Revista Forumul Judecătorilor

Contents

INTERVIEWS – About Justice and Judges

Interviews with Mr Marc Levy and Mr Marc Trévidic

ATTITUDES

Ronald D. Rotunda – Judicial Transparency, Judicial Ethics and a Judicial Solution: An Inspector General for the Courts

Jed Handelsman Shugerman – Economic Crisis and the Rise of Judicial Elections and Judicial Review

Stephen J. Choi, Mitu Gulati, Mirya Holman – Judging Women

Fabrizio Amato – Equal Opportunities in the Italian Magistracy: Some Proposals

John McClellan Marshall – Qualifications, Appointment and Inherent Powers of American Judges

Tomasz Posluszny – The Responsibility of the Judges for Criminal and Administrative Offences – The Corrective Responsibility of the Judges

JURIDICAL STUDIES

Alexandra Neagu – De minimis non curat praetor or the New Role of the European Court of Human Rights

Lucreţia Albertina Postelnicu – The Preemptive Rights of the Estate Assets Creditors in the Framework of the Existing and Future Civil Code. Comparative Law Issues

Ionuț Militaru, Serena Militaru – Relationship between the Duty of a Client Concerning the Payment of the Lawyer’s Success Fee and the Duty of the Unsuccessful Party to Bear the Trial Costs

Florin Mihăiţă – Remarks on the Admissibility of the Appeal against Enforcement in Securities related Cases. Distinction of the Opposition against Enforcement

CASE-LAW

Decision of the Constitutional Court No 1449 of 4 November 2010 pertaining a constitutional challenge of Article 44 (1) of the Law No 317/2004 concerning the Superior Council of Magistracy (SCM). The position of the sections of the SCM as judicial bodies in the field of corrective responsibility of judges and prosecutors

Taking effect of the results of promotion contest. Judges and prosecutors fulfilling the conditions provided in Article 27 of the Decision of the SCM Plenary No 621/21 September 2006, that were not promoted as a lack of available positions, may be promoted in the positions becoming available chosen at the enrolment, during a period of 6 months from the date the results are notified

Subsequently the Law No 304/2004 concerning the organization of the judiciary was amended by the Emergency Government Ordinance No 56/2009, the prosecutors that were active in the Directorate for Investigating Organized Crime and Terrorism and in the National Anticorruption Directorate, respectively, reemployed at the original Prosecutor’s Office where they were active, may not obtain the ranking of prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, even if the were appoint under the previous law

By including a position that will become available, during an unknown period of time, in the class of the positions assigned by contest, the Article 43 of the Law No 303/2004 is liable to be disregarded, as the rights recognized by the SCM for those who has acquired a professional ranking and have the right to a transfer to a corresponding position might be encroached

PRESENTATIONS

International conference “The ECHR judgments concerning Romania and Republic of Moldova. Analysis, consequences, potentially liable authorities for the period 1994-2010. Developments in the national framework concerning the nationalized immovable property and other system malfunctions”, Bucharest, 10 May 2011

Conference “Comparative law milestones concerning profession in the judiciary”, Braşov, 21-23 March 2011

FUNNY REGISTRY

Order of the General Court of the European Union (Forth Chamber) of 4 April 2011. “Action on the failure to act – Manifest lack of competence – Right to damages” in Case T-133/11 Fundaţia Pro Fondbis – 1946 Semper v European Court of Human Rights

Order of the General Court of the European Union (Sixth Chamber) of 21 March 2011 „Manifest lack of competence – Right to damages” in Case T-47/11 Petrişor Mandu v Romania

Palace of Justice in Paris enters the world of advertising