well in their relationship with
own customers, providing to companies specialised consultancy related to
consumer protection.
The National Authority for Consumer Protection, together with other
bodies of the central and local specialised public administration with
responsibilities in the field and with consumers non-governmental bodies
participate in the development of the strategy in consumer protection field,
providing its correlation with the one existing in the European Union.

60
ANPC has legislative responsibilities as well, proposing for the
Government to adopt and approving draft normative documents in consumer
protection field; but developing as well together with other specialised
bodies of public administration procedures, conditions and collaboration
way in performing consumer protection activity. The Authority ensures the
harmonization of the national legislative framework with the regulations in
the European Union in consumer protection field.
1

The responsibilities of this administrative body extend in executive field
as well:
evaluates the market effects of the systems to survey products and
services intended for consumers,
controls observance of legal provisions related to consumer
protection, security of products and services as well as to defeating
consumers legitimate rights.
ascertains contraventions and orders measures to limit the
consequences of producing, providing, importing, trading or offering
for free certain food or non-food products and services that do not
correlate with legal provisions, by applying contravention sanctions
provided by law and draws criminal prosecution bodies attention
whenever it ascertains breaches of legal law,
controls whether the weighing devices used in the market are
accompanied by documents provided by law certify their check from
metrological point of view,
draws the attention of decision factors and operators involved in the
quality certification systems for products and services, based on own
ascertainment and on information received from non-governmental

1
Murean L.: Etic i responsabilitate social n domeniul marketingului. (Ethics and social
responsibility in marketing domain) Tez de doctorat (PhD thesis) Universitatea Transilvania
din Braov. 2010.

61
bodies and consumers, related to the non-conformities of the
products and services intended for population consumption as
compared to certification documents and proposes improvement or
development of regulations in the field,
performs analyses and tests in laboratories certified according to the
law or in own or agreed laboratories;
develops or finances studies, comparative tests and research in the
field related to the quality of products and services intended for
consumers, about which it informs the public.
As compared to the old regulation of ANPC, this governmental decision
assigns certain responsibilities in correlation with certain jurisdictional
aspects, supporting the set up of mediation bodies in consumer protection
field.
Art. 7 of Decision no. 284/2009 sets forth that A.N.P.C. has 12 regional
committees for consumer protection subordinated, as bodies with legal
personality, whose organization structure includes county offices for
consumer protection and the Bucharest Committee for Consumer Protection
as entities without legal personality.
2.2. Content of juridical relation
The content of the juridical relations belonging to the juridical consumer
protection institution includes all subjective rights and obligations of its parts
(subjects).
1
That means active subject rights and passive subject obligations,
parts of juridical relation. In other words, the elements of the content of
juridical relations belonging to the juridical consumer protection institution
are: subjective right and correlative obligation.

1
p. 73.

62

social relation

J uridical J uridical J uridical J uridical
possibility duty possibility duty

Figure no. 9

The rights and obligations are characterized by an interdependent
connection (each subjective right is connected to a civil obligation, and each
civil obligation is connected to a subjective right of other part).
For example: in a sale and purchase contract, the seller/trader has the
right to pretend and get the price of the sold good. For this right there is a
correlative obligation for the buyer/consumer to pay that price. But, the seller
has the obligation to transmit to the buyer/consumer the property of sold
good, and the buyer has the correlative right to get the property of that good.
The content of juridical relations belonging to the juridical consumer
protection institution can be seen from two points of view of those two
subjects: for the active subject content of civil juridical relation include the
rights and for the passive subject same content include the obligations.
Contents of the juridical
relation
Trader
Consumers
right
Consumers
obligation
Traders
right
Juridical relation
Consumer
Traders
obligation

63
In all cases for every subjective right there is a correlative obligation
(there is no right without correlative obligation).
The subjective right is defined
1
as a possibility of the owner (active
subject) to have a certain behavior, guaranteed by the law, with the capacity
to pretend from the passive subject a certain correspondent behavior (which
can be imposed, if it is necessary, by the constrain force of state).
2.3. Object of the juridical relation
The 3
rd
structural element of each juridical relation belonging to the
juridical consumer protection institution is the object of the juridical relation.
2

The object of the civil juridical relation is
3
the action or non-action
(abstaining) to which the active subject is entitled and to which the passive
subject is obliged (i.e. the conduct or behavior of the juridical relation
subjects).
The object must not be confused with the content of juridical relation
belonging to the juridical consumer protection institution. The content means
subjects rights and obligations (juridical possibilities and juridical debts to
pretend and to fulfill certain actions or non-actions). The object means these
actions and non-actions which can be pretended by the active subject, and
which must be fulfilled by the passive subject.

1
2000, p. 56.
2
Idem. p. 75.
3
Editura All Beck, Bucureti. 2001, p. 71.

64
Goods

In the case of patrimonial juridical relations belonging to the juridical
consumer protection institution (the parties conduct refers to things, i.e.
goods) goods are perceived as forming the derivate object of the juridical
relation.
The thing means
1
all is positioned in nature being perceived through our
senses (having a material existence). In the Romanian law, things become
goods because of the advantages they offer to people.
For a thing to become a good, in the juridical sense, it is necessary to be
useful for the human, to have an economical value and to be susceptible to be
appropriated (to be taken into possession), in form of rights getting into a
patrimony (belonging to a natural person or to a juridical person).

Social relation

Conduct of subject 1 Conduct of subject 2

Figure no. 10

1
2000, pp. 76 et seq.
Good
/asset
Derived object of the juridical relation
J uridical relation
Consumer Trader
Action/inaction
of the consumeri
Action/inaction
of the trader

65
The classification of goods has, according to the Romanian private law
system, a special signification from theoretical point of view, but especially
in practice, because on one hand it determines the nature of juridical relations
that can be established regarding some goods, and on the other hand, the
juridical regime of different goods categories.
The most important classification of the goods concerns the nature of
goods and the qualification given by the civil law. Depending on this
classification, we can distinguish the following:
A. Immobile goods (unmoving): goods with a stabile foundation (land,
buildings and everything which is built on soil). The buildings are of three
kinds:
A.1. Buildings by their nature, which include:
A.1.1. Lands and buildings,
A.1.2. Windmills and watermills,
A.1.3. Harvests which have roots and fruits on trees (when harvests
are cut and fruits are picked up they become mobile).
A.2. Buildings by their destination: which are mobile goods by their
nature, but are considered fictive because they are designated to be
accessories to the exploitation of a building:
A.2.1. Objects designated for agricultural, industrial or commercial
services and exploitation (animals, ploughing instruments,
instruments necessary for plants and factories, etc.).
A.2.2. Mobile objects standing on a ground with perpetual
affectation (statuettes in niches, ornaments fixed in walls etc.).
A.2.3. Any other mobile goods put on the ground by their owners
for the utility and exploitation of this ground (on condition that
the ground owner is also the mobile good owner).

66
A.3. Immobile by the object to which they are applied: this group
includes, in an artificial manner, all the rights related to unmoving
goods (real immovable rights, immovable debts and real immovable
actions).
B. Mobile goods (moving): goods with no stable foundation, being
susceptible to be moved from a place to another, by them or by another force
(animals, things separated from soil, debts, incorporable goods). Mobile
goods are divided into three categories:
B.1. Mobiles by their nature: bodies that can be moved from a place to
another place by them or by another force (non-living things).
Living mobiles are only the animals.
B.2. Mobiles by law determination (artificial): all rights which refer to
a mobile thing (all real rights to mobiles, debt rights and justice
actions regarding mobiles, personal non-patrimonial rights
intellectual rights , literary and artistic property, clients of a
trader, etc.)
A.3. Mobiles by anticipation: goods which are immobile by their nature
because their incorporation on soil (harvests which have roots and
fruits on trees) but parties considered that these goods are mobile in
their juridical acts, because of what these goods will become in the
future (harvests and fruits sold before their picking).
The goods subject to the relation belonging to the consumer protection
legal institution fall into the same categories.
Another classification of goods relates to the possibility to conclude civil
legal documents related to certain goods. We consider that goods, subject to
the relation belonging to the consumer protection legal institution, must be
part of the civil circuit. To that purpose, this classification is useful in the
field of the consumer protection legal institution. Depending on the

67
possibility to conclude civil legal documents related to certain goods, we
distinguish among:
A. Goods taken out from the civil circuit: goods that cannot be subject of
legal documents among persons alive or for death cause (goods that can be
only public property objects).
B. Goods part of the civil circuit: all other goods for which individuals
and legal entities can conclude civil legal documents. The goods in the civil
circuit civil can fall into subcategories:
B.1. Goods whose circulation is free: that cannot be obtained or
transferred by any person.
B.2. Goods whose circulation is restricted: either as related to the
subjects entitled to obtain or to transfer them, or related to the
conditions to conclude legal documents (weapons and
ammunition subject to Law no. 295 din 2004 related to their
regimen).
The next classification of goods, being important for consumer legal
protection, related to the way to determine goods in:
A. Goods determined by individual features (res certa): things that by
their specific features are different from similar goods, giving them a certain
individuality. Frequently goods determined individually are nonpareils
(manuscript of a work, a picture, a sculpture), and the ones that can be
individualized by their particular features: a house identified by locality,
street, number.
B. Goods determined by generic features (res genera): thinks considered
by common features of their entire category and that subsequently
individualize by counting, measuring, weighing (money, cereals, fuels etc.).

68
legal institution can be classified depending on the fact that the usual usage of
goods implies or not their consummation of transfer at the first use, in:
A. Consumptible goods: goods that cannot be used, according to their
usual destination, without having their substance consumed or without being
transferred at their first use (foods, fuel, money etc.).
B. Non-consumptible goods: goods that can be continuously used
without using by this their substance or involving transfer (pieces of land,
buildings, furniture, clothes etc.).
Depending on the fact that goods can or cannot be divided without
changing their destination, we can make distinction between:
A. Divisible goods: goods susceptible to be divided, without having their
destination changed by this operation.
B. Indivisible goods: goods that cannot be divided without having their
destination changed.
Depending on the correlation among goods, we can make distinction
between:
A. Main goods: those goods which, having an independent use, are not
intended to serve for using other goods.
B. Accessory goods: those goods that cannot be useful than by means of
other things they are intimately connected to (boxes for musical instruments,
over-cover of a book, keys for the locking device, pump for the bicycle, rows
for the boat).
Depending on the legal regimen of goods, we can make distinction
between:
A. Simple goods: those goods that form an indivisible unit and that are
naturally subject to a homogenous legal regimen (gold, an empty piece of
land, a pearl etc.). This simplicity extends as well over goods that if

69
separated, are formed by concrete elements (a building, a picture: made of
cloth, oil, paint).
B. Composed goods: are made of various and distinct elements for which
there is an interest to be sometimes associated or sometimes dissociated
(universalities in fact, incorporeal properties etc).
Depending on the fact the goods produce or not fruit, we can make
distinction among:
A. Frugifer goods: goods capable to produce fruit without consuming
their substance. Fruits represent all that goods produce periodically without
consuming their substance, different from products that involve substance
consumption and have periodicity character (marble in a quarry, wood
extracted from a forest etc.). We can make distinction among three categories
of fruit:
A.1. Natural fruit: those products that goods give without any
human intervention (grass grown on an uncultivated piece of
land, animal breeding, hunting or mushrooms in a forest).
A.2. Industrial fruit: those products obtained following human
activity (crop produced on the agricultural field).
A.3. Civil fruit: equivalent in money or in other things of using
goods (rent fees, interests, lease fees etc).
B. Non-frugifer goods goods that do not generate any income, referred
to as sterile goods (jewellery, golden tablets etc.).
legal institution can be classified depending on the way the goods are
perceived, in:
A. Corporeal goods: goods that have material existence, being perceived
by human senses. They are the ones that can be seen and that we can touch,
can be dominated in fact, can be possessed. For the legal notion of corporeal

70
goods it is indifferent whether the goods are solid, liquid or gas. All things
around us are corporeal goods.
B. Incorporeal goods: goods that have no material existence (body,
substance), that lack tangible stuff, such as rights. For example: copyright
that means author faculty to exclusively exploit his/her work; apart from
heirs, only he/she has this right. Although the author will benefit from
copyrights materialized in a money amount (corporeal goods) the actual right
does not identify with the amount of money received. The copyright or the
prerogative or the faculty he/she has over the work is an abstract thing
(incorporeal).
Goods subject to the transaction between belonging to the consumer
protection legal institution can be classified depending on all classifications
presented above. The goods and their classification are not provided in the
consumer protection special legislation or in the commercial legislation. In
this case common law as regards private law is applies; the provisions in
force of the Romanian civil law are applied.

71
CHAPTER V
CIVIL AND COMMERCIAL ASPECTS
REGARDING THE JURIDICAL ACT
CONCLUDED BETWEEN THE CONSUMER
AND THE TRADER
1. Notion and classification of the civil juridical act
and the commercial juridical act
The creativity and proliferation of the civil juridical relation take place
through a juridical act. The juridical act is clearly differentiated from other
human conducts (actions). The person who performs a civil juridical act is
connected through his exteriorized will (intention) to the other persons whose
juridical situations are dependent in relation to this manifested attitude.
The consumer who performs a judicial act is connected through his will
exteriorized to the others whose juridical situations are dependent in relation
to this manifested attitude.
The majority of the civil juridical relations have their sources in the
juridical acts, the contract being a classical example.
1
The general regulations
regarding the juridical act and contract are applied in the commercial law,
regarding the commercial contracts. The general regulations regarding the
civil juridical act, the civil contracts and the commercial contracts are applied
in the field of the juridical consumer protection, because there are no special
regulations regarding these fields. The special legislation regulating the

1

72
juridical consumer protection in Romania includes legal dispositions
regarding the special condition of the consumer, inferior to his contractual
partner: the trader; the rules regarding the juridical act, the contract
concluded between them shall be subject to the norms of the Romanian
commercial law system and norms of the Romanian civil law system.
Although the juridical act is a fundamental institution of the civil law
system, it has no legal definition. The Romanian juridical doctrine has the
duty to issue an adequate and complex definition for the civil juridical act.
The majority of authors define the civil juridical act as a will
manifestation made with the intention to produce juridical effects, to create,
to modify or to extinguish a certain civil juridical relation.
1

We consider that the juridical act concluded by the consumer is the will
manifestation performed with the intention of producing juridical effects, i.e.
create, modify or extinguish an actual juridical relation belonging to the
juridical consumer protection institution.
If the external motivation for acknowledging the validity of the juridical
act is stipulated in the law, an internal motivation is, no doubt, also in the
idea of trust (the third parties must be able to rely on the fact that what was
said when a civil juridical act was completed, will be observed). An
exception in this case is represented by the will (the testament), which is
valid even if nobody else, but the testator knows about it.
2
But the
acknowledgment of the civil juridical act validity must be searched first in
the will autonomy principle, which establishes that each person can decide
freely to complete a certain juridical act, with a certain person and with
certain content.

1
p. 118.
2
2000, pp. 96 et seq.

73
Of course, the will autonomy principle is also applied in the consumers
case.
The civil juridical act is made up of a series of relevant juridical
situations and at least one exteriorized will to which the law connects certain
juridical results. The kernel of the civil juridical act is that exteriorized will
directed to produce juridical effects.
When that expressed will is missing, we do not talk about a civil juridical
act.
In order for a civil juridical act to exist, beside the juridical will, juridical
effects are necessary to be produced. These juridical effects consist in
creating, changing or extinguishing a certain civil juridical relation, which is
the specific difference between the civil juridical act and other juridical acts
belonging to other law system branches.
Also in the case of the juridical act concluded by the consumer, in order
for it to exist, it is required to express the juridical will together with
producing juridical effects.
The juridical terminology uses the expression civil juridical act in two
different senses: on the one hand, it means juridical operation (negotium), and
on the other hand, it means proving document, for proving that operation
(instrumentum). These senses must not be confused.
This way, in the consumer protection field, when we talk about a sale and
purchase contract, concluded between a consumer and a trader, it means the
operation itself (negotium), the sale, or it means the document that
demonstrates this selling (instrumentum) edited and signed by the consumer
and trader.

74
The classification of the civil juridical acts can be done according to
many criteria.
1
Taking into account the fact that in the consumer protection
field these aspects have not received special regulation, the common law in
this field shall be applied: the institution of the civil juridical act.
According to the number of parties whose juridical will participates in
the completion of an act (or the necessity that for the producing juridical
effects the will manifestation of a person or several will manifestations might
be needed), the civil juridical acts can be:
1. Unilateral civil juridical acts: the result of a single juridical will. They
are valid if completed by a single person. For example: the will (testament)
through which the testator designates, in a unilateral way, the person who
will be his legatee after the testators death, the person who will receive the
testators patrimony. The legacy means the disposition within a will
(testament) through which a testator leaves a liberality to his heirs, indicated
by him. The legatee is the person who receives legacy through heredity.
A civil juridical act (in which a single will is expressed) must not be
confused with an unilateral contract (as any other convention, it implies the
agreement among two or more wills, but just a single part is obliged to the
other party).
2. Bilateral civil juridical acts: the civil juridical acts completed by the
will agreement between two different parties (each party can include one or
more persons). The will manifestation of every party is named consent.
Bilateral civil juridical acts are named contracts or conventions. The civil
juridical act is bilateral or synalagmatic when the parties are obliged one to
another. This means that, at the same time, a party has the quality as creditor
and the quality as debtor.

1
2000, pp. 97 et seq.

