Considerations regarding the measure of obtaining data generated or processed by providers of publicly available electronic communications networks, detained by them, in the context of decision no. 440/2014 Of the constitutional court

• Author: Andreea Simona Uzlau - Carmen M. Uzlau
• Position: Faculty of legal and administrative sciences, 'Dimitrie Cantemir' Christian University of Bucharest - Faculty of Economics Hyperion University of Bucharest
• Pages: 51-58

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs/index

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2015), pp. 51-58

51

CONSIDERATIONS REGARDING THE MEASURE OF OBTAINING DATA

GENERATED OR PROCESSED BY PROVIDERS OF PUBLICLY AVAILABLE

ELECTRONIC COMMUNICATIONS NETWORKS, DETAINED BY THEM, IN THE

CONTEXT OF DECISION NO. 440/2014 OF THE CONSTITUTIONAL COURT

A. S. Uzlău C. M. Uzlău

Andreea Simona Uzlău

Faculty of legal and administrative sciences,

”Dimitrie Cantemir” Christian University of Bucharest

*Correspondence: Andreea Simona Uzlău, ”Dimitrie Cantemir” Christian University of

Bucharest, Splaiul Unirii Street, No. 146, Bucharest, Romania

E-mail: stoicaandreea76@yahoo.com

Marilena Carmen Uzlău

Faculty of Economics

Hyperion University of Bucharest

*Correspondence: Marilena Carmen Uzlău, Hyperion University of Bucharest, Călăraşilor

Street, No. 169, Bucharest, Romania

E-mail: carmen_uzlau@yahoo.com

Abstract

The work analyzes the practical effects in national plan of the preliminary judgment

delivered by the Court of Justice of the European Union concerning Directive 2006/24/EC on

the retention of data generated or processed by providers of networks and electronic

communications services for the public and amendment of Directive 2002/58/EC and of

decision of the Constitutional Court No. 440 of 8 July 2014

Key words: retention of data, special research methods, the new Code of criminal

procedure

Introduction

The study analyzes the practical effects in national plan of the preliminary judgment

delivered by the Court of Justice of the European Union concerning Directive 2006/24/EC on

the retention of data generated or processed by providers of networks and electronic

communications services for the public and amendment of Directive 2002/58/EC and of

decision of the Constitutional Court No. 440 of 8 July 2014.

The analysis is conducted from the perspective of criminal procedure legislation and

is structured around the main themes arising from this topic, namely the judgment of the

Court of Justice of the European Union, the internal assessment of specific consequences of

the invalidation of the directive, the assessment of the consequences of the decision No.

440/2014 over domestic laws. The study aims to analyze the institution, in order to facilitate

understanding and deepening of it, and to suggest any necessary legislative changes.

1. General context

By the decision of the Court of Justice of the European Union dated on 8 April 2014,

rendered in joined cases C-293/12 (Digital Rights Ireland) and C-594/12 (Seilinger and

others), with the object of interlocutory decision requests issued pursuant to art. 267 of the

Treaty on European Union, the Directive 2006/24/EC on the retention of data generated or