Cuprins lb. engleză

Contents

INTERVIEWS – About Justice and Judges

Interviews with mrs. Sofi Oksanen and Nawal El Saadawi and mr. Jean-Jacques Askenasy, Petar AtanasovJ.M. Coetzee and Julian Săvulescu

ATTITUDES

Shay Lavie – Are Judges Tied to the Past? Evidence from Jurisdiction Cases [Article in English]

Paul van den Hoven The Judge On Facebook; Neglecting A Persistent Ritual? [Article in English]

Richard L. Hasen – The Most Sarcastic Justice [Article in English]

Trevor CW Farrow – What is Access to Justice? [Article in English]

David E. Landau – A Dynamic Theory of Judicial Role [Article in English]

LEGAL STUDIES

Cristinel Ghigheci – Preventive Arrest and Illegal Detention. European Court of Human Rights Perspective

Alexandra Panait – The Applicability of Article 6 of the ECHR in the Business Litigation [Article in French]

JURISPRUDENCE

Of recent case law of the European Court of Human Rights

1. Case of Korošec v. Slovenia. Social security rights granted on account of disability status. The possibility to appeal the conclusions of the medical commission. Violation of equality of arms by refusal to appoint an independent expert in the case

(with presentation and note of Răzvan Anghel)

2. Case of Borcea v. Romania, inadmissibility decision from date of September 22, 2015, application no. 55959/14 – Granting the right to a fair trial by national courts. Transforming the appeal as extraordinary means of appeal. The existence of a clear and predictable legislation on how to apply the more favorable criminal law. Settlement of jurisprudential disputes concerning the more favorable penal law.

(with presentation of Victor Constantinescu)

3. Case of Mitkova v. Former Yugoslav Republic of Macedonia. Conditions of payment the health costs incurred for the medical treatment in another state from social security funds. Lack of prior administrative approval. Absence of a legitimate expectation within the meaning of art. 1 of Protocol 1 Additional to the Convention.

(with presentation and note of Răzvan Anghel)

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

1. Discrimination based on ethnic origin. The installation of electricity meters at a height inaccessible in a neighborhood heavily populated by Roma

2. Work time. Movements that workers who do not have a fixed or usual workplace they perform away from home to the first or last customer of the day

3. Excluding from the benefit of certain social benefits, non-contributory, of Union citizens coming in a Member State to find a job

4. Cancellation of a flight due to unforeseen technical problems. The obligation of air carriers to pay damages to passengers

(selections of Dragoş Călin)

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

1. After leaving the service at the Directorate for Investigating Organized Crime and Terrorism, the prosecutor returns, even over the scheme, to the prosecutor’s office he comes from, and in case he requests the continuation to another prosecutor’s office, where is entitled to operate under law, the application is being considered similar to transfer requests, taking into account the needs of personnel, workload, and the opinion of the prosecutor’s office requesting further work

2. Maintaining of a judge after reaching the retirement age. The criteria set out by CSM Decision No 661/2008. The average load per judge at the court can not be a criticism of the complainant activity, whereas an average load proves that work is carried out within normal limits. The dynamic of job positions at the the court, taken as low, can not in any way constitute a criteria for rejecting the application, the dynamic staff being a matter that is generally reported to the subjective factors

3. Appeal promoted by the Association of Magistrates in Romania against a judgment of the Superior Council of Magistracy that decided the professional degree recognition similar to the Prosecutor’s Office attached to High Court of Cassation and Justice. Lack of interest

4. For settling claims for recovery of promoting contest results to execution positions may be used inclusively posts that became vacant at a later date of expiration of recovery period as a result of measures ordered within the period of recovery of the contest results. Assigning the vacant position to a management position, without legal justification, according to art. 22 of the Rules of Procedure of the courts, has violated the claimant right to have recovered the result of the contest examination for promotion to execution positions

5. Recovery of the result of the promotion to execution positions should not be made solely on the criterion of the average obtained at any of the sections, since regulation does not provide that promotion is made according to specializations, but states that is made according to the choice of the candidate from application and that option refers to specialization and section

6. Opposition to the mark for the professional performances of a prosecutor. Even assuming that the interview is not a step which is at the free option of the evaluation committee, can not be held that failure of this stage conducts to nullity or illegality of the whole procedure, in the absence of express provision to that effect

7. Ensuring compliance with the principles of economy and efficiency in the use of public state resources given in use of National Institute Magistrates.

(selections of Dragoș Călin and Paula-Andrada Coțovanu)

PRESENTATIONS

1. Volume “European Court of Human Rights in cases against Romania”, University Publishing House, Bucharest, 2015, ISBN 978-606-28-0177-9

2. Volume ” Preventive arrest and illegal detention. Judgments of the European Court of Human Rights ruled in cases against Romania”, University Publishing House, Bucharest, 2015, ISBN 978-606-28-0175-5

3. Volume ” Prohibition of discrimination. Judgments of the European Court of Human Rights ruled in cases against Romania”, University Publishing House, Bucharest, 2015, ISBN 978-606-28-0270-7

4. Volume ” The right to a fair trial. Criminal matters. Judgments of the European Court of Human Rights ruled in cases against Romania” (2 vol.), University Publishing House, Bucharest, 2015, ISBN 978-606-28-0271-4

HAPPY REGISTRY

Dismissing a complaint charging that plaintiff, by reason of his illegal incarceration in jail, had been deprived of the office of the President of the United States.


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