Contents
| EDITORIAL – Bridge over the centuries
George Costaforu, „Introduction”, Magasinu Judecătorescu, brochure no. 1, Bucharest, Colețiului Typography, 1855, p. I-V INTERVIEWS – About Justice and Judges Interviews with Alexander N. Chumakov, Milton J. Nieuwsma și Fahredin Shehu ATTITUDES Leigh Goodmark – “Law and Justice Are Not Always the Same”: Creating Community-Based Justice Forums for People Subjected to Intimate Partner Abuse [Article in English] Marie A. Failinger – Parallel Justice: Creating Causes of Action for Mandatory Mediation [Article in English] Jason Mazzone – When the Supreme Court is not “Supreme” LEGAL STUDIES Sergiu-Leon Rus – The trial at first instance of administrative disputes under the New Civil Procedure Code Gabriel Caian – Police and Human Rights JURISPRUDENCE Of recent case law of the European Court of Human Rights 1. The decision on inadmissibility in the case of Ion Sgaibă against Romania. Non-exhaustion of domestic remedies, when invoking for the first time the lack of impartiality of judges of the court of appeal only through an appeal for annulment against the irrevocable decision that settled the case. (Dragos Calin presentation) 2. The decision on inadmissibility in the case ofStănculescu and Chițac against Romania. Length of about eight years of criminal proceedings concerning the investigation and prosecution of facts of December 1989 is not contrary to Convention. (Vasile Bozeșan presentation) Of recent case law of the Court of Justice of the European Union I. New jurisprudential developments on consumer protection 1. A marked change of jurisprudence on abusive clauses 2. The exclusive material competence for actions having as object the invalidity of abusive clauses 3. The obligations to provide pre-contractual information and to check the creditworthiness of the borrower in the case the consumer loan II. Elements of the minimum wage concerning posted workers: towards a more social view? III. Hospital treatment provided in another Member State. Refusal to issue a prior authorization. Lack of medicines and medical supplies of prime necessity. Court of Justice judgment in the case of Petru (C-268/13). IV. Equal treatment with regard to employment. The principle of non-discrimination on grounds of age. The principle of non-discrimination on grounds of handicap (obesity). (Anamaria Groza selections and comments) Of recent case law in the field of the judiciary and magistrates status 1. Affecting the status of judge / prosecutor by extending suspension effects from office disposed under art. 62 para. (1) of Law no. 303/2004. These consist only of non-payment of salary during the suspension, failure to take account of that period in determining seniority in the judiciary, respectively the inapplicability of prohibitions and incompatibilities provided in Art. 5 and Art. 8 of the same law. |
2. During the posting or appointment to another public office, the judge retains its capacity, which is why are applicable the provisions of Law no. 303/2004 on the statute of judges and prosecutors.
3. The contest for promoting to execution positions of judges and prosecutors. The report of committee solving the appeals to scale and motivation and the report complaints cannot be circumscribed to the concept of administrative act, in the sense of individual unilateral act issued by a public authority, in regime of public power in order to organize law enforcement or the actual enforcement of the law, which gives rise to, modify or extinguish legal relationships. 4. Regulation on organization and holding of promotion of judges and prosecutors. Requirements of objectivity and predictability. The possibility to file contestations to the scale, settlement deadline, the way of solving contestations and the effects of different solutions that can be adopted following the settlement of contestations to scale. 5. As regards the selection procedure for National Institute of Magistracy trainers, Law no. 304/2004 contains no provision, which shows the legislature’s intention to grant a wide margin of discretion of the competent authority, the Superior Council of Magistracy, concerning the normative administrative act content that shall be adopted for this purpose. 6. Given the fact that applicant has submitted his resignation from the post held before finalization of the admission contest to the magistracy, therefore before to make sure that he will be appointed as prosecutor, is obvious the absence of any causal link between the annulled administrative act through which it was rejected for the admission contest for magistracy, and the damage regarding the deprivation of income. (Dragoș Călin and Paula-Andrada Coțovanu selections) REVIEWS 1. „The judgments of European Court of Human Rights in cases against Romania – 2014. Analysis, consequences, potentially responsible authorities (X)” volume, University Publishing, Bucharest, 2015, ISBN 978-606-28-0178-6 2. „Police and human rights. Judgments of European Court of Human Rights in cases against Romania” volume, University Publishing, Bucharest, 2015, ISBN 978-606-28-0174-8 3. „Social law. Judgments of European Court of Human Rights in cases against Romania”, University Publishing, Bucharest, 2015, ISBN 978-606-28-0176-2 4. „Recent case law in the matter of judicial organization and status of magistrates” volume, second edition, University Publishing, Bucharest, 2015, ISBN 978-606-28-0216-5 5. „The judicial practice in the matter of contestations against decisions of the courts leading boards” volume, University, Bucharest, 2015, ISBN 978-606-28-0173-1 6. „Mediation, a path of peace for justice in Europe” volume, Éditions l’Harmattan, Paris, ISBN 978-2-343-06148-1 HAPPY REGISTRY Judgment reasoned in lyrics. Anderson Greenwood and Company v. National Labor Relations Board, United States Court of Appeals, Fifth Circuit. October 9, 1979 |