Cuprins lb. engleză

Contents

EDITORIAL

Bridge over the centuries – George Costaforu,Introduction to “Criminal codex”, Magasinu Judecătorescu, volume II, Bucharest, State Printing, Șerban-Vodă Hotel, 1872, p. I-XIV

Gabriel Caian – Magistrates and personal development

INTERVIEWS – About Justice and Judges

Interviews with Italian writers Stefano Benni,Giuseppe Conte and Erri de Luca

ATTITUDES

Marie-Jane Ody – The judge of the 21st century: a breath that will not prevent asphyxia [Article in French]

Chao Xi – Local Courts as Legislators? Judicial Lawmaking by Subnational Courts in China [Article in English]

Justin Desautels-Stein – The Judge and the Drone[Article in English]

Raymond J. McKoski – Disqualifying Judges when their Impartiality Might Reasonably be Questioned: Moving Beyond a Failed Standard [Article in English]

LEGAL STUDIES

Ionuț Militaru – Loss of entitlement to special retirement benefit as a result of crime. Conditions resulting from the ECHR jurisprudence for its conformity with art.1 of Protocol no. 1 Additional to the Convention.

Marius Armașu – The extended seizure. Comparative analysis between the current regulation and changes imposed by Directive 2014/42 / EU, of the European Convention on Human Rights perspective.

Ionuț Borlan – Regularization procedure of application for summons and representation or assistance of the parties by a lawyer required for extraordinary appeals. Compatibility with standards of the European Court of Human Rights on the right of access to justice.

Stela Pelican – Ensuring the reasonable time in civil proceedings. The task of national judge: between conventional standard and other risks

JURISPRUDENCE

Of recent case law of the European Court of Human Rights

1. The judgment of the Grand Chamber of the ECHR on July 17, 2014 in case of Legal Resources Center (in the name of Valentin Câmpeanu) against Romania – application no. 47848/08

2. Case of Dhahbi against Italy. Court’s obligation to give reasons for refusing to carry a preliminary ruling to the Court of Justice of the European Union. Violation of art.6 par.1 of the Convention (with presentation of Dragos Calin)

3. Decision of inadmissibility in case of Elena Petraşcuagainst Romania. No infringement of Art.6 par.1 of the Convention, in the event that the court qualified the appeal called by the party as being extraordinary appeal, after the parties were given the opportunity, at a public hearing, to defend themselves on this matter (with presentation of Roxana Maria Calin)

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

I. Nature and contents of judicial review by the Court of Justice of the European Union on competition cases (presentation and commentary on the Court’s judgment of 10 July 2014 Case C-295/12 P).

II. The right of free movement and residence of persons in the European Union – a constantly changing (selections and comments of Anamaria Groza)

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

1. The Regulation on access of prosecutors and assistant magistrates of the High Court of Cassation and Justice to state secrets and classified information secret service. The condition of signing a written commitment.

2. The prohibition of judges and prosecutors to be associate or member of the administrative, management or control of legal persons that can not be extended to the investor to exchange financial instruments traded on other outside actions, in the absence of legal provisions to establish such a ban

3. Suspension of enforcement SCM Plenum decision on listing the number of votes obtained by each candidate in the general assemblies, to elect a member. The condition of being appointed a judge of the court where his actual activity takes place and where is entitled to vote.

4. Professional evaluation of a public servant expert within an appellate court, made at the date of its entry into parental leave and childcare, meets the legal provisions relating to conditions that are required to be met for inclusion and participation in a promotion exam professional degree.

5. Insufficient motivation of psychological examination reports and arbitrary arising from the lack of transparency, full credibility and equality in the psychological examination and re-examination of a candidate in the admission magistracy entrance contest. The copy-paste system. Absolutely identical psychological report with the one prepared after reviewing, but also with that of another candidate, even on punctuation.

6. Revocation of an administrative act by which is being held non-compliance of conditions of appointment as a prosecutor does not automatically lead to the conclusion that these conditions are met for the appointment of the prosecutor. In the case of magistracy entrance contest examination, the condition of being psychologically fit is a condition of appointment as a judge or prosecutor.

7. The fact that a judge or a prosecutor who received a disciplinary sanction for a violation committed after the entry into force of Law no. 303/2004 is removed / banned any intention to promote as a judge of High Court of Cassation and Justice is not likely to affect any fundamental right. However, activation of disciplinary sanctions rendered before the entry into force of Law no. 303/2004 acquires significance civil law principle of non-retroactivity, since, by its nature, a disciplinary sanction, once implemented, can produce other consequences and future impacts, except as provided at the time of its disposition. (selections of Paula-Andrada Coţovanu and Dragoş Călin)

GREFA VESELĂ

State of Indiana, Blackford Circuit Court, Order issued by the court on 25 August 2014 to require wearing socks by the lawyer in the courtroom


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