Revista Forumul Judecătorilor

Contents

EDITORIAL

Alex Kozinski – The Dead Past

ATTITUDES

Joanna M. Shepherd – The Politics of Judicial Opposition [English article]

Maurits Barendrecht – Courts, Competition and Innovation [English article]

Michael S. King – Realising the Potential of Judging [English article]

Monroe H. Freedman – The Unconstitutionality of Electing State Judges [English article]

LEGAL STUDIES

Elena Rozalinova, Alexander Angelov, Ivan Georgiev – Jurisdiction, Recognition and Enforcement of Provisional and Protective Measures (International Cooperation in Civil Matters) [English article]

Gabriel Caian, Roxana Maria Călin, Florin Mihăiţă – The decision of the European Court of Human Rights in the case of Dumitru and others v. România. Presentation, analysis and effects

Sanda Elena Lungu, Mihaela Mărgineanu – Shortcomings and difficulties in the regulations on mediation

Roxana Maria Călin – Discussions about mediation law enforcement by courts. Critique of legal provisions

JURISPRUDENCE

Recent case law of the European Court of Human Rights:

1. Lack of jurisprudential conflict itself. Divergent solutions determined by how the courts have considered the circumstances of each case – inadmissibility decision in the case of Stana Neghea and others v. România (with note by Dragoş Călin)

2. The lack of a “deep and persistent” divergence of regarding national courts – inadmissibility decision in the case of Ioan Radu and others v. România (with note by Dragoş Călin)

3. Termination of employment for prolonged absence from work because of arrest – inadmissibility decision in the case of Teodor Octavian Tripon v. România (with note by Dragoş Călin)

4. The obligation to provide detention conditions compatible with human dignity. Unlawful arrest is only exceptionally determined by serious and apparent irregularities. Presumption of innocence – Case prosecutor’s statements in the press – the case of Păvălache v. România (with note by Cristina Bunea)

5. Law no. 221/2009. Compensation for moral damage concerning convictions of political and administrative measures assimilated. Inadmissibility decision in the case of Nastaca Dolca and others v. România (with note by Dragoş Călin)

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

1. The air carrier has the obligation to compensate passengers if they were denied boarding due to reorganization of their flight due to a strike at the airport occurred two days before

2. The fact that a citizen of the Union exercises the function of head of state is capable of justifying a restriction on the right of free movement based on international law

3. Charter of Fundamental Rights does not preclude the Commission to bring the Union’s behalf before a national court, an action for damages suffered by the Union as a result of an agreement or practice contrary to European Union law

4. Radically reduction of the retirement age of Hungarian judges constitute unjustified discrimination on grounds of age

5. The right to paid annual leave may be reduced in proportion to the reduction of working time agreed through a social plan

(selections by Anamaria Groza and Dragoş Călin)

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

1. Refusal of reinstatement as a judge. The requirement that the person should be medically fit

2. Dissolution of the vice president vacant position of the Rădăuţi Court by decision of the C.S.M section of judges. Lack of the proposal of the President of the Court of Appeal Suceava in this regard. Jurisdiction of the Ministry of Justice

3. Article I, section 1 of Decision no. 504/21.07.2011 delivered by the Plenum of C.S.M. The task of management college court to order the distribution of judges from one section to another, in those cases where changing of specialization is justified by an clearly and lasting imbalance between sections in terms of workload

4. Refusal to appoint a prosecutor as a judge. Lack of a thorough analysis of C.S.M Plenum. Taking appropriate action to fill vacancies, reported on the reasons and requirements of judiciary

5. Rejection of the Ministry of Justice request regarding the granting assent to modification of functions and personnel scheme of the Court of Piteşti and Court of Curtea de Argeş by transforming clerk positions with secondary education in graduate clerk positions. Merits

6. The rejection of the plea of illegality against the Order of the Minister of Justice no. 2964/C/22 November 2007, by which was submitted the usage of a space in the building of the National Institute of Magistracy to the Association of Magistrates in Romania

(selections by Paula-Andrada Coţovanu and Dragoş Călin)

PRESENTATIONS

Juridical book launching at the Gaudeamus International Fair, November 24, 2012

“Disease of the Third Power“ documentary

HAPPY REGISTRY

A U.S. Senator sued God under the accusation of “harmful activities and terrorist threats”, relying on passages from the Old Testament. Senator then gave assurances that he is not crazy and that the trial has a noble cause – the fight against a bill meant to limit lawsuits by people such as those listed in the application.