75
This way, in a sale and purchase contract the seller/trader has the quality
of a creditor (the right to receive the price) and the quality of a debtor (the
obligation to deliver the sold good); and the buyer/consumer has the quality
of a debtor (the obligation to pay the price) and the quality of a creditor (the
right to receive the purchased good).
The civil juridical acts which are applicable in the field of the juridical
consumer protection are, most of them, bilateral juridical acts concluded by a
consumer and a trader.
3. Multilateral civil juridical acts (collective): those civil juridical acts
completed by the will of many parties. We can distinguish two species:
On the one hand, collective unilateral acts: include a bunch of identical
wills, of unilateral will declarations. For example: the decisions made by the
general assembly from a company or acts which constitute a union, an
association.
On the other hand, collective conventions: as the contract, are based on a
will agreement. For example, work collective contracts which are agreements
between the persons who represent employees and the persons who represent
employers for regulating the conditions of the work contract.
In the field of the consumer protection, we can also encounter
multilateral juridical acts concluded by a trader with several consumers.
According to the purpose aimed at by parties in completing these acts,
the civil juridical acts with patrimonial content are divided into:
1. Civil juridical acts with onerous title: civil juridical acts in which the
party which gives something to the other party aims, in exchange, at a
patrimonial result for him also. In this way, through the civil juridical act

76
with onerous title every party has an interest and gets something from the
other party in exchange of what he gives.
1.1. Commutative civil juridical acts: civil juridical acts in which
the parties know or can know, at the moment of completing
these acts, about the existence and the expansion of his rights
and obligations, which are regarded as equivalent from the value
point of view. For example: in a sale and purchase contract, the
seller knows exactly the sum which he will get, the price, and
the buyer knows exactly what goods he will receive in exchange
for that price, both parties consider that the price is value
corresponds to the good (that their services are mutual and
equivalent), as far as the value is concerned.
1.2. Random civil juridical acts: civil juridical acts in which the
existence and the expansion of obligations (at least for one
party) depend on an uncertain element (named alea, meaning
hazard). The parties have in mind the possibility to win or the
risk to lose at the moment of completing the act (for example:
insurance contract, lottery, etc.)
The civil juridical acts which are applicable within the juridical consumer
protection institution are, most of them, juridical acts with an onerous title,
because the trader, subject of the juridical relation belonging to the juridical
consumer protection institution, is always interested in obtaining a profit.
2. Civil juridical acts with gratuitous title: civil juridical acts in which the
party, who gives something to the other party, does not aim at obtaining
anything in exchange. For example: donation in which getting the ownership

77
of an asset is made without any counter-performance; the donor gets poorer;
the gratificant gets richer.
2.1. Liberalities: civil juridical acts in which one party transmits to
the other party, with gratuitous title, a good or a fraction of his
patrimony, or even all his patrimony (for example: donations,
legacies).
2.2. Disinterested acts: civil juridical acts in which one party
transmits to the other part a service, with gratuitous title, without
influencing his own patrimony (for example: the loan, the
gratuitous mandate etc.). In this situation, a person transmits to
the other gratuitous advantages, without enjoying his goods.
This advantage can consist in a use (loan for gratuitous use), in a
non-refunding credit (a bail) or in a non-refunding service
(deposit, gratuitous mandate).
Considering the time when civil legal documents are to produce effects,
they can be:
1. Civil legal documents among people alive (inter vivos): civil legal
documents intended by their essence to produce effects during parties life
(even if sometimes their effects can extend as well after parties death by
active successoral transfer of rights or by passive successoral transfer of
obligations included in the successoral patrimony).
2. Civil legal documents for death cause (mortis causa): civil legal
documents intended by their essence to produce effects only after partys
death (testament, donation of future goods, life insurance).
Most of the civil legal documents that have applicability within the
consumer protection legal institution are civil legal documents among people
alive as both the consumer and the trader, subjects of the legal relation
belonging to the consumer protection legal institution are alive when the

78
contract is concluded. As an exception, certain aspects of sales, such as using
the guarantee, can be transferred to the consumers heirs, at the same time
with the property over goods purchased from various traders, that have
legally (or contractually) provided obligations as regards the guarantee of the
sold goods.
Depending on the type and nature of the effects they produce, civil legal
documents, as well as documents concluded among consumers can be:
1. Civil legal documents constitutive of civil rights: civil legal documents
by means of which legal relations are created among parties containing
correlative rights and obligations that are generated in this way, as they did
not previously exist (document to constitute a usufruct right, acquisition of a
new car etc.).
2. Civil legal documents transferring civil rights: civil legal documents
by which certain rights are transmitted from the patrimony of one party into
the patrimony of the other party (sale-purchase contract).
3. Civil legal documents declarative of civil rights: civil legal documents
by which parties recognise, confirm, definitive or consolidate certain rights
that existed before concluding the document. The legal effects of the
declarative documents are retroactive, they go into the past up to the moment
the legal relation that initially generated those rights is set up (sale-purchase
contract with deadline, transaction etc.).
Depending on the importance or the seriousness of certain civil legal
documents present as related to the patrimony of the person that concludes
them, the civil legal documents can be:
1. Preservation civil legal documents: civil legal documents intended to
keep certain rights in the patrimony of the person, consolidation and
prevention against their loss. Such documents involve expenses much lower
than the value of the rights or of the goods whose salvation is intended; they

79
offer only utilities and involve minimum vigilance. Example: interruption of
a prescription to prevent loss of a right because of a long time period when it
was not used. Practically, the creditor reclaiming in justice the payment of
what it is owed to him/her interrupts in this way the prescription of his/her
outstanding debt.
2. Administration civil legal documents: civil legal documents by which
it is intended to value, to normally use and exploit goods or a patrimony,
without losing (transferring) it. This type of civil legal documents is used to
fructify the patrimony goods and involve their normal and current
management. For example: To rent a building for less than 5 years, to cash
the invoices of the owed amounts.
3. Disposition civil legal documents: civil legal documents whose result
is to have goods out of the patrimony of the party concluding the document
without an intention to replace (sell) or to entail it with actual tasks (setting
up a mortgage). Renouncing a right is also a disposition document. Sale-
purchase could be an example. By this operation, the trader transfers the
property over the purchased goods to the purchasing consumer.
The civil legal documents applicable in the field of consumer legal
protection are disposition legal documents, as the consumer, subject to the
relation belonging to the consumer protection legal institution, receives the
purchased goods, which exit the traders patrimony and enters his/her
patrimony.
Depending on the requirements of valid forming of the civil legal
document, the civil legal documents, as well as documents concluded among
consumers, can be:
1. Consensual civil legal documents: civil legal documents that can be
validly concluded by simple parties will, no matter its materialization.
Romanian law is dominated by consensualism principle (Art. 971 Romania

80
Civil Code); according to this principle, the legal document is valid and
produces effects as soon as the parties agreed for its conclusion.
2. Solemn (formal) civil legal documents: civil legal documents whose
validity is conditioned by the parties expressing their agreement in a certain
solemn form requested by law ad validitatem or ad solemnitatem (acquisition
of a car, acquisition of a piece of land etc.).
3. Actual civil legal documents: civil legal documents for whose valid
conclusion, along with parties consent, it is necessary to actually submit the
thing the document refers to (traditio rei) (goods transport contracts, sale-
purchase contract for corporeal goods etc.).
Depending on the role of the parties will for setting the content of the
legal relation they generate, either a civil legal relation or a legal relation
belonging to the consumer protection legal institution, we can distinguish
among:
1. Subjective (ordinary) civil legal documents: civil legal documents
where the parties freely establish themselves the content of the legal relation
connecting them, determining their mutual rights and obligations. The parties
the legal effects the document must produce (price, quality, guarantee etc.).
The civil law is dominated by the principle of freedom to conclude civil legal
documents (or the principle of contractual freedom, the principle of will
autonomy etc.). Most of civil legal documents are subjective legal
documents.
2. Condition civil legal documents: civil legal documents by which
parties materialize their will to conclude the document and to obey in this
way the legal rules that form a certain legal institution, with a pre-established
content, without being possible to modify these rules or to derogate from
them. An example of condition document is the acquisition of an internet

81
provision service. Once the contract concluded, the consumer must obey all
imperative rules imperative dictated by the regulator for using the internet.
3. Adhesion civil legal documents (adhesion contracts): occupy an
intermediary position (they are half way) between subjective legal documents
and condition documents. When a consumer concludes a contract with a big
company, the latter imposes their will. Negotiation is out of the question, as
well as a discussion from will to will: the stronger imposes their will and the
little one can conclude the contract or not. This is why the regulator has a
tendency to protect the solitary contractor (consumer) and free competition.
Depending on the correlations among civil legal documents, or the
documents concluded by the consumer, as regards their relative importance,
we can distinguish between:
1. Main civil legal documents: civil legal documents that have their
independent legal existence and their faith does not depend on another legal
document. Most of civil legal documents are independent documents.
2. Accessory civil legal documents: civil legal documents that do not
have their independent legal existence and depend on another main legal
document (gage contract, mortgage contract, penal clause etc.).
Depending on their strict dependency or independence from the cause
element, we can distinguish between:
1. Causal legal documents: legal document whose validity necessary
involves the validity of their cause (purpose) so as if the document has an
illicit, immoral or fictive cause, the legal document shall be null. Most of
civil legal documents or the documents belonging to the consumer protection
legal institution are casual documents.

82
2. Abstract legal documents: civil legal documents whose validity is
detached from cause validity, being appreciated only depending on the other
structural elements (or validity conditions): consent, capacity and object (the
shares of companies, the bonds issued by banking companies etc.).
They can be applied to civil legal documents and to legal documents
concluded by consumers with traders, a series of other classifications, such as
the following classification:
1. Civil legal documents with execution in one piece (uno ictu): civil
legal documents that are executed by conducting only one conscription.
2. Civil legal documents with successive execution: civil legal documents
that are executed either by several successive conscriptions (selling with
payment in instalments, payment of monthly instalments when credit is taken
from a banking company), or by continuous conscription.
2. Conditions of the juridical act
The conditions of the civil juridical act are the components which can
and must be included in the structure of the civil juridical act, the elements
which form the civil juridical act.
1
These components are necessary for that
juridical act to be valid and to produce juridical effects.
Similarly, the conditions of the juridical act concluded between a
consumer and a trader are the components which can or must be include the
structure of the juridical act belonging to the institution of the juridical
consumer protection. These components, elements of which the juridical act
is made up of in the field of the juridical consumer protection, are required in
order for the juridical act to be valid and produce juridical effects.

1
Editura All Beck, Bucureti. 2001, p. 151.

83
The Civil Code, in force in Romania, is referring strictly to conventions
and contracts, but it is generally admitted in the juridical literature in
Romania
1
that the stipulations of Art. 948 can be applied to all civil juridical
acts, no matter if they are unilateral or bilateral.
Art. 948 of the Romanian Civil Code stipulate:
The essential conditions for the validity of a convention are: the
capacity to contract, the valid consent of the obliged part, a determined
object, a legal cause.
2.1. Capacity to perfect a juridical act
The capacity to complete civil juridical acts is that civil juridical acts
fond, essential and general condition that consists in civil law system
subjects ability to become rights and civil obligations titular, after the civil
juridical acts are completed.
Domain base: Art. 948 point 1 Cod Civil, Art. 949 Civil Code, Art. 950
Civil Code, Art. 808 Civil Code, Art. 856 Civil Code, Art. 1306 Civil Code,
Family Code and Decree number 31 from 1954.
The person civil capacity includes using capacity and exercise capacity.
Using capacity always attracts the exercise capacity, because nobody can
exercise a right for himself without being that rights titular, no matter of age,
sex, nationality or social condition.
In this domain, the capacity of completing civil juridical acts is the rule,
and the incapacity is the exception. The incapacities must be express and
limitative stipulated within the law, because they are for strict interpretation.

1

84
A correlation between capacity and discernment is important. The
capacity is a law estate and the discernment is a fact estate. A person who has
exercise capacity is presumed to have also the discernment for his facts, this
presumption being relative, because it can be demonstrated otherwise.
For a valid completion of a juridical act, the part or the parties must
dispose by a legal capacity, but also by a natural capacity, which presume
effective existence of discernment at the right moment of civil juridical act
completing. The natural incapacities must always prove in front of a juridical
instance, this is a difference to legal incapacities (stipulated within the law)
which are presumed.
There is the possibility for a person that is declared incapable according
to the law (for example a person who is judicial put under interdiction) to
have discernment in the moment of completing the act, being at a moment of
temporary lucidity. In this case it can not be validated the act which is
complete at that moment of lucidity, the presumption of missing capacity
being absolute and not breakable. Still, it must be specified that we are
referring only to juridical interdicted impossibility to complete juridical acts,
but he can be responsible for his illegal juridical facts if it is proved that he
worked with discernment.
The exception of capacity rule must be express and limitative stipulated
into law, being for strict interpretation and application.
As for the use and exercise capacity of the consumer, we consider the
fact that this is not relevant in the field of the juridical consumer protection.
We consider that the special restrictive regulations should be complied
with, regarding the procurement of assets, i.e. the trader should check the
fulfillment of the restrictive conditions provided by the special legislation
regarding the making of certain assets.

85
2.2. Consent
The consent is the willful expression of the rightful subject to be
connected through the legal act which he consents to (a unilateral expression
of will), i.e. the consent is the exteriorized decision to conclude a certain
legal act.
In order to acquire legal value (in order to be valid), the consent must
meet the following conditions
1
:
1. The consent must be given by a person endowed with discernment.
As the civil legal act is the expression of will made with the intention of
producing legal effects, the person who concludes it must be aware of these
effects, must want them, so the person must have discernment in order to
deliberate while aware.
The natural persons of full age have full legal competence, so they are
presumed to have discernment.
The persons under age between 14 and 18 years old have limited legal
competence, so they are considered to have discernment but as they do not
have the legal life experience, the documents concluded by them must
previously be consented to by their legal guardian.
In the case of the mentally alienated or defective persons, if the document
has been concluded while lucid, it shall be considered valid. Contrarily, the
lack of discernment during the conclusion of the civil act shall have to be
proved.
Some authors
1
distinguish between the legal incapacities (where the
persons under 14 years old and those laid under a legal interdiction are

1
2000, pp. 117 et seq.

86
included), and natural incapacities (where the persons having the legal
competence but are temporarily in the situation in which they do not have the
required discernment: hypnosis, sleepwalking, intoxication, strong anger, etc.
are included).
Of course, the juridical act must be concluded by a person endowed with
judgment, in the field of the juridical consumer protection institution,
judgment is not as relevant as in the civil law system. Moreover, a trader
cannot discriminate in any way in selling products or providing services to
the consumers.
2. The consent must be exteriorized (stated).
In order to become consent, the legal will must be exteriorized. Only the
exteriorized will can make the outer world aware of an activity of the psychic
life. If left on the inside, the real will does not produce legal effects as it
cannot be known by others, and neither can it come into contact with another
will, in order for the will agreement, characteristic to the bilateral and
multilateral acts, to be achieved.
Example: if a consumer has not chosen a product for sale, and has not
paid for it, then he shall not acquire the ownership of that product, even if his
intention of acquiring that product was well-known by those around him.
3. The consent must be expressed with the intention of producing legal
effects.
As the legal act is the expression of will made with the intention of
producing rightful effects, the consent must express the legal commitment of
the author. The will must be expressed, so that the third parties can
understand it as producing legal effects.

1

87
The intention of producing legal effects (as a condition of the consent) is
not met when the expression of will is vague, has been expressed in jest, and
has been made under a purely potestative condition (I bind myself if I want to).
4. The consent should not be altered by any vice of consent.
The expression of will of the parties with the purpose of producing legal
effects (in order to be valid) must not only be initiated by a capable and
conscious person, but this expression of will must also not be altered by
certain vices of consent.
The vices of consent are: error, dishonesty (cunning), and violence, and
for certain civil legal acts and certain natural persons, injury.
In the field of the consumer protection juridical institution, the most
widespread are the first two consent vices error, fraud (slyness). In general,
the situations in which these consent vices occur are regulated by the special
legislation of consumer protection in Romania, and by the normative the
European Union, whose member state is Romania.
2.3. Object of the civil juridical act and
of the juridical act concluded by the consumer
The object of the civil legal act consists
1
in the performance (action or
inaction) which the active subject can claim, and the passive subject is forced
to perform based on the commitment made by concluding the civil legal act.
It can be noticed that the object of civil legal act is identical with the object of
the obligations created by the civil legal act, or the object of the civil juridical
relation whose source is the civil legal act.

1
2000, p. 139.

88

Social relation between

Consumers conduct Traders conduct

Figure no. 11

As it can be seen in Figure no. 11, the object of the juridical act in the
field of the juridical consumer protection is the performance (action or
inaction) which the active subject can claim, and the passive subject is
obliged to perform it based on the commitment assumed by concluding the
juridical act.
The performance of the passive subject can be a positive one
(commissive to give something or to do something) but can also be a
negative one (ommissive not to do something). There are cases in which the
object of the legal act is much more complex, including both positive and
negative performances.
When the action or inaction (performance) refers to a thing (an asset),
this thing is the object of the performance, and indirectly, is the exterior
object which the civil legal act refers to.
1

1
subjects) Editura Dacia Europa Nova, Lugoj. 2001, p. 123.
Object of the
juridical relation
J uridical relation
Consumer
Trader
Action/inaction of the consumer Action/inaction of the trader

89
In order for a civil legal act or a juridical act belonging to the juridical
consumer protection institution to be valid, the object of the legal act must
meet certain conditions
1
:
1. The object must exist. A civil legal act which would not refer to any
performance could not be valid.
Example: If, when selling it, the sold thing has been completely gone, the
sale is null. Thus, if today I, as a trader, am signing a contract with a buyer,
through which I am selling a house in Sighioara, without knowing that
yesterday the house had been destroyed by an earthquake the sale is not valid.
An exception to the rule, according to which the object must exist when
concluding the legal act, is the fact that the future goods can become the
object of a juridical obligation.
Example: in the contract for the provision of computer components, the
commercial company obliges itself to produce in the future and sell to the
beneficiary the computer components which are the object of the contract.
2. The object (the thing to which the performance refers) must be in the
civil circuit. The assets which the law establishes that are not in the civil
circuit cannot be estranged by way of legal acts (cannot form the object of a
valid act).
3. The object must be determined or determinable. The object can be
determined, i.e. individualized, by way of the elements included in the legal
act. The object can also be determinable in the future based on elements
included in the legal act.
An example of a determinable object can be considered a certain asset
(individually determined). Thus, the house in Braov, located in 5,
Brnduelor St., made up of 3 rooms and annexes, registered in the Land

1
2000, pp. 140 et seq.

90
Register no. 2255 Braov under A*1 topographic no. 468, registered under
my name B. S., can be sold.
A generic asset can also be the object of the legal act if its species,
quality and quantity are specified in the contract.
Example: I am selling the 30 kilos of plums stored in silo no. 4 at Fruit
Farm Z.
As for the object (performance) of the other party (in the buy-sell
contract: price), this must be serious and determined by the parties. n civil
law domain, the price can be determined by a third party. For some products,
the prices are mandatorily determined by the state (gasoline, etc.).
4. The object of the legal act must be possible (nobody can oblige
himself to do something impossible). The impossibility must be absolute
(must exist for everybody). The impossibility resulting from the inability of
the debtor or relative causes, is irrelevant.
For instance: the assumed obligation to transport by car merchandise
from Cluj to Bucharest in 2 hours is null, as its object is impossible. The
obligation to transport by car merchandise from Cluj to Bucharest is also
invalid when the person who assumes this obligation cannot drive or does not
own a car.
In the case of the obligation to give a certain thing (individually
determined) the impossibility of the object can only come from the
disappearance of that thing (physical impossibility) or its removal from the
civil circuit (legal impossibility).
In the case of the obligation to give similar things, practically the object
cannot be impossible as long as things of the respective kind exist or can be
produced or procured (genera non perent similar things will not disappear).

