Pornografia infantilă – legiuitorul european versus legiuitorul naţional –
Child pornography– European legislator versus national legislator –

Summary/Abstract: The paper is focused on analyzing the way in which the national law complies with the provisions of the 5th article and the related ones of the 2011/92/EU Directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA. The main objective of the paper is to point out the lack of compliance of the national provisions with the European ones where appropriate. This analysis is important given the fact that recently, the national law has changed once the new Criminal Code entered into force, and this domain, of sexual abuse and child pornography was seriously amended. One of the main objectives of the national legislator was to ensure that the new Criminal Code would be in accordance with the 2011/92/EU Directive, but there are still some critics that can be made. Also, the paper contains some critics regarding not only the national law but the European legal instrument too, some of the provisions of the Directive violating some fundamental principles like the principle of subsidiary.

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