Cuprins lb. engleză

Contents

EDITORIAL

Gabriel Caian – Today justice and truth game

INTERVIEWS – About Justice and Judges

Interviews with writers Jorge Majfud and Alfonso Gumucio-Dagron

ATTITUDES

Stefaan Voet, Marcel Storme – The experience of institutional judicial reform in Belgium: new organs administering the judicial system

Wayne McCormack – The independence of judiciary in the USA: victim of “terrorism declared war”

Paul Marcus – Judges Talking to Jurors in Criminal Cases: Why U.S. Judges do it so Differently from Just About Everyone Else [Article in English]

Brian Opeskin – The State of the Judicature: A Statistical Profile of Australian Courts and Judges [Article in English]

LEGAL STUDIES

Anamaria Groza – The typology of measures having equivalent effect to quantitative restrictions on the free movement of goods within the EU

Ioana-Maria Cîmpean – The Diplomatic Guarantees and the Protection of Human Rights

Adrian Boantă, Diana Chibulcutean, Iulia Diana David – The Ability of the European Court of Human Rights to Ensure Effective Access to its Proceedings for People with Disabilities [Article in English]

Ivan Georgiev – Legal Framework of Detention in Custody or Imprisonment of Minors or Juveniles under the Legislation of Republic of Bulgaria (Some Possibilities for Applying Foster Care as an Alternative Measure) [Article in English]

JURISPRUDENCE

Of recent case law of the European Court of Human Rights

1. Decision of inadmissibility in case of Lefter against Romania. The regularization procedure of the application for summons under the new Code of Civil Procedure. No violation of art. 6 and 13 of the Convention (with presentation of Roxana Calin)

2. The decision of inadmissibility in case of Stefan Sorin Rosca Stanescu against Romania. The lack of interference with freedom of expression as a journalist if the Minister of Justice asked not to adjudicate on issues related to justice since he was the subject of criminal proceedings (with presentation of Dragos Calin)

3. Serious allegations made through the media against a public prosecutor regarding alleged corruption and forgery of some indictments – violation of article 8 of the Convention in case of Lavric against Romania (with presentation and note of Vasile Bozesan)

4. The decision of inadmissibility in case of Agneta Majtenyi and Ildiko Majteneyi against Romania. No violation of the principle of legal certainty in the event of a single final judgment rendered in the opposite direction in case of the applicants (with presentation of Roxana Călin)

5. The decision of inadmissibility in case of Pro Social Assistance Union against Romania. No violation of art. 6 par. 1 of the Convention, due to the refusal of the Court of Appeal Timisoara to send a preliminary question to the Court of Justice of the European Union (with presentation of Dragos Calin)

6. Judgment in case of Baka against Hungary. Changing the plaintiff from the position of President of the Supreme Court of Hungary, through transitional rules of a new law, passed by Parliament, following the expression of critical opinions about the constitutional and legislative reforms aiming the judiciary and the rule of law, is a violation of freedom of expression (with introduction and note of Gabriel Caian)

7. No violation of freedom of movement of a minor who was denied leaving the country on the grounds that the presidential ordinance to refill the consent of his father, although it was enforceable, was not final – case of Şandru against Romania (with presentation and note of Vasile Bozesan)

8. The decision of of inadmissibility in case of Ralu Traian Filip against Romania. Journalist obliged to damages for a media campaign. The fact that the same court ruled successively two appeals in the same case does not raise an issue in the realm of of art. 6 ECHR, provided the existence of separate panels of judges (with presentation of Dragoş Călin)

Of recent case law of the Court of Justice of the European Union

1. European citizenship. New developments in case-law regarding right of residence for third-country nationals, family members of a Union citizen

2. Free movement of goods. Refusal of registration of vehicles of which steering system is located on the right, in a Member State of which road traffic drives on the left

3. National rules that constitute obstacles to freedom of establishment

(selections and comments by Anamaria Groza)

Of recent case law in the field of the judiciary and magistrates status:

1. Invocation of an alleged discriminatory treatment of candidates for the promotion contest as a judge at the High Court of Cassation and Justice. The condition of non-disciplinary sanction during the whole magistracy career

2. Settlement of appointing a prosecutor as a judge. Human resources policy is the exclusive attribute of the Superior Council of Magistracy, reported on the rationale and needs of the judiciary

3. Turning to account applications submitted by candidates for the examination for promotion to execution positions have priority when they come into competition with transfer requests of candidates who have been admitted to the competition for place promotion and do not have priority when they come into competition with other applications transfer made ​​by other judges or prosecutors than those who have passed the competition for place

4. Promotion to execution positions of judges and prosecutors. The principle decision of the Plenum of C.S.M. through which was stated as being able the use in the turning to account procedure of vacant positions with a later expiry date of turning to account deadline, but as a result of measures ordered within that time, concerns cases where vacant positions of some judges or prosecutor is certain and is disposed within the period of turning to account procedure, becoming effective after expiration of that date

5. Maintaining office of the judges after retirement age is optional. Positive endorsement of this is conditioned by the existence of certain circumstances, being a means of efficient use of human resources available of the judicial system, which requires that the judge maintained to be able to operate effectively

6. Promotion contest to execution positions of judges and prosecutors. Failure to ensure the confidentiality of the name of the candidate in the contest procedure. Absence of any obligation in the case The appeal committee at the scale scoring

7. Promoting contest as a judge at the High Court of Cassation and Justice. Individual evaluation sheets and the summary sheet can not be challenged on the path of ​​illegality plea,  not being individual administrative acts likely to produce legal effects within the meaning of of art. 2 par. (1). c) of Law no. 554/2004. No contest rules provides that the assessment and points will be given by members of the Plenum through the adoption of a decision to be appealed separately by grounds of illegality

8. Turning to account the result obtained by a judge in the promotion contest to execution positions. The fulfillment requirements laid down in Article 27 of the SCM Plenum Decision nr. 621/2006 may be considered at a different section of the court opted for enrollment, but the same specialization

(selections of Paula-Andrada Coţovanu and Dragoş Călin)

PRESENTATIONS

1. Volume “European Court of Human Rights in cases against Romania – 2013. Analysis, consequences, potentially responsible authorities (IX)” University Publishing House, Bucharest, 2014

2. Two. Volume “Judicial cooperation in civil and commercial matters in the European Union”, Ed CH Beck, Bucharest, 2014

3. The book “Limits to freedom of expression. Politicians, journalists, magistrates. Comments and jurisprudence” Hamangiu Publishing, Bucharest, 2014

FUNNY REGISTRY

Annulment of a request for summons filed against 150 national and international institutions and personalities of the whole world


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