91
The impossibility of the object must exist when the legal act is
concluded.
For instance: in 1800, the obligation to go to the Moon was impossible;
nowadays, such an obligation is valid, as its object (assumed performance,
trip to the moon) is technical and legally possible.
5. The object of the legal act must be licit, i.e. it must not be against the
law. The obligation to demolish a building belonging to other persons than
those between which the juridical act is concluded is null as it has an illicit
object.
6. The object of the legal act must consist in a personal fact of the person
who obliges himself (only to the legal acts which imply the performance of a
fact, of an action to give or do). However, the following promise is valid:
to determine somebody else to conclude a legal act because the promisor
obliges himself to a personal fact: to take action in order to convince the third
party to conclude a legal act, but the promised act shall be concluded by that
third party who will become a debtor through his own consent when
concluding the act.
7. Another condition regarding the object of the obligation to give: the
person who obliges himself to give must be holder of the respective right
(only in the case of legal translative or constitutive acts of real rights). For
instance: the case of the seller who must be the owner of the sold asset.

92
2.4. Cause of the juridical act
The cause is defined
1
as the purpose intended by the parties when
concluding the civil legal act.
In the field of the juridical consumer protection, the cause is the purpose
aimed at by the consumer and trader when concluding the juridical act
belonging to the juridical consumer protection institution.
The cause is a psychological legal element which determines the consent,
and explains why the legal act has been concluded.
As it is a component of the legal will (the determinant reason for the
consent), the cause is an element (a validity condition) of the will of each
party. Thus, in contracts, we do not only have one cause but two causes (one
for each party which obliges itself by consenting to the conclusion of the
legal act).
It is more correct to call it the obligation cause than the legal act cause.
Actually, the cause is the representation of the purpose for which it is
consented to the assuming of the obligation (final cause).
The cause comprises two different elements
2
:
a) An abstract, objective and invariable element in the same category of
legal acts. This element consists in the representation of the direct
and immediate purpose of the consent (which is the consideration of
the counter-performance in the onerous synallagmatic contracts,
delivering the thing in the real contracts or the intention of liberality
in the free contracts).

1
2
Ungureanu O.: Drept civil. Introducere. (Civil law. Introduction) Editura All Beck,
Bucureti. 2000, pp. 143 et seq.

93
b) A concrete, subjective and variable element, as the case may be. This
element consists in the mediated purpose of the consent (the main
reason which determined the decision to consent to the conclusion of
the legal act).
For instance: in a buy-sell contract, the immediate purpose of the sellers
consent is obtaining the price (an abstract, objective and invariable purpose,
the same for all the sellers in the world). The mediated purpose of the consent
which concretely explains why the seller has consented to transfer his asset
and cash the price is the concretely intended purpose or the concrete
destination which the seller wishes to give to the amount obtained as a price
(concrete, subjective and variable purpose from a seller to another).
In the onerous legal acts, the determined reason must also have been
known (or could have been known) by the other party, because otherwise its
being sanctioned with bearing the consequences of the cancellation of the
civil act would not be justified.
The prior condition is not required by the free acts, as the dissolution of
the civil legal act does not directly cause damage but only deprives the
gratified cocontractor of a free advantage.
The cause must fulfill certain conditions:
1. The cause must exist.
At Art. 966, the Civil Code stipulates that the obligation without a
cause cannot have any effect.
There is also no cause in the following cases: missing
counterperformance in the synallagmatic contracts, missing submission of the
asset in the real contracts, missing risk in the aleatory acts, missing intention
to gratify in the free acts.
2. The cause must be real, i.e. it should not be false.
3. The cause must be licit. If the mediated, concrete and subjective
purpose is illicit or immoral, this is enough for the legal act to be cancelled.

94
CHAPTER VI
ADMINISTRATIVE LAW ISSUES RELATED TO
LEGAL DOCUMENTS ISSUED BY PUBLIC
AUTHORITIES WITH RESPONSIBILITIES FOR
CONSUMER JURIDICAL PROTECTION

The administrative law norms can regulate social relations occurred
between bodies of public administration and individuals (individuals or legal
entities). In the field of consumer legal protection the County Consumer
Protection Committee (CPC) organised at county level and the National
Authority for Consumer Protection (ANPC) organised at central level
operate.
1. Juridical norms regulating the activity of
consumer protection public authorities
The administrative law norms, including the ones regulating the legal
relations between ANPC or CPC and consumers, as well as the norms
regulating the legal relations between these public authorities and traders,
present a series of specific features.
1

A. The administrative law norms regulate the social relations that occur
among the bodies of public administration for implementing the tasks of the
executive power, as well as between these bodies and individuals (individuals
or legal entities).

1
Priscaru V. I.: Tratat de drept administrativ romn. (Treaty on Romanian administrative
law) Editura Lumina Lex, Bucureti. 2002, pp. 27-44.

95
B. Taking into account the reality that the executive power relates to
most of social relations occurring between bodies of public administration
and individuals (individuals or legal entities), these norms are, according to
their regulation subject, very diversified, from education, health issues up to
army and safeguarding countrys boundaries. In the field of consumer
protection principle application in Romania, we relate to the norms regulating
the relation of ANPC or CPC with consumers or traders.
C. The administrative law norms have a different generality degree.
Thus, one of them are bounding for all citizens, others are bounding for a
large part of citizens, such as consumers or traders, others for a reduced
category of persons, even 2-3 persons or only one person.
D. The administrative law norms except for the ones included in the
Constitution and laws are issued based on and with a view to law
execution. As regards the institution for consumer legal protection, the public
authorities in Romania having legally set responsibilities in this field, survey
and control the application of the Romanian law for consumer protection.
The administrative law norms have been divided by the legal literature in
Romania
1
into several categories, being based on the regulation object
criterion and on the criterion of the sphere for including the norms.
A. Depending on the regulation object, the administrative law norms fall
into the following categories:
A1. Organic norms, the ones regulating the set up, the organization and
the operation of certain specialised bodies of the public central
administration, e.g. Decision no. 284 of March 11
th
, 2009 on
organisation and operation of the National Authority for Consumer

1
Priscaru V. I.: Tratat de drept administrativ romn. (Treaty on Romanian administrative
law) Editura Lumina Lex, Bucureti. 2002, pp. 27-44.

96
Protection published in the Official J ournal no. 182 of March 24
th
,
2009.
A2. Material law norms; those administrative law norms regulating the
rights and obligations of state bodies public administration bodies
and/or of other categories of individuals (individuals or legal
entities), such as Law no. 296 of J une 28
th
, 2004 on Consumption
Code republished in Official J ournal no. 224 din 24.03.2008.
A3. Procedurals law norms, namely the administrative law norms
whose subject is regulation of procedurals norms, taken into account
by certain public administration bodies when performing their
activities.
B. Depending on the sphere for including the norms, we make distinction
among:
B1. General norms with large regulating sphere, ca de such as Law
no. 31 of 1990 on commercial companies, republished in the Official
J ournal no. 1066 of November 17
th
, 2004.
B2. Special norms, those norms regulating a certain group of well
determined social relations, such as Governmental Decision no. 189
of February 28
th
, 2002 on setting the procedure to assign the
ecological label, published in the Official J ournal no. 166 of March
8
th
, 2002.
B3. Exceptional norms are the law norms adopted in exceptional cases
in order to regulate situations exceptionally occurred.
The classification of law norms in terms of their inclusion sphere present
importance for their interpretation and application. Thus, a special or an
exceptional norm can derogate from general norms of the same degree as the
first ones have been adopted or issued in order to regulate a special or an
exceptional situation.

97
2. Juridical relations whose subjects are
consumer protection public authorities
The administrative law relations represent one of the elements of
administrative law. Those social relations occur in realizing the tasks of the
executive power and are regulated by the administrative law legal norms.
The administrative law legal relations are born, modified and disappear
in public administration bodies activity to perform the tanks of the executive
power. The administrative legal relations occur in a large sphere of activity
for the public administration bodies, sphere determined by the concrete
performance of the tasks of an executive power in a state: Thus, in Romania
there are administrative legal relations whose subject is consumer protection.
Administrative legal relations are born, modified or disappear in most of
social activity fields where individuals (individuals or legal entities) are
subject to these legal relations.

Legal relation 2 Legal relation 3

Legal relation 1

Figure no. 12

As seen in Figure no. 12, most legal relations in the consumer legal
protection field, that present administrative law features are set among
administrative bodies operating in this field and consumers or traders. The
first relation to take place, relation on which the next two ones depend, is the
mixed legal relation, regulated by commercial law, between a civil law
ANPC / CPC
Consumer Trader

98
subject consumer and a commercial law subject trader. Under certain
situation, where the legally set consumer rights are breached by the trader,
the next two relations will take place as well, belonging to administrative
law. Thus, the second legal relation will be the one between consumer and
the public authority whose legal obligation is to protect his/her interests. The
third legal relation will take place then the public authority whose legal
obligation is to protect consumers interests and the trader who ignored
consumers interests. As it can be noticed, the two administrative law
relations have an accessory character, the main one being the legal relation
between consumer and trader.
The roots of the administrative legal relation are those legal documents
and facts on whose adoption/issuance or performance/non-performance the
regulator regulates the occurrence, change or disappearance of the legal law
relations. As previously explained, in the consumer protection legal field,
these legal facts are of administrative nature consisting in consumers appeal
to ANPC or CPC.
In consumer protection field a series of administrative relations can be
met, independent from other relations, relations set between consumer and
ANPC or CPC, whose purpose is to educate and inform consumers.

99
3. Documents issued/adopted by administrative authorities
in the consumer protection field
The administrative document is perceived by the legal literature in
Romania
1
as a tool of the process to exercise executive power. Most of
administrative documents represent a rational process to choose one action
direction from a number of possibilities, with a view to fulfilling a certain
objective. In consumer legal protection field, in Romania, the administrative
authorities with responsibilities in the field ANPC and CPC adopt
administrative documents with normative character and aim to optimally
protect the consumer in relation with the producers or traders in Romania.
The public administration represents the activity to be performed by the
public administration authorities with a view to organizing, executing or
directly executing the law norms adopted by the legislative power. The
normative administrative document is adopted by the public authorities
included in the system of the public administration authorities. Both the
National Authority for Consumer Protection and the County Consumer
Protection Committees are part of the system of the Romanian public
administration authorities. The documents issued, mainly by ANPC turn into
execution the normative documents adopted by the Romanian Parliament,
laws that establish the general principles of the consumer legal protection
institution in Romania.
The administrative document is that form of the administrative activity of
the state or of the local community, consisting in express will manifestation,
radiating from a public administration authority in realising the will of the
legislative power and by which rights and obligations are generated, modified

1
Alexandru I.: Administraia public teorii, realiti, perspective. (Public Administration -
theories, facts, perspectives) Editura Lumina Lex, Bucureti. 1999, pp. 479-488.

100
or disappear. By reporting to this definition of the administrative legal
document, the documents issued by ANPC and CPC represent an express
manifestation of will for these authorities central or local in implementing
the will of the executive power of Romania or of European Union by
which rights and obligations in the field of consumer legal protection in
Romania are generated, modified or disappear.
We believe it is important to emphasize that the public authorities with
legally set responsibilities in the field of consumer legal protection in
Romania can issue documents with normative character, similar to the laws
issued by the Romanian Parliament, but, at the same time, they control trader
and producers operating in the markets in Romania in order to check the
observance of normative documents regulating the consumer protection legal
institution.

101

Juridical and economic analysis of the
consumer protection legislation in Romania

102
CHAPTER VII
THE LEGISLATION REGARDING THE
PROTECTION OF THE CONSUMERS OF
FOOD ECOLOGICAL PRODUCTS IN ROMANIA
1. The food ecological products
With regard to the biological agriculture, the cultural biological and
mechanical methods are preferably used in comparison with the synthesis
products. The purpose of the biological agriculture is designing durable,
diversified and balanced systems, providing the protection of the natural
resources and the consumers health.
The community law, and also the Romanian law, distinguishes between
the ecological food and the non-ecological food. Next we will deals with the
ecological food.
In order to be legally commercialized in Romania, food must comply
with the conditions regarding substance, nature and quality required by the
buyer. As for the quality of the food, the retail selling of the food allows a
few opportunities for the consumer. For the food consumer, these
opportunities consist in the ability to obtain attributes of the food he claims.
Food tends to be convenience food, and even though they are not
convenience food, the serving method in the big stores offers detailed and
clear information regarding these products. Consequently, the standards in
relation to food and its labeling are highlighted as key communication
methods between the supplying channels and the end clients.

103
Certain quality attributes in relation to food can be checked in the
consumption process. These quality attributes required by the consumer are:
the sensory attributes, storage quality, affordability and safety. However,
these are not the only food attributes. The quality of the conditions regarding
the distribution of the food, such as food ethics and esthetics, plays a growing
part. These conditions cannot be checked by consuming the product.
However, consumers might find it difficult to trust products whose obvious
attributes are doubtful, under the circumstances in which they are the object
of media activity regarding the ethical standards of the commercial
companies supplying food, and the honesty of the administrative authorities
involved. These attributes are: source of the commercialized food, and its
production process.
As a general principle, the law concerns only the minimum standards and
basis of the public morality, involving a compromise. In the European Union,
Great Britain more precisely, ethics a component of the consumers value
has been brought into the public eye. In the food field, this is expressed by
the difference between reality and theory regarding the protection of the
value through the agency of the label, for instance the quality symbol. This
symbol is used in order to differentiate the products depending on the ethical
production methods. These symbols have been given positive expressions,
negative expressions, or neutrally expressed values. An example regarding
positive expression is the following: the friend of the dolphins tone. An
example regarding negative expression is:not genetically modified. An
example regarding neutrally expressed values is the term organic. The
negative expression, as well as the exaggerated positive expression of a
certain product can be interpreted as a prevention regarding the products of
the competition. The ethical provisions condemn both behaviors of the
above-mentioned commercial companies.

104
The Western Europeans are convinced that the future of agriculture
consists in maintaining a peasantry which would cultivate the land also
through the gustative and ecological quality of their products. Europe
acknowledges slow food, a movement originating from Italy which supports
the excellence of food and its wholesome value. Their opposite, the products
containing genetically modified products, designed by the great multinational
agroalimentary companies are a technical system adapted to an intensive
agriculture.
The European consumers and agriculturists express their wish to develop
a model radically different from the American model. In 2003, the political
Europe adopted the reform of the common agricultural policy, which
abandoned the objective of production growth and seriously considered the
environment protection.
This model tends to acquire an international value, because the world
agricultural issue is not to increase the quantity of products, but to protect the
individual cultivators.
1

The ecological agriculture also called biological agriculture is
considered a cultivation technique which removes the use of fertilizers and
synthesis pesticides, in order to eliminate damaging residues from the animal
and vegetal production, obtaining health-friendly agroalimentary products,
and beneficially acting towards protecting the soils and the phreatic water
from pollution by nitrates, nitrites, etc.
In the ecological/biologic agriculture, fertilizers are replaced by natural
minerals natural phosphates, marine algae, rock dust and compounds
obtained by mixes of vegetal and animal organic matters transformed by
fermentation. The synthesis chemical pesticides are replaced by natural

1
Duu M.: Tratat de dreptul mediului. (Environmental law treaty) Editura C.H. Beck,
Bucureti. 2007, pp. 930-935.

105
products extracted from plants and a few simple industrial products copper
salts, sulphur. However, in the current agricultural system, the biological
agriculture occupies a still modest place: approx. 1% of the useful
agricultural area in France, and 10% in Austria. In Romania, the attempts of
the traders to use the ecological agriculture, for lack of natural products
replacing synthesis chemical pesticides, are inefficient and have rapidly been
abandoned. In order for this type of agriculture biological agriculture to
evolve in Romania as well, natural products replacing the synthesis chemical
pesticides must be brought to market.
1

2. Legal analysis of the harmonization of the
Romanian legislation with the community legislation
in the field of ecological food labeling
Regulation no. 2092 of 24 J une 1991 of the European Union Council
regarding the biological production method of the agricultural products and
their presentation on agricultural products and food suggests a specific
terminology in relation to the languages acknowledged within the European
Union. For instance, the term ecologico is used in Spanish, in English
organic, in French biologique. The Romanian legislation chooses the
name ecological agroalimentary products.
The community document offered a harmonized framework for labeling,
production and control of the agricultural products and food, appropriate for a
biological manufacturing method.
2
Regulation no. 2092 of 24 J une 1991 of
the European Union Council has been modified by Regulation no. 2254 of 27

1
Murean L.: Elemente de dreptul mediului. (Elements regarding environmental law) Editura
Universitii Transilvania din Braov. 2007, pp. 80-81.
2
Duu M.: Principii i instituii comunitare de drept comunitar al mediului. (Principles and
community institutions of community environmental law) Editura Economic, Bucureti. 2005,
p. 322.

106
December 2004 of the European Commission which allowed the protection
of the biological agriculture. The limits of this protection are the guarantee of
the loyal competition conditions between the manufacturers having these
indications, the prevention of anonymity of ecological products on the
market, the provision of transparency during each production and preparation
phase. These limitations in protecting the biological agriculture at the
community level lead to a greater credibility of these products for consumers.
Regulation no. 2092 of 24 J une 1991 of the European Union Council has
been annulled and replaced by the Regulation of the European Union Council
no. 834 of 28 J une 2007 related to the ecological production and labeling of
ecological products.
As mentioned before, the regulation has a direct applicability for all
citizens of the European Union. The Regulation of the European Union
Council no. 834 of 28 J une 2007 must for this reason be observed by the
citizens of the European Union member states, including the commercial
companies performing a commercial activity on the Romanian market.
In Romania, the biological agricultural system is part of the action
against soil and water pollution. In the Romanian law, the ecological
production/agriculture is regulated by Emergency Ordinance no. 34 of 17
April 2000 related to the ecological agroalimentary products, approved by
Law no. 38/2001, modified and completed by Emergency Ordinance
no. 62/2006, approved by Law no. 513/2006.
1
This internal normative
document, Emergency Ordinance no. 34/2000, provides the implementation
of the Regulation of the European Union Council no. 834 of 28 J une 2007
regarding the ecological production and ecological product labeling.

