CONTENTS ISSUE 1/2009 EDITORIAL Dragoş Călin – Time to Act Lavinia Lefterache – Brief Comments Regarding the Impact of the Criminal Proceeding Law on the Judiciary System Adrian Neacşu – 2009, the Year of Judges’ Unionisation? ATTITUDES Ionuţ Militaru – Truth or Challenge: Respecting the Independence of Justice Ciprian Coadă – Current Priorities of the Judiciary System in the Context of the Reform Strategy Adrian Neacşu – Improving the Transparency in the High Council of Magistracy Activities. The Solution of the Civil Society and of the Professional Environment Cristi Danileţ – The High Council of Magistracy – Illegal Prerogatives Concerning the Magistrates’ Ethics Adrian Neacşu – Full Publishment of the Judgements Adrian Neacşu – Jurindex – the Index of the National Caselaw Paula-Andrada Coţovanu, Cristi Danileţ – Magistrates’ Remuneration – a Condition for the Independence of Justice Dragoş Călin, Sergiu-Leon Rus – The Discrimination Caused by the Caselaw of the High Court of Cassation and Justice Concerning the Professional Rank of the Prosecutors of the National Anticorruption Directorate and the Directorate for Investigation of Organised Crimes and Terrorism Activities Roxana Lăcătuşu, Ionuţ Militaru – Contradictory Caselaw in Interpreting the Legal Stipulations Concerning the Probation Magistrates’ Remuneration Roxana Lăcătuşu, Angelica Cruceanu – Magistrates’ Recruitment – a Condition of their Independence Horaţius Dumbravă, Dragoş Călin – The Transfer of Judges and Prosecutors to other Public Authorities than the Courts and to Public Institutions Antoanela Florescu, Dragoş Călin – Carrying the Same Position of Judge in another Member State of the European Union. Compatibility Lord Justice Thomas – Perspectives on the Councils for the Judiciary Gabriel Caian – The Level and the Evolution of Corruption in Romania Reflected in Official and Independent Reports Horaţius Dumbravă, Dragoş Călin – The Evolution of the Judicial System in Romania during the Past 60 Years Marius Bulancea – Independence of Magistrates as a Guarantee to Reduce Political Corruption. Specific Case of Prosecutors in Romania Dragoş Călin – The Independence of the Magistracy and the Fight Against Corruption Dana Cigan – The Place and the Role of Judges and Prosecutors in a Democratic State Adina Daria Lupea – U.S. Judicial System JURIDICAL STUDIES Dragoş Călin, Horaţius Dumbravă – Discussions about the Constitutionality of art. 55 paragraph 1 and 2, Law 304/2004 Amalia-Cecilia Moleanu – The Evidence Concerning the Crimes of Corruption. The Challenge. The “Denouncing” Witness Cristi Danileţ, Dragoş Călin – Judicial Confusions between the Council of Europe and the European Union Simona Kovács – Foreign Citizens’ Right to Obtain the Property of the Lands by Means of the Legal Reconstitution in their Capacity of Successors of the Former Owner Dragoş Călin, Alina Manuela Tăruş – Preliminary Order. The Inadmissibility of the Appeal Cristi Danileţ – The “Gobrunov” Case – the Suspension of Imprisonment Enforcement Laura Curcio – Discriminations Caused by the Differences of Race and Ethnic Origin REVIEWS Mihai Selegean – Dragoş Bogdan, The Preventive Detention and the Imprisonment in ECHR Caselaw PRESENTATIONS The National Union Of the Romanian Judges European Magistrates for Democracy and Liberties The Forum of Judges from Oltenia