Revista Forumul Judecătorilor

Contents

EDITORIAL – BRIDGE OVER CENTURIES

Constantin N. Brăiloiu – Circular of the Minister of Justice Courts for the prosecutors around the Tribunals and around the Courts beyond the river Milcovu and for Presidents of the Tribunals and of the Courts beyond the river Milcovu [reprint of Judicial Gazette no. 49 of 10 February 1862]

ATTITUDES

Miguel Schor – Constitutional Dialogue and Judicial Supremacy

Norman Dorsen – The selection of U.S. Supreme Court justices

Eli Wald – Should Judges Regulate Lawyers?

Eric Miller – Judging in Bad Faith

Frederick Schauer – Is it Important to be Important? Evaluating the Supreme Court’s Case-Selection Process

Jaime Octávio Cardona Ferreira – Brief Reflection about Restorative Justice 2011 by the Light of the Portuguese Legislation

LEGAL STUDIES

Victor Constantinescu – Regularity and Legality of the Indictment Notification Act. Awards. Jurisprudential Guidelines. The New Criminal Procedure Code.

Gabriel Caian – Human Rights and the Terrorism

Victor Constantinescu – Citirea declaraţiilor date în timpul urmăririi penale şi dreptul acuzatului de a interoga martorii acuzării. Cauza Al-Khawaja şi Tahery împotriva Regatului Unit

Giovanna Di Bartolo – The role of Family Mediation in Cross-Border Conflict with Specific Reference to the Brussels Regulation 2003 and the Hague Conventions of 1980 and 1996

CASE-LAW

Recent jurisprudence of the European Court of Human Rights:

1. Case of Tănăsoaică against Romania, Decision on Admissibility from 13.12.2011 – The Obligation for Journalists Publishing Information Obtained from Third Parties – Carla Anghelescu – INM legal auditor

2. Ţehanciuc against Romania – Automatic Suspension from fhe Function of a Person who is Sent before the Court does not Violate the Presumption of Innocence – Victor Constantinescu – INM legalauditor

3. The 25% salary cut by the Law. 118/2010 is Compatible with Art. 1 of Protocol. 1 Additional to the Convention – the Dcision on Admissibility in the Cases Mihăieş Felicia and Adrian Gabriel Senteş v. Romania – Dragos Calin, Judge Court of Appeal

The reading of the Statements Given during the Criminal Investigation and the Defendant’s Right to Question Witnesses brought against him. Case Al-Khawaja and Tahery v. the United Kingdom – Victor Constantinescu, auditor of justice NIM

Recent jurisprudence of the Court of Justice of the European Union:

Intellectual property. The Information Society. The courts may require online providers to stop and to prevent violations of intellectual property rights committed by the market managed by them.

Exclusion of State liability for damage caused to individuals in breach of EU law, where that breach is the result of interpreting the rules of law, assessing the facts and evidence by a court of last instance is contrary to EU law. Limitation of Liability for damage caused to individuals by the state courts of last instance, the application of Union law, in cases of willful and serious misconduct is contrary to EU law.

Intellectual property. Public communication of a work involves communication to an audience that is not present in the place of communication, without any communication of a work made directly, made in a place open to the public, through any form of performance or direct presentation of the work.

Aviation. Definition of “cancellation” of a flight including applies to an aircraft that took off, but for whatever reason, did not reach the destination airport. In case of a canceled flight, passengers are entitled to covermoral damages that they suffered.

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Person who is affected by publication of information on a website accessible in several Member States can act,an action for damages, courts at the place of the publisher or the information center of his, asking all of the damage created. However, this person may bring an action for damages in the courts of Member States in which the website was accessible, in which case he could not obtain only cover damage caused in those Member States. Providers of electronic commerce can not be applied, in principle, when they operate in other Member States than fixing more stringent than those resulting from the substantive law of the State of establishment.

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Social policy. A difference in treatment between a person who is employed, including the civil service, withfixed-term employment contract and another person who is employed on indefinite employment contract can be justified only by the duration of labor first person. A difference in treatment between the two categories of persons can substantiate only specific analysis of the tasks they have returned during the service.

Recent case law in matters of judicial organization and status of judges:

Registration for participation in a promotional contest, with the option of the “promoting effective” can be achieved only if there is, at time of registration, vacancies allocated to the court, namely at the public prosecutor which is chosen by entering the contest.

Lack of discrimination, conditions of the contest promotion. Although military judges are independent and irremovable and they have the rights and obligations under the Statute of the magistrate, however, to become a military judge it is required the quality of active officer in the Ministry of Defence and promotion can be done only in military courts

Disciplinary. Prescription of the disciplinary liability prevents the analysis in substance, in terms of existence / nonexistence of the facts, in terms of their consequences and other relevant factors in determining the existence / non existence of guilt of the people who were subjects of the prior conduct / disciplinary.

Trainer at The National Institute of Magistracy. The quality of judges and prosecutors, elected as member of the CSM is compatible with the position of trainer for the National Institute of Magistracy. This activity can be performed without the need for deployment.

Maternity allowance is calculated and paid by each employer to persons who are included in the health insurance system that domicile or residence in Romania, persons which operates in more than one employer, under individual employment contract or under service report. For non-pecuniary damage suffered by the deed of the employer to not pay maternity allowance, the applicant is held to prove the percentage, according art.1169 of the Civil Code.

PRESENTATIONS

What justice for France? 31 personalities answer at the questions concerning the French preocupations, Editions L’Harmattan, Paris, 2012

FUNNY

Orders of the Court of Justice of the European Union (Sixth Chamber) of 14 December 2011 Victor Cozman cases (C 462/11), the National Police Corps (C 434/11) and Budan Boncea and others (C 483/11 and C 484/11)