1
Published in the Official J ournal no. 172 of 21 April 2000.

107
The legal community framework regulating the ecological production
sector intends to attain the objective of providing a loyal competition and
adequate operation of an internal market of ecological products, as well as
maintaining and justifying the trust of the consumers in the products labeled
as ecological. For this reason, i.e. the observance of the legal and also moral
rights (because we are considering the consumers trust) of this category of
stakeholders, we believe that the requirements of the corporate social
responsibility are complied with under three aspects: legal, ecological and
ethical.
The European Union member states have the option, by means of their
internal legislation, to apply stricter norms regarding the ecological vegetal
and animal production on condition that these norms are in accordance with
the community law, i.e. they should not forbid or restrict the
commercialization of ecological products outside the territory of the member
state aimed at.
The community legislation applicable to the ecological production plays
a more and more important role within the agricultural policy, and it is
closely connected to the evolution of the agricultural markets.
Art. 1 of the Regulation of the European Union Council no. 834/2007
mentions the purpose of this community document. Thus, providing the bases
for a durable development of the ecological production is first aimed at, an
aspect which combines the economic responsibility (the durable development
implies a commercial activity observing the legal and moral requirements for
the environment protection) with the legal responsibility (reflection of these
aspects in the normative documents in force), the ecological responsibility
and the ethical responsibility (observing the moral norms regarding
environment protection).

108
Secondly, at the community level, the efficient operation of the internal
market and guarantee of a loyal competition are aimed at.
Then, at the community level, a protection of the consumers purchasing
ecological food is aimed at by: providing the consumers trust, and protecting
the consumers interests.
Art. 2 of the Regulation of the European Union Council no. 834/2007
defines the most important terms being used in the biological agriculture
field. The reason for defining these terms consists in clearly stating the
features, activities, or any other constitutive elements of these notions.
Emergency Ordinance no. 34/2000 enumerates the main principles of the
ecological agroalimentary production. The main principles are: eliminating
any polluting technology; economical use of the conventional energetic
resources, and replacing them to a greater extent by rationally using the
reusable secondary products; applying technologies both for plant cultivation,
and animal raising, which would satisfy the requirements of the species,
sorts, and races. All these principles, provided by the internal normative
document, support the requirements of the corporate social responsibility by
taking into account the main categories of external stakeholders: natural
environment and consumers.
The labeling of the ecological products shall be analyzed by presenting
the community stipulations, and then the internal normative stipulations
related to the community stipulations.
The ecological food has a special community legal regime. The products
obtained by means of the biological agriculture are labeled, so as to inform
the buyer that the product or ingredients contained by a product have been
obtained in conformity with ecological production methods.

109
In order to provide clarity for the consumers on the entire community
market, the European Union sigle is mandatory for all pre-wrapped
ecological food produced on the European Community territory. The
community legislation establishes the obligation of the member states to
make possible, by means of the internal legislation adopted by these states,
the voluntary application of the European Union sigle on the ecological
products which are not pre-wrapped, obtained on the Community territory, or
on any ecological products imported from third countries.
The limitation of applying the European Union sigle regards those
products exclusively or mostly including ecological ingredients, in order not
to mislead the consumers about the ecological nature of the entire product.
For this reason, the European Union member states have the obligation to
forbid, in their internal legislation, the use of this sigle when labeling
products during their conversion period, or processed food containing
ecological agricultural ingredients in a proportion smaller than 95%.
The community stipulations provide the fact that processed food can be
labeled as ecological only when all or most of their agricultural ingredients
are ecological. And as an exception, at the internal level, one must set special
labeling instructions for the processed food containing agricultural
ingredients which cannot ecologically be obtained. Thus, such processed food
containing agricultural ingredients which cannot ecologically be obtained are
hunting and fishing products.
In order to inform the consumers, to ensure the transparence of the
market, and to promote the use of ecological ingredients, the community
legislation establishes certain obligations to be fulfilled by the member states.
These obligations regard the inclusion in the internal legislation of the
possibility to mention the ecological production method in the ingredients
list.

110
The labeling is regulated in Title IV of the European Union Regulation
no. 834/2007. A product is considered as bearing terms referring to the
ecological production method if, on the label, advertisements, or commercial
documents, the product in question, its ingredients or raw materials are
described in words suggesting the buyer that these have been obtained
according to the norms applicable to the production, provided by the
community legislation.
It is forbidden to use any terms, including terms used in commercial
brands, or practices used in labeling or promoting which can mislead the
consumer or user by suggesting the fact that a product or its ingredients meet
the exigencies stipulated by the Council Regulation no. 834/2007.
The labeling of the ecological products is regulated in chapter IV of
Emergency Ordinance no. 34/2000. The labeling is made in accordance with
the legal regulations in force, which complete this internal normative
document. These stipulations are part of the normative documents which lay
at the basis of the consumers protection legal institution.
The labels shall include a sigle specific to the controlled ecological
products, registered at the State Office for Inventions and Trademarks. This
sigle shall be issued and applied based on the certification system, indicating
the fact that the respective product is compliant with the ecological
production rules.
Emergency Ordinance no. 34/2000 regards the products obtained and
labeled in order to inform the buyer that the product and/or the ingredients
contained by the product have been obtained in accordance with the
ecological production methods.
Taking into account Romanias integration into the European Union, the
adoption and application of the community regulations regarding the
promotion of the Romanian traditional and ecological products, and the

111
provision of consultancy in the field of protecting the geographical
indications, origin names and guaranteed traditional specialties of the
Romanian traditional products, has determined the establishment of an
administrative organism with attributions in the field of traditional and
ecological Romanian products.
The National Office of Romanian Traditional and Ecological Products
has been established and is regulated by the Government Emergency
Ordinance no. 42 of 16 April 2008.
1
This office meets the need to strictly
monitor the registration, authorization and promotion of the Romanian
traditional and ecological products which shall be commercialized on the
internal market.
The National Office of Romanian Traditional and Ecological Products is
an administrative authority with attributions in the field of consumers
protection and environment protection. It guarantees the consumers a special
quality of the products by means of their origin, composition, and domestic
production method.
The National Office of Romanian Traditional and Ecological Products
has the following main attributions: provides the promotion of the Quality
products concept, as well as the Ecological products concept; provides
technical assistance to the manufacturers or processors when preparing the
documentation, according to the community and national legislation, in order
to request the protection of the geographical indications, origin names and
guaranteed traditional specialties of the Romanian agricultural products or
food, at the national and community level; provides the promotion of the
image of the Romanian traditional and ecological products by means of
communication.

1
Published in the Official J ournal no. 305 of 18 April 2008.

112
Thus, as far as the control of observing the community and internal
stipulations is concerned, an administrative organism with attributions in the
field of the Romanian traditional and ecological products has been
established in Romania. This way, the Romanian legislation performs an
adequate implementation of the community and internal norms in the field of
ecological vegetal and animal production.
As mentioned before, after analyzing the labeling of the ecological food,
the community provisions regarding this category of products are transposed
into the internal normative provisions. Thus, it can be said that the Romanian
law is harmonized with the community law.
As for the possibility of developing this type of agriculture the
biological agriculture in Romania, we believe that the natural products
replacing the synthesis chemical pesticides are necessary on the Romanian
market.
1

1
Murzea C., Murean L.: The protection of the ecological food consumers - a social
responsibility of the commercial companies. in Proceedings of the International Scientific
Conference: Bioatlas, May 27-30, 2009, Braov, published in Journal of EcoAgro Turism
vol. 6 (2010), nr. 3 (20) pp. 149-154.

113
CHAPTER VIII
THE LEGISLATION REGARDING
THE ECOLOGICAL LABEL APPLIED
TO THE NON-FOOD PRODUCTS
AND SERVICES IN ROMANIA,
ELEMENT OF CONSUMER PROTECTION
1. The non-food ecological products and ecological services
In order for the non-food products less affecting the natural environment
to be acknowledged as non-food ecological products, they must ecologically
be labeled. The ecological label practically designates those products which
can determine the diminution of the negative impact on the environment, as
compared to other products of the same products group, without causing
damage to the regulation instructions applicable to products at the community
and national level.
An example of non-food ecological products is the green Wrangler
blue jeans, manufactured by means of environmentally friendly processes.
Even though the production cost is high, after these blue jeans are washed,
they do not pollute the discharged water after being washed, and do not affect
the environment. The advertisement message of these eco-products has been
the following: a small step for man, a giant leap for fish and turtles
1

1
Hawkins D. I., Best R. J ., Coney K. A.: Consumer Behavior. Building Marketing Strategy.
Mc Graw Hill, Boston. 1998, p. 87.

114
An example of ecological services and products recently
provided/commercialized in Romania is the ecological car wash without
using water, as well as the products used for this operation (products also
offered by the Romanian commercial companies). These products are
ecological, and the service performed by the Romanian commercial
companies offers a no-water car wash, eliminating the residues polluting the
soil and the polluted water discharged after the car wash.
1

The rule according to which it is more important to discover than prevent
the ecological problems before they manifest themselves, has determined the
use of the ecological label/mark as a means of promoting the environmentally
friendly products.
The main role of the ecological label is to inform consumers on the
products considered to be less destructive for the environment than other
similar products.
2

The eco-label or ecological label is used by the commercial companies
performing a commercial activity as an instrument of attracting the clientele,
guaranteeing products having a minimum impact upon the environment
during their entire lifetime.
Internationally, there is a great variety of such ecological labels
supported/financed by governments, private groups, or a combination of
them. The ecological labels show the characteristics of the product and the
methods used while manufacturing it.
3

1
Spltorie auto ecologic mobil fr utilizarea apei. http://www.spalatoriefaraapa.ro/spa/
?page_id=2
2
Bucureti. 2007, p. 449.
3
Matsushita M., Schoenbaum T. J ., Mavroidis P. C.: The Word Trade Organization. Law,
Practice and Policy. Oxford University Press, 2003, pp. 471-472.

115
2. The juridical analysis of harmonizing the Romanian
legislation with the community legislation in the field of the
ecological label applied to the non-food ecological products
The ecological label is a method of transmitting information to the
consumer regarding the natural environment, specifying that a product is
environmentally friendlier, as compared to other similar products.
1

In the field of granting ecological labels to wide consumption products
except for food, drinks, and medicines the European Parliament and
Council Regulation no. 1980 of 2000 has been adopted. In 2010, these
regulations have been replaced by the Regulation No 66/2010 of the
European Parliament and of the Council of 25 November 2009
2
which have
introduced the EU ecological labeling system. This European ecological
labeling system has as an objective the reduction of the negative impact of
the consumption and production upon the environment, health, climate and
natural resources.
3
The system is meant to promote those products which
have a high environmental performance level, by means of the use of the
ecological label.
The Regulation No 66/2010 of the European Parliament and of the
Council state the fact that the possibility of using the EU ecological label
should be extended in order to encourage higher environmental performances
in all the fields for which the impact on the environment is a factor in the
choice made by the consumer.
4

1
Gertz R.: Access to Environmental Information and the German Blue Angel Lessons to be
Learned?. European Environmental Law Review volume. 10, October 2004, Blackwell
Publishing, p. 268.
2
Published in the Official J ournal of the European Communities L 27 of 30 J anuary 2001.
3
Point 5 in the Preamble of the Regulation No 66/2010 of the European Parliament and of
the Council.
4
Point 6 in the Preamble of the Regulation No 66/2010 of the European Parliament and of
the Council.

116
In order to harmonize the internal legislation with the community
legislation, Decision no. 189 of 28 February 2002 of the Romanian
Government has also been adopted, a decision which has expressly been
abrogated and replaced by Decision no. 236 of 7 March 2007.
The label can be defined
1
as any written, printed, lithographed, engraved,
or illustrated material, which includes product identification elements, and
accompanies the product, presented for sale, or is applied on its package. The
label can have additional singles or other ecological marks, as well as
advertising elements inscribed or attached, while complying with the
legislation in force. The label is a simple rapid method of informing the
consumers upon the products offered by the manufacturing commercial
companies, and plays an essential role in the commercial activity of several
commercial companies.
The rule according to which it is more important to discover and prevent
the ecological problems before they manifest themselves, has determined the
design of the ecological label/mark. This special type of label ecological
label is a means of promoting the environmentally friendly products. The
main role of the ecological label is to inform the consumers upon the
products considered as being less destructive for the environment than other
similar products.
2
The purpose considered by the ecological labeling is to
encourage the manufacturers to follow the ecological direction.
However, the specialty legal literature
3
suggests the fact that there should
be a balance between the competitive interests of the consumer and the
commercial company which is the owner of the mark. In other words, in the
field of protection offered by the mark to the consumers, each European

1
Mlcomete O.: Etichet. (Label) n Florescu C., Mlcomete P., Pop N. Al. (coordonatori):
2
Bucureti. 2007, pp. 449, 930-935.
3
Rosler H.: The Rationale for European Trade Mark Protection. in European Intellectual
Property Review vol. 29 Issue 3 March 2007, pp. 100-106.

117
Union member state should have a special justification, taking into account
the fact that this protection is an intervention upon the free European market.
In this case, the justification aims at the protection of the natural
environment.
1

The ecological label must include simple, clear, precise information,
based on a scientific research, regarding the important ecological aspects
which are taken into account when granting the label. The ecological label
must also indicate as much information as possible regarding the reasons for
which the label has been granted. This condition finds its practical utility in
the help granted to the consumer, so that he could understand the significance
of granting the label, i.e. to allow the consumers to make a conscious choice.
Establishing the criteria which must be satisfied by the products, in order
for them to be able to have the ecological label based on the best
environmental performances achieved by products to be found on the
community market. These criteria should be easy to understand and apply
and should be based on scientific proofs, taking into account the latest
technological evolutions.
2
In order to simplify the EU ecological labeling
system, and reduce the administrative task related to the use of the EU
ecological label, the evaluation and checking proceedings should be
simplified.
Regulation No 66/2010 of the European Parliament and of the Council
establish the need to inform and make the public sensitive to the EU
ecological label by promotion actions, information and education campaigns
at the local, national and community level, which would allow the consumers
to understand the meaning of the EU ecological label, and make well-

1
Murean L., Neacu A. N.: Etichetarea ecologic. (Ecological labeling) n Zilele medicale ale
Braovului, 7-8 Decembrie 2007, publicat n Jurnalul medical braovean nr. 4 din 2007,
pp. 13-15.
2
Point 5, Point 10 and Point 13 in the Preamble of the Regulation No 66/2010 of the European
Parliament and of the Council.

118
informed choices. These actions are also required in order to grant the EU
ecological labeling system an increased degree of attractiveness for
manufacturers and traders.
The granting of the ecological label to the products which have a reduced
impact on the environment, during their entire life time, has a double direct
effect on the protection of the environment, as well as the protection of the
consumers. Regarding the consumers, the ecological label has a preventive
effect. In this respect, a possibility to choose the products which are healthier
for them is created for the consumers. These products, complying with the
conditions for granting the ecological label, are healthier also for the
natural environment, not affecting the health of the population living in the
area the respective product is manufactured and commercialized.
By means of the ecological labeling, it is also intended to make the
consumers responsible because, if preferring ecological products, they can
actively contribute to the protection of the environment. The increase of the
consumers preference for ecological products shall lead to the increase of the
demand for these products and the increase of the ecological products
production. This way, the production of several commercialized non-food
products shall comply with the legislatively set ecological norms.
As for the National Eco-labeling Board, Government Decision
no. 236/2007 modifies the structure of the board, i.e. it includes the
representatives of employers, together with the representatives of the non-
governmental organizations in the field of environment protection and
consumers protection, and the representatives of the Ministry of
Environment, Ministry of Economy, and the Ministry of Education, Research
and Innovation.
1
The modification is made in order to harmonize the internal
legislation with the community legislation, more precisely in the respect of

1
Art. 2 Governmental Decision no. 236 of 7 Mach 2007.

119
guaranteeing transparency in applying the community optional and selective
system of granting the ecological label, but also in order to transpose the
structure of the European Union Eco-labeling Board (EUEB).
The former Regulations, abrogated by Regulations No 66/2010 has
established the constitution of an European Union Eco-labeling Board,
established at the community level, as an organism guaranteeing, for each
group of products, a balanced participation of all parties interested in the
respective group of products, such as representatives of the industry and
service providers, including SMEs, their corporations and organizations,
trade unions, traders, retailers, importers, environment protection groups and
consumers organizations.
1

Regulations No 66/2010 establish the constitution of the European Union
Committee for ecological labeling (CUEEE), made up of the representatives
of the competent authorities of all member states and other interested parties.
CUEEE contributes to the preparation and revision of the criteria regarding
the EU ecological label and to any reexamination of the implementation of
the EU ecological labeling system.
2
Each Member State has the obligation to
designate the authority/authorities, within the ministries or outside them,
which are responsible for the fulfillment of the tasks provided by Regulations
No 66/2010, and makes sure that they are operational. CUEEE maintains a
balanced participation of all the relevant interested parties for each group of
products: competent authorities, manufacturers, producers, importers, service
providers, wholesale dealers, retailers, especially SMEs, as well as the
environment protection groups and consumer organizations.

1
Point 17 in the Preamble of the Regulations of the European Parliament and Council no. 1980
of 2000.
2
Art. 4 and 5, Regulation No 66/2010 of the European Parliament and of the Council.

120
Decision no. 236 of 2007 is better structured as compared to the former
normative document regarding eco-labeling,
1
especially in relation to the
grouping of the contraventions in this field. Also, the amount of the
eco-labeling sanction fine has substantially been increased.
2
One can notice a
doubling of the fine amount which is applied in case a contravention is
committed, a benefic measure in the respect of the consolidation of a
financial prevention in the field of granting and using an eco-label.
The modifications of the internal legislation by adopting the previously
analyzed Government Decision no. 236/2007 contribute to a better protection
of the consumers and natural environment. Thus, the objective of the eco-
labeling community system, stipulated at item 1 of Art. 1 of the Community
Regulation were implemented, i.e. to promote the products which can
determine the diminution of the negative impact upon the environment, as
compared to other products belonging to the same product group,
contributing to the efficient use of resources and to a high environment
protection level.
3

Regulation No 66/2010 of the European Parliament and of the Council
continue to support this principle at item 6 of the preamble, by establishing
the extension of the possibility to use the EU ecological label, in order to
encourage higher environmental performances in all fields for which the
impact on the environment is a factor in the choice made by the consumer.
The weakness of the eco-labeling is the fact that this system is very
difficult to manage, mainly because of the need to globally evaluate the
lifetime of the entire product.

