Revista Forumul Judecătorilor

Contents

EDITORIAL

Bridge over the centuries

Constantin D. Aricescu – High Court before public [reprint of 1866, Bucharest, Printing Workers Associate, Pasagiulu Românu]

ATTITUDES

Gabriel Caian – International standards of the right to know the truth

Emir Crowne – Judicial “Copying” does not affect Independence or Impartiality: Supreme Court of Canada [Article in English]

Kenneth D. Chestek – Competing Stories: A Case Study of the Role of Narrative Reasoning in Judicial Decisions [Article in English]

David Tan – What do Judges Know about Contemporary Art?: Richard Prince and reimagining the Fair Use Test in Copyright Law [Article in English]

Tonja Jacobi, Eugene Kontorovich – Why Judges Always Vote [Article in English]

Mihaela Amoos Piguet – Partisan Election of Judges, Dangers and Palliative [Article in French]

Diana P. Popa – A Better Understanding of How to Become a Lawyer in Canada: Regulations and Implementation [Article in English]

Cristin N. Popa – Improving Human Resources Management in the Canadian Criminal Justice System [Article in English]

LEGAL STUDIES

Victor Horia Dimitrie Constantinescu – Application of the jurisprudential revival Al-Khawaja and Tahery v. United Kingdom and the retrial at national level of applicant Tahery case. The case of Bobeş v. Romania regarding the lack of hearing of prejudiced society representative

George-Marius Mara – Interference with the right to free expression. Incrimination insult and libel considerations in Romanian criminal law.

Mihai Şandru – European attitude through which does not draw a preliminary ruling. About opportunities of EU law in relation to companies

Tsvetelina Karjeva, Ivan Georgiev – Problems of Application of Bulgarian Law on Protection from Domestic Violence [Article in English]

CASE-LAW

Recent case law of the European Court of Human Rights

1. Application of a criminal fine and an order that the plaintiff to pay damages for libel committed through the press “without national court to pay attention to context” in which the statements were made – violation of art. 6 and 10 of Convention in the case of Niculescu-Dellakeza v. Romania (with note of Vasile Bozeşan)

2. No violation of the principle of legal certainty in the case of six final decisions rendered contrary to the decision of the High Court of Cassation and Justice given in an appeal on points of law – inadmissibility decision in the case of Dumitru David and other seven applicants v. Romania (with presentation of Dragoș Călin)

3. No discrimination in the special inability of foreigners and stateless to acquire ownership of private land in the territory of Romania, prior to the 2013 constitutional revision – inadmissibility decision in the case of Helmut Merschdorf and others v. Romania (with presentation of Dragoș Călin)

Recent case law of the Court of Justice of the European Union

1. Regulation (EC) no. 44/2001. The recognition of a judgment given in another Member State. Situation where the judgment is irreconcilable with an earlier judgment given in the same Member State between the same parties and in the case regarding the same cause.

2. Integration of digital fingerprints in passports. Although their sampling and storage in the passport is an interference with the right to private life and the right to protection of personal data, these measures are still justified to prevent fraudulent use of passports.

3. Article 183 of Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that it precludes a taxpayer who requested repayment of the excess added tax value paid upstream can not get the default interest from the administration of one Member State for late repayment made ​​ by this administration for a period in which administrative acts were in force and excluded reimbursement, acts which were subsequently canceled by a judicial decision. (selections of Anamaria Groza and Dragoş Călin)

Recent case law in the field of the judiciary and magistrates` status:

1. Conduct of the procedure for electing members of the Superior Council of Magistracy. As a rule, court management boards fulfill the role of local electoral committees, but among their powers does not fall the one laid down the art. 5 para. 8 of SCM Decision no. 327/2005, therefore can’t be appointed the most senior judge part of the local electoral committee to preside over the general assembly of judges.

2. The continuation of the competition procedure for promotion to a vacant execution position at the Iaşi Court of Appeal – Administrative and Fiscal Claims Section, following the removal of the cause that led to the suspension of the procedure. Lack of legal regulation as a potential conflict of interest situation where members have the status of judges in the same court in which the contest is organized.

3. Deputy General Prosecutor’s Office attached to the High Court of Cassation and Justice may participate in meetings of the Section for prosecutors and SCM Plenum, during the vacancy of the General Prosecutor attached to the High Court of Cassation and Justice

(selections of Paula-Andrada Coţovanu and Dragoş Călin)

Recent case law of the foreign courts:

1. Court of Cassation in Italy – Tax Section, Decision no. 24017 of 23.10.2013. Italian actress Sophia Loren won the case in court, in a case that lasted for almost 40 years, against the Italian tax authorities, who complained that he filed a false tax return in 1974. (translation and note of Monica Adriana Marinescu)

2. The judgment of the Constitutional Court of the Republic of Moldova on 5 December 2013 concerning the interpretation of art. 13 para. (1) of the Constitution in conjunction with the Preamble to the Constitution and the Declaration of Independence of the Republic of Moldova. The official language of the Republic of Moldova is “the Romanian”.

PRESENTATIONS

International Conference “Mediation, a social choice”, Aix-en-Provence, France, the 4-6’th July 2013.

HAPPY REGISTRY

Allen Ray Heckard v. Michael Jordan – Civil suit complaint for moral damages caused by the harassment from the public because the plaintiff looks like the basketball star

REVIEWS

Geoffrey C. Hazard Jr., Douglas W. Pinto Jr. – Moral Foundation of American Law: Faith, Virtue and Mores, Intersentia, 2013 (book review by Evgeni Georgiev)