1
Governmental Decision no. 189 of February 28
th
, 2002.
2
Art. 26 letter 2, Governmental Decision no. 189 of February 28
th
, 2002.
3
Murzea C., Murean L.: Ecobrand - The Ecological Label. Bulletin of the Transilvania
University of Braov, Vol. 14 (49) 2007, pp. 593-596.

121
The ecological mark can also be used as an instrument of moral value,
especially, of prestige, of identification and highlighting of certain
exceptional natural elements of the acknowledged ecological products or
ecological practices used in manufacturing this group of products.
1

The European eco-labeling is a graphic symbol accompanied by a short
descriptive text, applied on the product, package, in a brochure or any other
informative document accompanying the product and offering information on
at least one and at most three types of impact on the environment. The
symbol of the European ecological label is a flower with little star-shaped
petals.
2

The European ecological label can be granted to the following categories
of products: refrigerating appliances; domestic washing machines; domestic
dish-washing machines; portable computers; soil ameliorators and culture
substrates; dish-washing machine detergents; footwear; textile products;
paints and lacquers used for interiors; bed mattresses; electrical lamps;
universal detergents and toilet detergents; manual dish-washing detergents;
copying paper and graphic paper; absorbent paper; materials for rigid floors;
TV sets; tourist accommodation services; vacuum cleaners; lubricants;
camping services; soaps, hair shampoos and conditioners, heating pumps.
The conditions for granting the European ecological label to these
categories of products are regulated by a series of community normative
documents transposed into the Romanian internal legislation.

1
Duu M.: Dreptul mediului. (Environment Law) Editura C.H. Beck, Bucureti. 2007,
pp. 233-234.
2
Ministerul Mediului i Dezvoltrii Durabile (Institutul Naional de Cercetare-Dezvoltare
pentru Protecia Mediului): Consumai Eco. Produsele etichetate ecologic. Bucureti, 2008,
pp. 1-13.

122
We shall enumerate, for example, the criteria for granting the European
ecological label for detergents and other cleaning products.
1
This type of
ecological products has as a main purpose the diminution of water pollution
by restricting the constitutive dangerous substances and by reducing the
detergent amount used. The concern for water consumption is an aspect
suggesting ecological responsibility and ethical responsibility of the
commercial companies manufacturing non-food ecological products.
A second purpose is the reduction and prevention of risks for the
environment and human health regarding the use of dangerous chemical
substances. This purpose combines the protection of the natural environment
and the protection of the consumers.
Another purpose is the reduction of the package waste amount. The
concern for products packaging shows a special respect for the natural
environment.
The reduction of energy consumption by promoting those detergents
which can be used for washing at low temperatures is another purpose
pursued by the commercial companies manufacturing non-food ecological
products.
A last purpose is providing the consumer with the information allowing
him to use the product in an ecologically efficient manner. This purpose
mainly regards the protection of the environment, and then the interests of the
consumers.
The European eco-label applied on detergents and other cleaning
products offers the consumers the guarantee that these cleaning products
exhibit certain positive aspects. These advantages are: a reduced impact on
the aquatic environment, they do not contain dangerous substances for the

1
pentru Protecia Mediului): Eticheta ecologic. Ghidul produselor de consum i serviciilor
etichetate ecologic. Bucureti, 2008, pp. 4-9.

123
aquatic environment, high biodegradability, their efficient use does not cause
damage to the environment and consumers health, as they are safe products.
However, at the same time, these cleaning products wash at least as well
as the non-ecological detergents. This way, consumers can contribute to the
protection of the aquatic environment rivers, lakes, etc. by buying
detergents and other cleaning products which have the European ecological
label.
The European eco-label is assigned only to the ecological
products/services existing on the market,
1
i.e. in the commercial circuit.
Further to the previous analysis, regarding the non-food ecological
products, it can be considered that the internal legislation is harmonized with
the community normative stipulations.
The social responsibility also manifests itself in the situations in which
the commercial companies are involved in the environment protection
actions. This involvement implies the promotion of the green or ecological
marketing, which considers not only the strict observance of the anti-
pollution legislation, but also the design of certain strategies meant to
contribute to the future reduction or elimination of any environment pollution
possibilities.
2

1
pentru Protecia Mediului): Eticheta ecologic european. Instrument al dezvoltrii durabile.
Bucureti, 2008.
2
Murzea C., Murean L.: The social responsibility of the commercial companies
manufacturing non-food ecological products, or performing ecological services in their
relation to the environment and their own consumers. in Proceedings of the International
Scientific Conference: Bioatlas, May 27-30, 2009, Braov, publicat n Journal of EcoAgro
Turism vol. 6 (2010), nr. 3 (20) pp. 155-159.

124
CHAPTER IX
RISKS AND IMPLICATIONS OF THE
GENETICALLY MODIFIED PRODUCTS IN THE
CONSUMER PROTECTION FIELD
1. Risks for the health of the consumers of
genetically modified organisms
The genetically modified foods are products containing similar or
sometimes better nutrients than the products obtained by means of classical
methods. The new foods are the results of genetic engineering. A gene is a
particle within the DNA acid molecule, and it is responsible for a certain
feature of the organism (such as blood type).
The genetically modified products are not new for Romanians. The most
well-known and beloved turtles were mutant, i.e. genetically modified.
The first product obtained by means of this technique and intended for
sale, has been a genetically modified version of a hormone - BST
somatotropine which is stimulating the milk production in cows. This
product has been made by inserting the gene for BST in bacteria, a similar
method being also used in the experiment for obtaining insulin. Further to
this accomplishment, they have wondered whether this hormone influences
only the animal or the consumer as well.
It has experimentally been proved that a BST injection increases the milk
production by 15-20%. The Canadian researchers dealing with marketing the
new genetically modified foods have found that 30% of the rats receiving an
increased dose of BST have produced anti-bodies, which means that BST has

125
reached the blood circulation. Only after 8 years from the preparation of these
studies, they have succeeded in stopping the use of this hormone in Canada.
In Romania there is a great deficit of information with regard to
genetically modified organisms.
The term OMG is used to refer to live organisms, plants or animals,
which have been injected with genes, particles from other species DNA,
tresspassing the species barrier, for it to be able to have new properties.
The results of relevant studies on guinea pigs are available. One of the
most interesting studies of this type, which concerns us, has been prepared in
Russia on MG soy the same MG soy variety also cultivated Romania,
officially, since 1998 and until last year. Officially because, unofficially, it
is still being cultivated. The effects on the 2 generations of tested guinea pigs,
which consumed MG soy, have been absolutely impressive, even the
scientists who participated in the study have been shocked. Thus,
malformations of internal organs (liver, brain, testicles), an increase of the
behavioral aggression in the second generation, the decrease of birth rate by
50%, and the loss of maternal instinct in the female guinea pigs which killed
their cubs and consumed their brain, have been noticed in the tested animals.
The producers and traders of genetically modified organisms state that
the MG seeds resistant and produce unpretentious crops. This is an advantage
for farmers, especially for those in the Third World.
Authors
1
from the juridical and economic field consider that it is not an
advantage for the farmers anywhere in the world, because of the conditions
imposed by the companies producing genetically modified seeds. This way,
the farmers lose their primordial right to use the seeds from one crop to

1
Murean L., Neacu A. N., Madar A.: Risks and Implications of Genetically Modified
Products. in The 4th Edition of the International Scientific Conference: European Integration
New Challenges for the Romanian Economy, May 30-31, 2008, Oradea, publicat n
Analele Universitii din Oradea, pp. 417-421.

126
another, being forced to buy a new lot of seeds from the producing company,
every year.
Another problem which occurs is contamination. The crops of a farmer
not intending to cultivate MG plants can accidentally be contaminated by
natural pollination (wind, insects) which man obviously cannot control. There
are cases, globally, in which the producers of MG seeds solicit damages for
the unwilling farmers with contaminated crops, since these farmers cant
depend on the laws protection, while the MG seed producer is protected
through his registered norms.
The MG seeds producers also claim that for the crops obtained by means
of their seeds fewer herbicides/chemicals are used. These are however very
strong and nonselective such as Round Up, the most widely used herbicide
in the MG crops. It has however been found that even these generated
resistance in the spontaneous flora, weeds and so-called pests. It can be
inferred that the environment becomes resistant also to these herbicides, so
the idea that the farmer shall use fewer herbicides is completely false, as in
time the amount of chemicals used for obtaining the same effect shall be
increased.
In Romania, MG soy has been cultivated since 1998, and 99% of the
people have not been aware of it. According to the Ministry of Agriculture, in
the Official List containing the species of plants cultivated in Romania in
1998, 12 hybrids of potato, soy, sugar beet and MG corn have been included.
Greenpeace has tested in 2008 several products containing soy, which
are currently being sold in stores. In each of these, a content of over 50% MG
soy has been found but none of the products had a tag according to the law.

127
The tests run in an independent laboratory by Greenpeace have however been
ignored by authorities, invoking a procedure vice in taking the samples.
1

In 1998, when they started to cultivate GM plants in Romania, there was
no specific legal framework for the regulation of these cultures. So, the GM
seeds have been registered in the catalogue as regular seeds, no difference has
been made in the evaluation and release in the environment of these seeds as
compared to the conventional ones. The legislation has been in force since
2007, but it is not complied with; practically, no product from the Romanian
stores which contains GM plants is properly labeled.
In Romania, they have attempted to solve the situation in which it is
impossible to identify the products which contained genetically modified
organisms by the consumers, by creating territories free of OMG. This is a
concept from the resistance campaign against OMG, through which the local
authorities (local counsels, municipal councils) declare that they do not want
to cultivate any kind of OMG on the territory they preside over. As soon as
there will be enough local councils who take these kinds of decisions, this
type of pressure, from a local level, will matter very much in decisions at the
national level, regarding the MG cultures.
Romania owns these types of territories, without OMG, as well.
Fourty-two places: 3 cities and 37 communes from the counties of Cluj and
Bistrita-Nasaud, have declared themselves OMG-free zones from 2008. The
people with whom they discussed were receptive in these places and the
result was positive meaning that all the zones were declared OMG
free zones.

1
Murean L., Neacu A. N., Madar A.: Risks and Implications of Genetically Modified
Products. in The 4th Edition of the International Scientific Conference: European Integration
New Challenges for the Romanian Economy, May 30-31, 2008, Oradea, publicat n
Analele Universitii din Oradea, pp. 417-421.

128
InfOMG, in 2008, had an Information tour about Genetically Modified
Organisms in 3 countries: Romania, Bulgaria, and Macedonia. It was found
that in these 3 countries there is a great deficit of information for the citizens,
a deficit of assimilable information. The subject of OMG can be perceived in
the first phase as a very complicated one, even though it can be explained
quite simply and intelligently, so that all the people can be conscious of what
OMG are and why they create problems.
The public interest for the information performed by InfOMG was
visible. Generally, the reaction shown from Romanian was of not believing
the safety of consuming these genetically modified products. There were
questions about the impact of these genetically modified products on the
human health and that of the environment. Many people were unhappy about
the fact that the products which contain OMG are not labeled according to the
legislation in force at the time (Government Decision no. 173/2006), which
tresspasses upon the consumers right to choose. With this event, InfOMG
and Friends of the Earth Europe launched a campaign of collecting signatures
for the outlawing of genetically modified corn MON810 crops in Romania,
product of Monsanto, authorized in Romania.
There are risks from the consumption of genetically modified products to
the consumers health, of which the most important are:
a. Allergic effects. Newly inserted genes can produce proteins which, to
some people, can determine allergies. The most frequent allergies are from
milk, eggs, fish, cereals, and soy beans. At the beginning of the 1990s when
soy beans were discovered to have nutrition effects from the introduction of a
gene from Brazilian nuts, the potential risk was evident.
b. Antibiotic resistance. It is known that some produce genetically
modified can raise the human resistance or animal resistance to antibiotics.
For example, tomatoes genetically modified and consumer fresh have a gene
marker (a resistant gene to antibiotics) which is resistant to neomycin or

129
kanamycin. The same thing happens in the case of cotton seeds. Generally,
the risk varies according to the origin of the implicated gene. Bacteria which
produce lactic acid dont have to have the resistant gene to antibiotics.
c. Modifications at the metabolism level. Through the insertion of new
genes other alterations can be produce at the genome level meaning that the
total genes of an organism alterations which can generate in the host
organism other effects besides the counted on one, like the lowering of the
quantity of nutritive substances and the raising of the toxin levels in the host
organism.
The specialized literature in the juridical and economic fields has brought
the following suggestions:
Romanian consumers have the right to know the truth about genetic
engineering and about the contents of the products they consume.
Farmers have the right to know what type of seeds they plant.
Also, society on the whole has the right to make a good informative
choice regarding the way of agriculture which they wish to practice.
Presently, there has not been a focus of public attention about this
subject, least of all there have not been any public proceedings on
the subject.
The intention of InfOMG is the objective informing about the
situation of genetically modified organisms in Romania and abroad,
and the making aware of the public regarding the impact of the
introduction of this biotechnology in the environment and in the
food circuit.
Competent authorities should perform more controls to see if the
legislation which regulates this subject will be respected.
There has to be more intense programs and actions for the informing
and educating of consumers with regard to OMG.

130
2. Harmonizing the Romanian legislation related to the
genetically modified organisms to the community legislation
Considering the above, the related community legislation shall be
analysed, and then the harmonization degree of the Romanian legislation with
the community stipulations shall be analysed.
1

At community level, the genetically modified organisms are mainly
regulated by Directive 2001/18/CE of the European Parliament and Council
of 12 March 2001 regarding the deliberate dissemination in the environment
of the genetically modified organisms, and for the cancellation of Directive
90/220/CEE of the Council, together with Regulation (CE) No. 1946/2003 of
the European Parliament and Council of 15 J uly 2003 regarding the
transfrontier movement of genetically modified organisms.
The community legislation concerning the genetically modified
organisms regulates in detail all the situations that might occur regarding the
genetically modified organisms marketed as actual products or components
of other products, within the Community, the genetically modified organisms
deliberately disseminated in the environment with any other purposes than
their being marketed within the Community, as well as the genetically
modified organisms being imported onto the area of the Community. The
purpose for which the legal community regulation is so broad is stipulated at
item 4 of the preamble of Directive 2001/18/CE of the European Parliament
and Council: the living organisms, if disseminated in the environment in
large or small amounts, for experimental purposes or as commercial products,
can reproduce in the environment and exceed the national frontiers, thus

1
Murean L., Gheorghe C. A.: European Legislative Perspectives regarding Products
Containing Genetically Modified Organisms, between Consumers Protection and
Environment Protection. In Proceedings of International Conference: Present and Future
Challenges of the Common EU Policies, 23 May 2008, Braov, pp. 245-252.

131
affecting other member states. The effects of such disseminations in the
environment can be irreversible. Thus, the member states are obliges to make
sure, according to the precaution principle, that all adequate action has been
taken in order to avoid adverse effects on human health and environment,
which can occur further to the deliberate dissemination or marketing of
GMOs.
Directive 2001/18/CE of the European Parliament and Council
regulates the marketed genetically modified organisms as actual products
or components of other products, within the Community, at the same time
protecting the environment, but also the consumers. Thus, in accordance
with the precaution principle, the objective of this community directive is to
harmonize the law-acting acts with the administrative acts of the member
states, and to protect human health and environment in case the genetically
modified organisms are marketed as actual products or components of other
products, within the Community. Moreover, putting the GMOs into the
environment must be made according to the step by step principle. This
means a low content of GMOs, and the dissemination scale is gradually
extended, step by step, but only if the evaluation of the previous steps
regarding the protection of human health and environment shows that we can
move to the next step. The member states take action in order to provide the
supervision, according to the legal community norms, of the GMOs which
are authorized according to the Directive, in all the stages of their being
marketed.

132
We shall first analyze the authorization procedure of marketing the
products containing genetically modified organisms.
1

The procedure for authorizing the marketing of the products that contain
genetically modified organisms is regulated in the Directive 2001/18/CE of
the European Parliament and Council of the 12th of March 2001.
2

Thus, any person, before placing GMOs on the market as actual products
or as components of other products, in case it is intended to use the product
that involves its deliberate dissemination into the environment, must submit a
notification to the competent national authorities.
3
The person making the
notification is legally defined, at communitarian level, as the person that
submits the information requested based on the communitarian legislation
towards the competent authority of the member state. Placing on the market
means making available for third parties, with onerous title or for free the
products containing GMOs.
Although the objective of the communitarian regulation is to harmonise
the documents having the power of a law with the administrative documents
of the member states and to protect human health and environment, in
compliance with the precaution principle, in case genetically modified
organisms are placed on the market as actual products or components of other
products, inside the Community; in case the respective product has been
authorised in compliance with the current directive, a member state cannot
forbid, restrict or prevent the GMOs from being placed on the market, market
as actual products or components of other products, that correspond to the

1
Murean L., Poincu C.: The Harmonization of the Romanian Legislation with the
European Legislation in the Field of Genetically Modified Organism. In Proceeding of 6th
International Conference Challenges in Higher Education and Research in the 21-st
Century, 4-7 J une 2008, Sozopol, Bulgaria, pp. 684-689.
2
Directive 2001/18/CE of the European Parliament and Council of 12th of March 2001.
3
Art. 1 and Point 56 in the Preamble of the Directive 2001/18/CE of the European
Parliament and Council.

133
requirements of the current directive.
1
Therefore, in case the administrative
procedure for issuing the authorisation for placing on the market genetically
modified organisms as actual products or as components of other products,
the EU member states cannot limit this activity. From this context, the
importance of detailed regulation of this authorising procedure results. The
communitarian law makes redundant the control of the activity for placing on
the market genetically modified organisms as actual products or as
components of other products, apart from the deadline for issuing the
authorisation, control reflected in surveying, during all the stages, the placing
on the market of the GMOs as actual products or components of other
products authorised according to the law. Besides, it is necessary to look for
means to offer possibilities to facilitate the GMOs control or to withdraw
them in the eventuality of a serious risk. Also, it is necessary to adopt a
protection procedure in case risks for human health or for environment
occur.
2
The member states and, as the case may be, the Commission ensure
that the potential adverse effects upon human health and environment that
can produce directly or indirectly, through the gene transfer from GMOs to
other organisms, are correctly evaluated for each case.
Thus, the administrative procedure for issuing the authorisation for
placing on the market GMOs as actual products or as components of other
products must be made more efficiently and more transparently, and the first
authorisation must be issued for a limited period. Within this authorisation
procedure, an important role is played by public consultation and by the
consultation of the European Group for Ethics in Science and New
Technologies as well, with a view to obtaining consulting in general ethic

1
Point 42, Point 45 and Point 56 in the Preamble of the Directive 2001/18/CE of the
European Parliament and Council.
2
Point 48, Point 58 and Point 60 in the Preamble of the Directive 2001/18/CE of the
European Parliament and Council.

134
problems regarding the placing of the GMO on the market. However, these
types of consultation do not interfere with the competency of the member
states regarding ethical issues. The EU member states must be able to consult
any committee set up by them in order to obtain consultancy related to the
ethical implications of the biotechnology. The legal communitarian
regulation regarding the observation of ethic principles in the field of trading
products that contain GMOs is distinguishable. The information exchange
among the member states of the European Union provided by the
communitarian directive must cover as well the experience gained, taking
into account ethical aspects. The Report that the Commission must develop
every three years, based on the information provided by the member states,
will contain a separate chapter regarding the social and economical
advantages and disadvantages of each category of GMO authorised to be
places on the market, that take into account the farmers and consumers
interest.
1

Before initiating the authorisation procedure, the legal entity assesses the
ecological risk. The assessment of the ecological risk is legally defined as an
assessment of the risks for human health and for environment, either direct or
indirect, immediate or delayed, that the GMOs placing on the market can
pose. During this stage, the member states and the commission ensure that
special attention is paid to the GMOs that care genes resistant to antibiotics.
2

The authorisation procedure is initiated by submitting a notification to
the competent authority of the member state in case a GMO or a combination
of GMOs, as actual products or as components of other products are to be
placed on the market for the first time. The competent authority confirms the

1
Point 62 in the Preamble of Directive 2001/18/CE of the European Parliament and Council.
2
Art. 2, Par. 2, Let. b, Point 8 and Art. 4, Par. 2, Directive 2001/18/CE of the European

135
date for receiving the notification and forwards the abstract of the file to the
competent authorities of the other member states and of the Commission.
1

The notification contains:
1. information regarding:
- the diversity of the areas where GMOs are used as actual products or
as components of other products,
- the data and the results obtained following the dissemination made
with a view to research and development, which refer to the impact
of dissemination upon human health and environment;
2. assessment of the ecologic risk;
3. conditions for placing the product on the market, including specific
conditions for using and handling them;
4. a period proposed for authorisation, which should not be longer than
10 years;
5. a monitoring plan, including a proposal regarding the duration of the
monitoring plan (it can be different from the period proposed for
authorisation);
6. a proposal for labelling (the labelling clearly stipulates that a GMO is
present, the words this product contains genetically modified organisms are
present either on the label or in a document attached);
7. a proposal for packaging o according to legal requirements;
8. an abstract of the file.
In case new information regarding the risks posed by GMOs for human
health or for environment occurs, before issuing the written authorisation, the
person who makes the notification is obliged to immediately take the
necessary actions in order to protect human health and environment and to
inform the competent authorities regarding this.

1
Art. 13, Directive 2001/18/CE of the European Parliament and Council.

136
Within 90 days after receiving the notification, the competent authority
prepares an assessment report and sends it to the person who made the
notification. This assessment report indicates whether: the respective GMO
(or GMOs) must be placed on the market and in which conditions or whether
the respective GMO (GMOs) must not be placed on the market.
1
In case the
competent authority that prepared the report decides that the GMO (or
GMOs) must not be placed on the market, the notification is rejected.
Reasons must be presented for this decision. In case, on the contrary, the
competent authority that prepared the report decides that the product can be
placed on the market, in the lack of any objection for which reasons are
presented from a member state or from the Commission within 60 days after
starting to circulate the assessment report, the competent authority that
prepares the report issues a written authorisation for placing on the market,
sends it to the person who made the notification and informs the other
member states regarding this aspect within 30 days.
The competent authority or the Commission can request additional
information, can make comments or can present objections for which reasons
are presented related to placing the respective GMO (or GMOs) on the
market within 60 days after starting to circulate the assessment report. The
competent authorities and the Commission can discuss any problems
remained unsolved in order to reach an agreement within 105 days after the
date when the assessment report started to circulate. It will not be taken into
account either the period during which additional information is expected
from the person who made the notification in order to calculate the final
period of 45 days, to reach an agreement. In each request the reasons for
requesting additional information are mentioned.

1
Art. 14 and Art. 15, Directive 2001/18/CE of the European Parliament and Council.

137
The authorisation is issued for maximum 10 years, starting the date when
it is issued.
Nine months before the expiration of the authorisation, the person who
makes the notification submits a notification to the competent authority that
had received the initial notification, notification which contains:
1. a copy of the authorisation for placing GMOs on the market;
2. a report regarding the results of the monitoring performed in
compliance with the communitarian law;
3. any other new information available regarding the risks of the
product for human health and/or environment;
4. if the case, a proposal for modifying or completing the conditions of
the initial authorisation, the conditions regarding future monitoring
and limitation of the authorisation in time.
The competent authority confirms the date when the notification was
received and, in case the notification is compliant with legal requirements,
submits without any delay a copy of the notification and the assessment
report to the Commission, which, within 30 days after receiving them,
submits them to the competent authorities of the other member states.
The competent authority will send to the person who made the
notification its assessment report. The assessment report indicated whether:
GMO (GMOs) must remain on the market and in which conditions or GMO
(GMOs) must not remain on the market.
1

At internal level, in Romania, the Emergency Ordinance no. 43 on the
23rd of May 2007 regarding the deliberate introduction in the environment
and placing on the market of the genetically modified organisms
2
transposes
the communitarian legislation.

1
Art. 17-20, Directive 2001/18/CE of the European Parliament and Council.
2
Published in Official J ournal no. 435/28 J une 2007.

138
The Emergency Ordinance no. 43/2007 interdicts a genetically modified
organism to be introduced on the market, either as it is or as part of a product,
without an authorisation issued by the competent authority in compliance
with the Romanian law or without an authorisation issued by another member
state.
1
Also, this ordinance interdicts the usage of a product that does not
observe the conditions in the authorisation received.
The Emergency Ordinance no. 43/2007 stipulates that any person who
sends a notification according to the provisions of the Romanian law must
previously perform an assessment of the risks upon human health and upon
environment, by observing the internal legislative provisions and the specific
communitarian legislation, which include a description of the methods used
and a description of the methods used and references to methods standardised
or internationally recognized, as well as bibliographic references. In this
context, that person can be only a legal entity. The assessment of the risk
upon human health and upon environment is made only by independent
scientific organisms or by independent experts, authorised or certified
according to the legislation.
2
It can be noticed, for this assessment previous to
the initiation of the authorisation procedure, the harmonisation between the
Romanian legislation and the communitarian one.
Any legal entity that wants to place on the market, for the first time, a
genetically modified organism or a combination of such organisms, as it is or
as component of a product, must previously send a notification to the
competent authority, in case Romania is the state where they intend to place
on the market, for the first time, this genetically modified organism, in order
to obtain the authorisation for performing such activities. The notification
will be sent electronically, in Romanian and in English, and on paper support

1
Art. 4, Emergency Ordinance no. 43 of the 23rd of May 2007.
2

139
as well, in two original copies, by mail, with receipt confirmation, or will e
submitted to the competent authority, which register the notification at the
submission date.
The notification must contain:
1. authorisation request, which mentions the type of genetically modified
organisms and the proposed usage;
2. the proof that the tax for the assessment of the notification file has
been paid;
3. the technical file containing the information stipulated in Ordinance
43/2007, which takes into account the diversity of the locations where
genetically modified organisms are used, as they are or as components of
other products, data and results obtained from the introductions made for
research-development, regarding the impact upon human health and
environment, which include:
- general information, including information about the employees and
their professional background;
- information regarding the genetically modified organism;
- information regarding the introduction conditions and the potentially
receiving environment;
- information regarding the interactions between the genetically
modified organisms and the environment;
- measures regarding internal control, traceability, monitoring,
remediation methods, waste disposal, intervention plans in case of
emergency;
- an appendix including eventual confidential data;
4. the abstract of the notification, according to the applicable national and
communitarian legislation in force;

140
5. assessment of the risk upon environment and human health;
6. conditions for placing the product on the market, including specific
conditions for using and handling;
7. validity period proposed for the authorisation, which cannot exceed
10 years;
8. monitoring plan, for identifying the effects of the genetically modified
organisms upon human health or environment, including a proposal regarding
the duration of the monitoring plan (the duration can be different from the
validity duration of the authorisation);
9. proposal for labelling, according to legal requirements;
10. proposal for packaging, observing legal requirements;
11. information for the public, in electronic format an don paper support;
12. in case based on the results of any introduction notified according to
the law, or based on other important aspects, for which scientific reasons are
presented, a person who makes the notification considers that placing on the
market and using a genetically modified organism, as it is or as component of
a product, does not pose any risk for human health and environment, he/she
can propose to the competent authority not to provide part of or all the
information requested by law;
13. a separate appendix, with the confidential information;
14. statement at his/her own responsibility, filled in and signed by the
person who makes the notification, through which he/she undertakes the
entire civil responsibility for any prejudice to human health, material goods
or environment, which could result from the proposed placing on the market.
1

It can be noticed that for the notification procedure as well: the
submission of the notification and its content observe the minimal
communitarian provisions. Besides, the person who makes the notification is

1

141
obliged to provide witness samples from the genetically modified organism
to the legal representative of the control organism and/or of the competent
authority or of a laboratory certified for performing analyses, at the same
time with the notification or in 10 days after the notification was accepted, at
the latest.
As the communitarian legislation, the Emergency Ordinance no. 43/2007
stipulates certain obligations in case new information occur regarding the
risks posed by the genetically modified organisms for human health or for
environment, before the authorisation is issued by the competent authority. In
this case, the person who makes the notification is obliged immediately: to
take the necessary actions in order to protect human health and environment,
to inform the competent authority without delay before any modification or
immediately they become aware of any unexpected change or in case new
information is available; to appropriately review the information and the
conditions mentioned in the notification.
The competent authority decides regarding the acceptance of the
notification within 20 days after the registration of the notification. Absence
of an answer from the competent authority within 20 days cannot be
considered as acceptance of the notification.
In case the notification is accepted, the competent authority writes it
down in the register developed for this purpose, informs in writing the person
who made the notification, communicates him/her the number of the
notification and mentions the number of copies of the notification file
necessary during the authorisation process, that he/she must submit to the
competent authority in 7 days at the most. Any delay in sending the
documentation automatically leads to the extension of the other deadlines
with the duration of the delay.

142
In the opposite case, when the notification is not accepted, the competent
authority communicates in writing to the person who made the notification
the reasons and mentions the missing information. The person who makes the
notification is obliged to complete the missing information in the notification
file in maximum 10 days, and in case the person who made the notification
does not fill in the notification file before the deadline stipulated, the
authorisation procedure is ceased, without affecting his/her right to submit a
new notification file.
Also in this stage of the authorisation procedure, the internal legislation
is harmonised with the communitarian one.
The authorisation procedure regulated by the Emergency Ordinance
no. 43/2007 requires: the approval of the Commission for biological security
and of the authorities involved, as well as public consultation. In order to
facilitate the procedure for public consultation, organised by the European
Commission, the competent authority publishes on the internet address and in
mass-media, within 5 days after starting the procedure: the abstract of the
notification together with the information for the public.
1

Within maximum 90 days after starting the authorisation procedure, the
competent authority, based on the approval of the Commission for biological
security, of the authorities involved, on the information for the public and on
the synthesis of public consultation, on the measures for risk management
and after consulting the central public authority for environment protection
develops a report for the assessment of the notification. The report prepared
in Romanian and English. This can be: favorable and establishes by
presenting reasons that the genetically modified organism/organisms can be
placed on the market and in which conditions; or unfavorable and establishes

1
Art. 31-32, Emergency Ordinance no. 43 of the 23rd of May 2007, modified by Law
no. 247/2009 point 49.

143
by presenting reasons that the genetically modified organism/organisms
cannot be placed on the market.
The procedure for issuing/not issuing the authorisation for placing on the
market the product that contains genetically modified organisms observes the
provisions of the Directive 2001/18/CE of the European Parliament and
Council.
Regarding the procedure for renewing the authorisation, 9 months at the
latest after the expiration date for the authorisation issued, in case Romania is
the member state that received the initial notification, the person who made
the notification must send to the competent authority a notification for
renewal under the following circumstances:
1. the number of copies, the presentation format and the transmission
method are provided in the procedure for issuing the authorisation;
2. the notification must contain:
- the request for renewing the authorisation;
- the proof that the tax for assessing the file has been paid;
- the copy of the authorisation for placing genetically modified
organisms on the market;
- the report regarding the results of the monitoring performed;
- any other new information, become available, regarding the risks of
the product upon human health and/or environment; and
- if the case, a proposal regarding the revision or completion of the
conditions in the initial authorisation, among others, the conditions
regarding future monitoring and the validity duration of the
authorisation.
After receiving the renewal notification, the competent authority checks
whether the notification can be accepted and within 20 days after receiving
the request, the competent authority takes a decision regarding the acceptance

144
of the notification. In case the notification is accepted, the competent
authority writes down the notification in the register developed for this
purpose, sends the result of the notification to the European Commission,
informs in writing the person who made the notification, communicates
him/her the number of the notification and the number of copies of the
notification file and requests the approval of the Commission for biological
security and of the authorities involved. In the contrary case when the
notification is not accepted, the competent authority communicates in writing
to the person who made the notification the reasons for the refusal, as well as
requests for additional information.
1

Regarding the observance of the ethics principles in this field, the
competent authority can request the European Commission, by informing the
central public authority for environmental protection to consult any
committee set up for counseling regarding the ethic implications of
biotechnologies upon general ethic aspects. The result of this consultation
will be made available to the public by being published, including on the
internet address.
2

We shall further on analyse the potential risks involved by the deliberate
dissemination or marketing of the GMOs referring to the genes resistant to
antibiotics defining the terms used in the regulation of the GMOs,
consulting and informing the public, confidential information protected by
the intellectual property, as well as the observance of the ethical principles.
Directive 2001/18/CE establishes that the member states and the
Commission must provide systematic and independent research regarding
the potential risks implied by the deliberate dissemination or marketing of

1
Art. 36-37, Emergency Ordiance no. 43 of 23 May 2007, modified by Law no. 247/2009
points 51-53.
2
Art. 47, Emergency Ordiance no. 43 of 23 May 2007, modified by Law no. 247/2009
point 60.

145
GMOs. In order to pursue this research, the member states and the
Community must provide the required resources depending on their
budgetary procedures, and the independent researchers must be allowed to
have access to all relevant materials, at the same time observing the
intellectual property rights. When evaluating the risks of GMOs containing
such genes, special attention must be paid to the antibiotic resistance genes.
The member states and the Commission have the obligation to make sure that
special attention is paid to GMOs containing genes which are resistant to the
antibiotics used in medical or veterinary treatments, when evaluating the
ecological risk, in order to identify and progressively eliminate from GMOs
the antibiotic resistance markers, which can have negative effects on human
health and environment. The member states and the Commission make sure
that the potential negative effects on human health and environment, which
can directly or indirectly occur, by means of gene transfer from GMOs to
other organisms, are correctly evaluated for each case.
1

The community legislation defines the terms used in regulating the
genetically modified organisms marketed as actual products or components
of other products:
1. organism means any biological entity able to reproduce or transfer
genetic material;
2. genetically modified organism (GMO) means any organism, except
for human beings, in which the genetic material has been modified
by means of a way which is not naturally produced through mating
and/or natural recombination.
3. to market means to put at the disposal of third parties, in exchange of
money or free of charge.

1
Preambul Point 21, 22, 24, Art. 1, Art. 2 pct. 1, 2, 4, 7, 8 and Art. 4, Directive 2001/18/CE
of the European Parliament and Council.

146
4. evaluation of the ecological risk means the evaluation of the risks to
human health and environment, either direct or indirect, immediate
or postponed, which marketing the GMOs could present.
5. product means a preparation consisting in or containing a GMO, or a
combination of GMOs, which is marketed.
In order to make sure that the presence of GMOs in the products
containing or consisting in genetically modified organisms is properly
identified, the words This product contains genetically modified organisms
must be clearly mentioned, either on the label, or in the attached document.
1

The member states take action in order to make sure that in all stages of
marketing, the labeling and wrapping the GMOs as actual products or
components of other products are compliant with the relevant requirements
specified in the license obtained for this purpose. For the products in the case
of which the accidental or technically inevitable traces of GMOs cannot be
excluded, a minimal threshold can be established under which the respective
products must not have the words This product contains genetically
modified organisms written on the label or in the attached document. The
levels of this threshold are established depending on the product in question.
Without causing damage to the protection clause, the member states
cannot forbid, restrict or prevent the marketing of GMOs, as actual products
or components of other products, which are compliant with the community
directive. The protection clause implies the situation in which new or
additional information occurs, influencing the evaluation of ecological risk,
so that there are well-founded reasons to believe that a GMO is a risk for
human health or environment, situation which determines the provisional
restriction or the interdiction of using and/or selling the respective GMO,

1
Preambul Point 40, Art. 13 alin. 2 lit. f and Art. 21, Directive 2001/18/CE of the European

147
leading (after a well legally regulated procedure) to the modification of the
conditions of the license received, or the annulment of the license.
1

An important requirement stipulated by Directive 2001/18/CE of the
European Parliament and Council concerns the consultation and
information of the public. Thus, for a comprehensive and transparent
framework, we must make sure that the public is consulted, either by the
Commission, or by the member states, during the preparation of the
measures, and that it is informed on the action taken during the
implementation of the community legislation. Within the procedure of
granting the license for marketing the genetically modified organisms as
actual products or components of other products, the population can make
comments addressed to the Commission within 30 days, and the Commission
immediately forwards the respective comments to the competent authorities.
Without causing damage to the legal stipulations regarding the confidentiality
of certain information, for all the GMOs for which a written license for
marketing has been received, or whose marketing has been rejected, as actual
products or components of other products, according to the present directive,
the evaluation reports prepared for the GMOs in question and the permit
(permits) of the consulted scientific committees are placed at the disposal of
the population. For each product, the GMO or GMOs contained by it and
their use or uses are clearly specified.
2

The Commission and the competent authorities do not reveal to third
parties any confidential information notified or exchanged according to the
present directive, and defend the intellectual property rights regarding the
received data. The notificator can indicate the information from the submitted
notification, whose disclosure can affect his competitive position, and which

1
Art. 22 and Art. 23, Directive 2001/18/CE of the European Parliament and Council.
2
Preambul Point 10, Art. 24 and Art. 25, Directive 2001/18/CE of the European Parliament
and Council.

148
consequently must confidentially be dealt with; the submission of a verifiable
confirmation is essential. After consulting the notificator, the competent
authority decides which information is confidential (even in the case in which
the notificator withdraws his notification), also informing the notificator. The
following information cannot be confidential:
1. general description of the GMO or GMOs, name and address of the
notifier, purpose of dissemination, location of dissemination, and
planned uses;
2. methods and plans to monitor the GMO or GMOs, and to intervene
in case of emergency;
3. evaluation of ecological risk.
The competent authority must express their approval regarding the
granting of the license only after it has been established that the
dissemination is safe for human health and environment. The administrative
procedure for granting the licenses for marketing the GMOs as actual
products or components of other products must be made more efficiently and
more transparently, and the first license must be granted for a limited
period.
1

The report the Commission must prepare every three years, based on
the information supplied by the member states, must contain a separate
chapter regarding the socio-economic advantages and disadvantages of
each category of GMOs licensed to be marketed, which should consider
the interest of the farmers and consumers.
Directive 2001/18/CE of the European Parliament and Council stipulates
the observance of ethical principles acknowledged in a member state as
being very important. The member states can take into consideration the

1
Preambul Point 47, 48 i 62, Directive 2001/18/CE of the European Parliament and
Council.

149
ethical aspects when GMOs are deliberately disseminated in the environment,
or when they are marketed as actual products or components of other
products.
1

The community legislation related to the genetically modified organisms
causes the need of the member states legislation regarding the deliberate
dissemination in the environment of GMOs to be harmonized, and to ensure
the safe development of industrial products using GMOs. Moreover, the
member states and the Commission set regular meetings and exchange
information regarding the accumulated experience on the prevention of the
risks concerning the dissemination and marketing of GMOs. The member
states establish sanctions applicable in case of breaching the internal rightful
dispositions adopted in accordance with this directive. The respective
sanctions must be efficient, proportional and discouraging.
2

Directive 2001/18/CE of the European Parliament and Council regarding
the marketing of GMOs as actual products or components of other products is
transposed into the internal Romanian legislation through Emergency
Ordinance no. 43 of 23 May 2007 regarding the deliberate bringing into the
environment and marketing of the genetically modified organisms.
The purpose of adopting Emergency Ordinance no. 43/2007 is the
need and urgency to make the national legislation completely compatible
with the legislation of the European Union in the field of genetically
modified organisms, taking into account the fact that the modifications
occurred at the European level in the biosecurity field, by enforcing Directive
2001/18/CE (providing an unitary legislative framework in this field) are
imposing the harmonization of the national legislation with the new
community stipulations. Moreover, because the present normative document

1
Preambul Point 9 i Art. 29, Directive 2001/18/CE of the European Parliament and Council.
2
Preambul Point 7, Art. 31 and Art. 33, Directive 2001/18/CE of the European Parliament
and Council.

150
is not adopted, the complete transposition and the correct implementation of
Directive 2001/18/CE cannot be achieved, and the finalization and approval
of the normative document regarding the deliberate dissemination into the
environment and marketing of the genetically modified organisms is a
sensitive field for which Romania has been and still is monitored. Thus, the
objective of this emergency ordinance is to provide the required legislative
and institutional framework, harmonized with the community framework, so
that the activities involving genetically modified organisms could be
developed while observing the precaution principle, in order to provide the
protection of human health and environment. It can be noticed that the
observance of this principle is also transposed into the Romanian legislation.
1

The marketing of the genetically modified organisms, whether actual or
as components of other products, also counts among the activities regulated
through Emergency Ordinance no. 43/2007. The legal definitions given to
the terms used in regulating the genetically modified organisms marketed
within the Community as actual products or as components of other products
are compliant with those used by the community legislation.
2

Emergency Ordinance no. 43/2007 prohibits the marketing of a
genetically modified organism, whether actual or as a component of a
product, without a license issued by the competent authority, or without a
license issued by another member state. Also, it is forbidden to market a
genetically modified organism, whether actual or as a component of a
product, if the labeling and wrapping do not comply with the conditions
provided by the granted license, or the provisions of the national and
community legislation related to this field.
3

1
Preambul and Art. 1, Emergency Ordinance no. 43/2007.
2
Art. 2, Emergency Ordinance no. 43/2007 and Art. 2, Emergency Ordinance no. 195/2005
regarding environment protection.
3
Art. 4, Emergency Ordinance no. 43/2007.

151
It can be noticed that Emergency Ordinance no. 43/2007 also transposes
the community stipulations regarding the possible genes causing resistance
to antibiotics contained by GMOs, as follows: the studies for the evaluation
of the risk for human health and environment, concerning genetically
modified organisms containing one or more antibiotics resistance genes must
include distinct comments in order to identify and progressively eliminate
from these organisms the antibiotics resistance markers, which could have a
negative effect on human health and environment, and the GMOs containing
antibiotics resistance genes, used in the treatment of human or veterinary
affections, cannot be marketed if it is proved that these have been inserted
through genetic modification. Until 31 December 2008, genetically modified
organisms containing antibiotics resistance genes inserted by genetic
modification shall progressively be eliminated.
1
These provisions have been
modified by Law no. 247 of 30 J une 2009 for the approval of the
Government Emergency Ordinance no. 43/2007 regarding the deliberate
introduction into the environment and on the market of the GMOs. Law
no. 247/2009 is stricter, establishing the fact that the genetically modified
organisms containing genes resilient to antibiotics, used in the treatment of
the human or veterinary diseases, which can have adverse effects on the
human health and environment cannot be brought on the market if it is
proved that they have been inserted by genetic modification. If the
Ordinance allowed it (under certain circumstances), the Law clearly
establishes the interdiction of bringing on the market of these GMOs, which
contain genes resilient to antibiotics, used in the treatment of human or
veterinary diseases.
2

1
2
Pct. 13, Law no. 247/2009.

152
The labeling of the products containing genetically modified organisms
regulated through Emergency Ordinance no. 43/2007 complies with the
community legislative stipulations, and also completes these stipulations. The
labeling and wrapping of genetically modified organisms marketed as
actual products or as components of other products is mandatory in all stages
of the marketing, being made in accordance with the national and community
legislation. For the products in the case of which the traces of genetically
modified organisms, whether they are accidental or whose presence is
technically inevitable, cannot be excluded, a minimal threshold (depending
on the product) under which these products are not labeled, shall be
established. This minimum threshold is 0.9%, also implying the proof of the
fact that these traces are accidental or technically inevitable, and that all
measures have been taken in order to avoid the presence of this genetically
modified organism.
1

The free circulation regarding the marketing of genetically modified
organisms, as actual products or as components of other products, complies
with the community stipulations. Thus, their free circulation cannot be
forbidden, restricted or prevented. The free circulation can be restricted, as
an exception, when the competent authority has come into possession of new
or complementary information, or reevaluates the existing information based
on new or additional scientific data, and has well-founded reasons to consider
that a genetically modified organism, as actual products or as components of
other products, previously licensed, presents a risk for human health or
environment. This safeguarding clause can limit the validity period of the
license, or can temporarily restrict or forbid the use and/or sale of this
genetically modified organism. Moreover, the competent authority provides
the updating of the public regarding this new information. However, the final

1
Section 9, Chapter III, Art. 40, Emergency Ordinance no. 43/2007.

153
decision concerning the application of the safeguarding clause shall be taken
at community level.
1

As for the consultation of the public, Emergency Ordinance no.
43/2007 transposes the community stipulations providing the fact that: in
order to facilitate the consultation procedure of the public, organized by the
European Commission, the competent authority publishes on their website
and in mass-media, the summary of the notification and the information
intended for the public. Law no. 247/2009 excludes mass-media, as an
information support for the public consultation. The public can send their
comments to the competent authority, within 30 days, via e-mail or mail,
with confirmation upon receipt, and can consult the notification file, except
for the confidential data, based on a letter sent to the competent authority.
When the duration established for receiving the comments of the public has
ended, the competent authority prepares a summary of the comments, which
is sent to the central public authority for environment protection, in order to
decide upon the organization of public debates or not.
2

The commission for biological security and the central public authority
for environment protection do not reveal to third parties any confidential
information which is notified or which could make the object of an
exchange of information based on the present emergency ordinance, and
protect the intellectual property rights related to the received data. As for the
confidential information, the Romanian legislation completely observes the
community stipulations.
3

What Emergency Ordinance no. 43/2007 brings extra as compared to the
community legislation is the regulation of the accidental presence of a
genetically modified organism. Thus, the central public authorities for food

1
Chapter III, Section 10, Art. 41 i Section 11, Art. 42 Emergency Ordinance no. 43/2007.
2
3
Section 1, Chapter IV, Art. 43, Emergency Ordinance no. 43/2007.

154
safety, agriculture, consumers protection, and each operator in this field take
action, according to their competences, in order to avoid the accidental
presence of genetically modified organisms in other products, according to
the provisions of the community and national legislation in force.
1

As for the consultation of the ethics committees or exchange of
information and their reporting to the European Commission, Emergency
Ordinance no. 43/2007 completely transposes the community stipulations.
2

As a conclusion, as far as the marketing of genetically modified
organisms, as actual products or as components of other products, is
concerned, the Romanian legislation (through Emergency Ordinance
no. 43/2007 approved and modified by Law no. 247/2009) completely
transposes the community stipulations (Directive 2001/18/CE of the
European Parliament and Council), also bringing additions to the latter.
3

1
Section 3, Chapter IV, Art. 45, Emergency Ordinance no. 43/2007.
2
Chapter IV, Section 5, Art. 47 and Section 6, Art. 48 Emergency Ordinance no. 43/2007.
3
Murean L., Gheorghe C. A.: European Legislative Perspectives regarding Products
Containing Genetically Modified Organisms, between Consumers Protection and
Environment Protection. In Proceedings of International Conference: Present and Future
Challenges of the Common EU Policies, 23 May 2008, Braov, pp. 245-252.

155
CHAPTER X
THE LEGISLATION REGARDING
THE PROTECTION OF THE BANKING
SERVICES CONSUMERS, EXPRESSION OF
THE CORPORATE SOCIAL RESPONSIBILITY
1. General aspects regarding
the corporate social responsibility
The social responsibility of the commercial companies is a moral
liability, a voluntary liability of the respective commercial companies
regarding the interaction of their own activity with: the natural environment,
clients/consumers, own employees.
In order to understand the term social responsibility of the commercial
companies, the stakeholder term must be explained.
The stakeholder term derives from the following terms: stake meaning
interest, holder meaning owner, both English terms. The stakeholders are
those categories of persons who have an interest in the development of the
activity of the respective commercial company.
The stakeholders are divided into two main categories:
a external stakeholders including business partners, suppliers,
consumers, local communities, natural environment, future
generations,

156
b. internal stakeholders including employees, shareholders, and
managers/owners.
1

We shall further on consider the relation between the banking
commercial companies and their main external stakeholders consumers.
2. The relation between the banking commercial companies
in Romania and the corporate social responsibility
The commercial banking companies have a very important role in the
commercial field, especially in the relations with the consumers (natural
persons); for this reason, we will try to briefly describe this special type of
commercial company.
The commercial banking company is defined
2
as the commercial
company which has a specific object of activity, i.e. fund attraction from
natural and legal persons, under the form of deposits or non-negotiable
instruments, payable at sight or fixed term, as well as credit granting. Besides
these main activities, a bank can perform several banking services,
represented by the related operations. Thus, the only element strikingly
differentiating a commercial banking company from another commercial
company is the object of activity.

1
Racola-Paina N. D., Mateescu V. M.: Responsabilitatea social intern i producia de tip
lohn. Studiu de caz: o ntreprindere mic, cu capital strin, din industria confeciilor.
(Internal social responsibility and lohn type production. Case study: a small enterprise, with
foreign capital, in the confection industry) n Management & Marketing Nr. 3/2006, Editura
Economic, Bucureti. pp. 99-100.
2
Gheorghe C. A.: Drept bancar. (Bank law) Editura C.H. Beck, Bucureti. 2006, pp. 3, 7,
17, 61-62.

157
The commercial banking companies are universal credit institutions.
Legally, these are joint-stock companies, according to the commercial
legislation and to Government Emergency Ordinance no. 99/2006.
1

Thus, the banking commercial company is constituted under the form of
a commercial joint-stock company. The main differences between another
commercial joint-stock company and a banking commercial company are the
restriction, in the case of the banking commercial company, of the object of
the cash contribution made by the partner, and the minimum amount of the
social capital of 37,000,000 lei, much higher as compared to the rest of
commercial joint-stock companies for which the minimum amount of the
social capital is 100,000 lei.
As far as the commercial joint-stock company is concerned, it is
considered
2
as being the most complex and most evolved form of commercial
company. In the case of this type of company, the contributions of the
partners are more important than their personal features. In general, the
partners make their contribution to the social capital, without operating any
activity within the company. These contributions are also important for the
third parties, as the liability of the partners for the social obligations is
restricted to these contributions. Due to the importance of the contributions to
the social capital and blurring of the partners personal features, the joint-
stock company is also known as an anonymous company.
The commercial joint-stock company is intended to accomplish great
businesses requiring significant capitals. This type of commercial company is
conceived in order to form great capitals, required for the achievement of far-

1
Murean L., Gheorghe C. A., Poincu C.: Elemente de dreptul afacerilor. (Elements of
business law) Editura Universitii Transilvania din Braov. 2007, p. 98.
2
revizuit i adugit. Editura Universul Juridic, Bucureti. 2007, pp. 317-371.

158
reaching investments. For this purpose, the joint-stock company is authorized
to appeal to the public subscription.
Due to the importance of the activity performed by the commercial
banking companies, they are constituted only under the form of commercial
joint-stock companies. Moreover, the commercial banking companies, due to
their size, always have a marketing department. Thus, we can check whether
their marketing strategies are or are not socially responsible, although a few
of these commercial banking companies perform philanthropic activities
labeled as socially responsible activities.
The banks are organized as commercial companies, and pursue the
obtaining of a profit. By means of this purpose, the banks do not distinguish
themselves from other commercial companies; the difference consists in the
ways of achieving the purpose in mind. However, the profit is not the only
factor which must be considered by the banks in establishing their investment
policy. They are obliged to provide an active balance between profitability,
liquidity and risk.
1

The commercial banks perform all types of banking operations. The main
operations remain however the deposit constitution and their use for the
purpose of granting credits to the traders legal persons and consumers
natural persons.
Thus, the bank has as its main function the concrete mediation by
resource attraction and its redistribution in the economic circulation. Money
and credit can form the object of the circulation, i.e. the object of certain
commercial operations.
The Romanian banking system is made up, on the one hand, of the
National Bank of Romania, the central bank of Romania, whose activity is

1
17, 61-62.

159
regulated by the B.N.R. Statute Law no. 312 of 2004 , and the banks
constituted as commercial companies, according to Law no. 31 of 1990
regarding the commercial companies and G.E.O. no. 99 of 2006.
1

The commercial activity performed by the banks is mainly controlled by
the National Bank of Romania.
In their relation to the banks, the National Bank of Romania performs
crediting operations for the banks; establishes the crediting conditions and
costs; opens an account for each bank; monitors the payment systems; can
provide compensation, storing, discounting and payment services, as well as
data and information collection and issuance services, for the purpose of
preventing and restricting risks. One of the most important activities
performed by the BNR in relation to the banks is their prudential supervision,
expressed by means of the exclusive competence to authorize the operation of
the banks, and through the fact that B.N.R. is responsible for the prudential
supervision of the credit institutions which they have authorized to operate.
After they have been subject to the constitution control and operation
authorization, the banks must be and continue to be controlled. This control
considers the assumed risks which must not endanger the solvability of the
respective bank and the credibility of others. At community level, the quality
of the prudential control performed by the competent authority of each
member state is mutually acknowledged, by harmonizing the prudential
control rules.
The abuse of the banks operating on the Romanian market towards the
banking service consumers, has determined the recent modification of the
consumer protection legislation. Thus, Emergency Ordinance no. 174 of
19.11.2008 for the modification and completion of normative documents

1
17, 61-62.

160
regarding the consumer protection
1
modifies, first of all, Government
Ordinance no. 21/1992 regarding consumer protection, republished in 2008.
Thus, at art. 2 of Government Ordinance no. 21/1992, three new definitions
are included.
The total cost of the consumer credit includes all costs, including interest,
commissions, taxes and any other type of costs which must be borne by the
consumer, related to the credit contract, and which are known by the creditor,
except for the notarial fees. The related service costs concerning the credit
contract, especially the insurance bonuses are also included here, in case the
obtaining of the credit is conditioned by the conclusion of a service contract.
The total value payable by the consumer represents the sum between the
total value of the credit and the total cost of the credit for the consumer. The
total value of the credit represents the ceiling or the total amounts made
available based on a credit contract.
Emergency ordinance no. 174/2008 adds two new articles 92 and 93,
according to which the banking service consumers are protected.
Thus, any form of publicity related to the credit contracts indicating an
interest rate or any other figures regarding the credit cost for the consumer
shall include the following standard information: the interest rate related to
the credit, fixed and/or variable, together with information related to any
costs included in the total credit cost for the consumer; total credit value;
actual annual interest, according to the specific legal stipulations; duration of
the credit contract and total value payable by the consumer.
The previously presented definitions explain the extent of these
obligations in the field of the publicity performed by the banking commercial
companies operating on the Romanian market. Moreover, in the case of any

1
Emergency Ordinance no. 174 of 19.11.2008 for the modification and completion of
normative documents related to the consumer protection, published in the Official J ournal
no. 795 of 27.11.2008.

161
form of publicity, the information related to costs shall visibly be written and
easy to read, in the same visual area, and with characters of the same size. In
the cases in which, in order to be granted the credit, the consumer is obliged
to conclude an insurance contract, this shall be mentioned in the publicity.
As for the contracts concluded by the banks with the consumers, the
banks are obliged to comply with certain rules to be presented next. Contracts
shall be prepared in writing, visibly and easy to read, with a font size of
minimum 10, on paper or other durable support, in at least two copies, an
original being distributed to each party; the background color of the paper on
which the contract is prepared must contrast with the one of the used font.
The interests, as well as all commissions, fees, tariffs, bank expenses or
any other costs related to the granting and development of the contract, i.e.
services regarding which the consumer does not have the freedom to choose,
shall be mentioned in the contract, without aiming at the general business
conditions of the bank, list of tariffs and commissions or any other document.
If an anticipated refund right is provided, the anticipated refund
commission of the credit is determined in close connection to the losses of
the creditor related to the anticipated refund, and must not be a
disproportionate obstacle in the exertion of the consumers right to early
refund the credit.
In the credit/deposit contract, the costs related to the administration, cash
withdrawal and/or deposit related to the current account, which are the
consumers task, shall also be mentioned, if the banking commercial
company collects such commissions.
Moreover, without prejudicing the stipulations related to the modification
of the interest, during the development of the contract, it is forbidden to
increase the commissions, fees, tariffs, banking expenses or any other costs
mentioned in the contract, as well as the introduction and collection of new

162
fees, commissions, tariffs, banking expenses or any other costs which have
not been mentioned in the contract. In the contract signed between the bank
and the consumer, the type of interest, variable and/or fixed shall be
mentioned, and if the interest is fixed only for a period of time, this shall
precisely be mentioned.
In the credit contracts with a variable interest, the variation of the interest
rate must be independent of the will of the banking commercial company,
related to the fluctuations of certain checkable reference indexes, mentioned
in the contract, or to the legislative modifications enforcing this. In this type
of contract, the interest can vary depending on the reference interest of the
bank, on condition that the interest is unique for all financial products
intended for the natural persons of the respective bank, and is not increased
over a certain level, established by the contract. The formula, according to
which the variation of the interest is calculated, must expressly be indicated
in the contract, while mentioning the periodicity and/or conditions under
which the modification of the interest rate occurs, i.e. it increases or
decreases.
The law forbids the contractual clauses allowing the banking commercial
company to unilaterally modify the contractual clauses without signing an
addendum, accepted by the consumer. Any notification related to the
modification of the content of the contractual clauses regarding costs shall be
sent to the consumers with at least 30 days before its coming into force. The
consumer has 15 days from the date the notification is received, to
communicate his option to accept or refuse the new conditions. The failure to
receive an answer from the consumer within the mentioned deadline is not
considered an implicit acceptance.

163
For any modification of the credit cost level, according to the contractual
conditions, the bank is obliged to notify the consumer, depending on his
written option, expressed in the contract, by means of one or several
methods: registered letter, e-mail, SMS, and shall put a new refund schedule
at his disposal. The banking commercial company has the legal obligation to
take action in order to repair, within maximum 15 days, the possible damages
caused to the consumer by means of the failure to observe the obligations
assumed according to the contract, and prove the measures taken in this
respect.
The credit contract shall necessarily contain a stipulation according to
which the consumer is informed on being reported to the Credit Office,
Banking Risk Central Offices, and/or to other existing institutions, in case the
consumer is late in paying his due installments, if there is such a reporting
obligation.
When the contract is terminated, including by completion, cancelation or
unilateral denunciation from the consumer, the banking commercial company
shall offer the consumer, free of charge, a document certifying the fact that
all the obligations between the parties have been solved. At the same time,
the accounts related to the main financial service supplied shall also be
closed, without requiring the submission of another request by the consumer,
and without the payment of additional costs.
The infringement of the previously presented legal dispositions is
sanctioned with a civil fine from 5.000 to 50.000 lei. It can be noticed that the
value of the sanctions applied to the banks are higher in case the legal
provisions for the banking service consumer protection are infringed.

164
These new legal regulations of the Romanian banking activity are a
reaction of the state to the irresponsible and unethical actions of the banks.
We have previously presented in detail the situations which have legally
been regulated in the field of banking service consumer protection because
these have been determined by the abusive commercial activity of the banks.
In other words, each situation which has been provided in the normative
document, and shall be sanctioned in case of breach, has been based on at
least one case of abusive infringement of the ethical principles.
It is sad to notice that the banks have not been aware of the fact that, if
they had complied with certain ethical principles in their relation with the
consumers, these principles would not legally have been sanctioned, i.e. they
would not have been protected by the state. Ultimately, the significant
sanctions to which the banks expose themselves at present if they continue to
perform an unethical commercial activity are a consequence of the flagrant
and repeated infringement of the ethics principles in the field of the consumer
protection so far.
1

1
Murean L., Gheorghe C. A.: The Relation between the Romanian Commercial Banking
Companies and the Corporate Social Responsibility. Bulletin of the Transilvania University
of Braov, Vol. 2 (51) 2009 Series VII Social Sciences and Law , pp. 207-212.

165
Bibliography
Books / Articles
1. Abbott K., Pendlebury N., Wardman K.: Business Law. 7
th
Edition, Editure
Continium, London. 2002.
2. Alexandru I.: Administraia public teorii, realiti, perspective. (Public
Administration - theories, facts, perspectives) Editura Lumina Lex, Bucureti.
1999.
3. Beleiu G.: Drept civil romn. (Romanian civil law) Editura ansa SRL,
Bucureti. 1993.
4. Bodu S.: Drept comercial completat cu noiunile fundamentale de drept civil.
(Commercial Law completed with fundamental notions of civil law) Editura
Rosetti. Bucureti, 2005.
5. Boroi G.: Drept civil. Partea general. Persoanele. (Civil law. General part.
The subjects) Editura All Beck, Bucureti. 2001.
6. Crpenaru S. D.: Drept comercial romn. (Romanian commercial law) Ediia a
VI-a revizuit i adugit. Editura Universul Juridic, Bucureti. 2007.
7. Diaconescu M.: Cadrul juridic al marketingului. (The legal framework for
marketing) n Florescu C., Mlcomete P., Pop N. Al. (coordonatori):
8. Djuvara M.: Teoria general a dreptului drept raional, izvoare i drept
pozitiv. (The general theory of law rational law, sources and positive law)
Editura All, Bucureti, 1995.
9. Drguin M.: Asociaii ale consumatorilor. (Consumer Associations) n
Florescu C., Mlcomete P., Pop N. Al. (coordonatori): Marketing. Dicionar
explicativ. Editura Economic, Bucureti. 2003, pp. 68-69.
10. Duu M.: Dreptul mediului. (Environment Law) Editura C.H. Beck,
Bucureti. 2007.

166
11. Duu M.: Principii i instituii comunitare de drept comunitar al mediului.
(Principles and community institutions of community environmental law)
Editura Economic, Bucureti. 2005.
12. Duu M.: Tratat de dreptul mediului. (Environmental law treaty) Editura
C.H. Beck, Bucureti. 2007.
13. Finescu I. N.: Curs de drept comercial. (Commercial law course) Vol 1,
Editat de Al. Th Doivescu, Bucureti. 1929.
14. Fuerea A.: Drept comunitar european. Partea general. (European
community law. General part) Editura All Beck, Bucureti. 2003.
15. Florescu C., Mlcomete P., Pop N. Al. (coordonatori): Marketing. Dicionar
explicativ. (Marketing. Explanatory Dictionary) Editura Economic, Bucureti.
2003.
16. Georgescu I. L.: Drept comercial romn. (Romanian commercial law)
Vol. 1, Editura All Beck, Bucureti. 2002.
17. Gertz R.: Access to Environmental Information and the German Blue Angel
Lessons to be Learned?. European Environmental Law Review volume.

10,
October 2004, Blackwell Publishing, p. 268.
18. Gheorghe C. A.: Drept bancar. (Bank law) Editura C.H. Beck, Bucureti.
2006.
19. Guillien V. R.: Droit public et droit prive. Melanges Brethe de la Gressaye,
1967.
20. Hawkins D. I., Best R. J ., Coney K. A.: Consumer Behavior. Building
Marketing Strategy. Mc Graw Hill, Boston. 1998.
21. Kotler Ph., Wong V., Saunders J ., Armstrong G.: Principles of Marketing.
Fourth european edition. Pretice Hall, Harlow. 2005.
22. Matsushita M., Schoenbaum T. J ., Mavroidis P. C.: The Word Trade
Organization. Law, Practice and Policy. Oxford University Press, 2003.
23. Mlcomete O.: Etichet. (Label) n Florescu C., Mlcomete P., Pop N. Al.
(coordonatori): Marketing. Dicionar explicativ. Editura Economic, Bucureti.
2003, p. 240.

167
24. Micescu I.: Curs de drept civil. (Civil law course) Editura All Beck,
Bucureti. 2000.
25. Ministerul Mediului i Dezvoltrii Durabile (Institutul Naional de
Cercetare-Dezvoltare pentru Protecia Mediului): Consumai Eco. Produsele
etichetate ecologic. Bucureti, 2008, pp. 1-13.
Cercetare-Dezvoltare pentru Protecia Mediului): Eticheta ecologic. Ghidul
produselor de consum i serviciilor etichetate ecologic. Bucureti, 2008,
pp. 4-9.
Cercetare-Dezvoltare pentru Protecia Mediului): Eticheta ecologic
european. Instrument al dezvoltrii durabile. Bucureti, 2008.
28. Murean L., Gheorghe C. A., Poincu C.: Elemente de dreptul afacerilor.
(Elements of business law) Editura Universitii Transilvania din Braov. 2007.
29. Murean L., Gheorghe C. A.: European Legislative Perspectives regarding
Products Containing Genetically Modified Organisms, between Consumers
Protection and Environment Protection. In Proceedings of International
Conference: Present and Future Challenges of the Common EU Policies, 23
May 2008, Braov, pp. 245-252.
30. Murean L., Gheorghe C. A.: The Relation between the Romanian
Commercial Banking Companies and the Corporate Social Responsibility.
Bulletin of the Transilvania University of Braov, Vol. 2 (51) 2009 Series
VII Social Sciences and Law , pp. 207-212.
31. Murean L., Neacu A. N., Madar A.: Risks and Implications of Genetically
Modified Products. in The 4th Edition of the International Scientific
Conference: European Integration New Challenges for the Romanian
Economy, May 30-31, 2008, Oradea, publicat n Analele Universitii din
Oradea, pp. 417-421.
32. Murean L., Neacu A. N.: Etichetarea ecologic. (Ecological labeling) n
Zilele medicale ale Braovului, 7-8 Decembrie 2007, publicat n J urnalul
medical braovean nr. 4 din 2007, pp. 13-15.

168
33. Murean L., Poincu C.: The Harmonization of the Romanian Legislation
with the European Legislation in the Field of Genetically Modified Organism.
In Proceeding of 6th International Conference Challenges in Higher Education
and Research in the 21-st Century, 4-7 J une 2008, Sozopol, Bulgaria,
pp. 684-689.
34. Murean L.: Elemente de dreptul mediului. (Elements regarding
environmental law) Editura Universitii Transilvania din Braov. 2007.
35. Murean L., Poincu C.: Afaceri. Pespective juridice si economice.
(Business. Juridic and economic perspective), Editura Universitii
Transilvania din Braov, 2008.
36. Murean L.: Etic i responsabilitate social n marketing. Aspecte
economice i juridice. (Ethics and social responsibility in marketing. Economic
and juridical aspects) Editura C.H. Beck, 2010.
37. Murean L.: Etic i responsabilitate social n domeniul marketingului.
(Ethics and social responsibility in marketing domain) Tez de doctorat (PhD
thesis) Universitatea Transilvania din Braov. 2010.
38. Murzea C., Murean L.: Ecobrand - The Ecological Label. Bulletin of the
Transilvania University of Braov, Vol. 14 (49) 2007, pp. 593-596.
39. Murzea C., Murean L.: The protection of the ecological food consumers - a
social responsibility of the commercial companies. in Proceedings of the
International Scientific Conference: Bioatlas, May 27-30, 2009, Braov,
published in J ournal of EcoAgro Turism vol. 6 (2010), nr. 3 (20) pp. 149-154.
40. Murzea C., Murean L.: The social responsibility of the commercial
companies manufacturing non-food ecological products, or performing
ecological services in their relation to the environment and their own
consumers. in Proceedings of the International Scientific Conference: Bioatlas,
May 27-30, 2009, Braov, publicat n J ournal of EcoAgro Turism vol. 6
(2010), nr. 3 (20) pp. 155-159.
41. Murzea C.: Noiuni de drept civil. (Notions regarding civil law) Editura
EMA, Braov. 2000.

169
42. Patriche D.: Consumerism. n Florescu C., Mlcomete P., Pop N. Al.
(coordonatori): Marketing. Dicionar explicativ. Editura Economic, Bucureti.
2003, p. 169.
43. Patriche D.: Drepturi ale consumatorului, ale utilizatorului. (Consumer,
user rights) n Florescu C., Mlcomete P., Pop N. Al. (coordonatori):
44. Patriche D.: Protecie a consumatorului. (Consumer protection) n Florescu
C., Mlcomete P., Pop N. Al. (coordonatori): Marketing. Dicionar explicativ.
Editura Economic, Bucureti. 2003, p. 579.
45. Poenaru E.: Drept civil. Teoria general. Persoanele. (Civil law. General
theory. The subjects) Editura Dacia Europa Nova, Lugoj. 2001.
46. Popa V. V.: Drept civil. Partea general. Persoanele. (Civil law. General
part. The subjects) Editura All Beck, Bucureti. 2005.
47. Popa N.: Teoria general a dreptului. (General theory on law) Editura
Actami, Bucureti. 1994.
48. Priscaru V. I.: Tratat de drept administrativ romn. (Treaty on Romanian
administrative law) Editura Lumina Lex, Bucureti. 2002.
49. Racola-Paina N. D., Mateescu V. M.: Responsabilitatea social intern i
producia de tip lohn. Studiu de caz: o ntreprindere mic, cu capital strin, din
industria confeciilor. (Internal social responsibility and lohn type production.
Case study: a small enterprise, with foreign capital, in the confection industry)
n Management & Marketing Nr. 3/2006, Editura Economic, Bucureti.
pp. 99-110.
50. Rosler H.: The Rationale for European Trade Mark Protection. in European
Intellectual Property Review vol. 29 Issue 3 March 2007, pp. 100-106.
51. Schiau I.: Curs de drept comercial. (Commercial law course) Editura
Rosetti, Bucureti. 2004.
52. Spltorie auto ecologic mobil fr utilizarea apei.
http://www.spalatoriefaraapa.ro/spa/ ?page_id=2
53. Ungureanu O.: Drept civil. Introducere. (Civil law. Introduction) Editura All
Beck, Bucureti. 2000.

170
Legislation
54. Regulation No 66/2010 of the European Parliament and of the Council of 25
November 2009 on the EU Ecolabel published in the Official J ournal of the
European Communities L 27 of 30 J anuary 2010.
55. Council Regulation No 834/2007 of 28 J une 2007 on organic production and
labelling of organic products published in the Official J ournal of the European
Communities L 18 of 20 J uly 2007.
56. Regulation No 1946/2003 of the European Parliament and of the Council of
15 J uly 2003 on transboundary movements of genetically modified organisms
published in the Official J ournal of the European Communities L 287 of 5
November 2003.
57. Regulation No 1980/2000 of the European Parliament and of the Council of
17 J uly 2000 on a revised Community eco-label award scheme published in the
Official J ournal of the European Communities L 237 of 21 September 2000.
58. Directive 2001/18/EC of the European Parliament and of the Council of 12
March 2001 on the deliberate release into the environment of genetically
modified organisms published in the Official J ournal of the European
Communities L 106 of 17 April 2001.
59. Law no. 247 of 30 J une 2009 for the approval of the Government
Emergency Ordinance no. 43/2007 regarding the deliberate introduction into
the environment and on the market of the GMOs published in the Official
J ournal no. 472 of 30 J une 2009.
60. Law no. 46 of 19 March 2008 on Forest Code published in the Official
J ournal no. 238 of 27 March 2008.
61. Law no. 296 of 28 J une 2004 regarding the Consumption Code republished
in the Official J ournal no. 224 of 24 March 2008.
62. Law no. 449 of 2003 regarding product sale and product guarantee
republished in the Official Journal no. 347 of 6 May 2008.
63. Law no. 53 of 2003 on Labour Code published in the Official J ournal no. 72
of 5 February 2003.

171
64. Law no. 31 of 1990 on commercial companies republished in the Official
J ournal no. 1066 of 17 November 2004.
65. Government Emergency Ordinance no. 174 of 19 November 2008 for the
modification and completion of normative documents regarding the consumer
protection published in the Official J ournal no. 795 of 27 November 2008.
66. Government Emergency Ordinance no. 42 of 16 April 2008 on
establishment, organization and functioning of the National Office of
Romanian Traditional and Ecological Romanian Products published in the
Official J ournal no. 305 of 18 April 2008.
67. Government Emergency Ordinance no. 43 of 23 May 2007 regarding the
deliberate bringing into the environment and market of the genetically modified
organisms published in the Official J ournal no. 435 of 28 J une 2007.
68. Government Emergency Ordinance no. 195 of 22 December 2005 regarding
environment protection published in the Official J ournal no. 1196 of 30
December 2005.
69. Government Emergency Ordinance no. 34 of 17 April 2000 reading the
ecological agricultural food products published in the Official J ournal no. 172
of 21 April 2000.
70. Government Decision no. 112 of 27 February 2009 on organization and
functioning of the National Environmental Guard published in the Official
J ournal no. 121 of 27 February 2009.
71. Government Decision no. 748 of 11 J uly 2007 on organization and
functioning of the ANPC published in the Official J ournal no. 480 of 18 J uly
2007.
72. Government Decision no. 236 of 7 March 2007 regarding the establishment
of enforcement measures on application of the Regulation No 1980/2000 of the
European Parliament and of the Council of 17 J uly 2000 on a revised
Community eco-label award scheme, published in the Official J ournal no. 184
of 16 March 2007.
73. Government Decision no. 189 of 28 February 2002 regarding the
establishment of the procedure for granting the ecological label published in
the Official J ournal no. 166 of 8 March 2002.

172
74. Order of the National Authority for the Consumer Protection no. 448 of 7
J uly 2009.
75. Order of the Ministry of Environment and Water Management no. 55 of
2007 related to the establishment of the National Registry of Information
regarding the genetic modifications in the genetically modified organisms, and
sending the information to the European Commission published in the Official
J ournal no. 81 of 1 February 2007.

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Cristinel MURZEA

Laura MUREAN Cristian POINCU

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