CONTENTS ISSUE 2/2009 EDITORIAL Gabriel Caian – Dispair as a Procedural Exception – a Dilatory or a Peremptory exception? ATTITUDES Narcis Violin Stoica – Possibility of Magistrates Professional Body to Involve in Issuing a Coherent Legislation. The Role of Professional Associations. Iaşi Magistrates Association’ s (A.M.I’s) Experience Dana Gîrbovan – The Protection and Anticorruption Independent Serivce. A Story about Justice and Secret Services. Vito Monetti – Public Authorities’ Illegalities. Institutional Answers of Italian Experience Antonio Cluny – Justice in Portugal: Ideological Commitment and Democratic Conquest Stavros Mantakiozidis – Enchained Democracy. The Recent Experience of Greece Eric Alt – The Judgement’s Quality Miguel Carmona Ruano, José Mouraz Lopez, Maria Giuliana Civinini – Pledge Regarding Magistrates Formation Cristi Danileţ – The Ethic and Deontological Professional Conduct in Justice Sergiu-Leon Rus – The Legal Nature and the Effects of the Term of Filing the Disciplinary Action against Magistrates JURIDICAL STUDIES Dragoş Călin – The Effects of a Recent Decision of the Constitutional Court Andreea Vasile, Ionuţ Militaru – The Petition of Ejectment Based on OUG no. 40/1999 in the Highlights of the European Court of Human Rights’ Case-Law Cristina Ben Ezra – A Few Allegations Regarding Romania’s Statement of Acceptance of CJEC’s (The Court of Justice of the European Communities) Jurisdiction of Refrences for Preliminary Rulings based on article 35 parag. 3 of European Union Treaty Eric Alt – The Balance between Economic and Social Rights in the Court of Justice of the European Communities’ Case-Law Alexandra Carmen Lăncrănjan – Violation of the Presumption of Innocence in Official Statements of the State’s Representatives Lucian Cosmin Manoloiu – Critical View on Decision no. 9⁄2009 of the High Court of Cassation and Justice – Reunited in Joint Sections Regarding an Appeal in the Interest of Law Dana Cigan – A Suggestion Regarding the General Theory of Property Rights over Other Person’s Assets Karima Zouaoui – The Situation in France regarding Ethnical and Religious Discrimination: a Typical Example of the French Paradox of Notions of Law and Rights CASE-LAW Mattel INC vs. MCA Records Mattel, Inc. v. MCA Records, Inc. 296 F.3d 894, United States Court of Appeals, Ninth Circuit, July 24, 2002, Opinion Alex Kozinski, Circuit Judge: If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong. Administrative Decision of Founding a Data-Base Regarding the Magistrates’ Violations of the Deontological Code. Illegality. Excelling of the Constitutional Attributions of the High Council of Magistracy. The Professional Files of Judges and Prosecutors in function, and of Former Judges and Prosecutors. The Extent of Information of Public Interest. Information Regarding Professional Evolution, Marks Granted in View of Professional Evaluation and Disciplinary Sanctions. Specialized Judges. The Criterion Taken into Account in order to Select Judges between Courts’ Sections. Administrative Act. Annulment of the Steering Committee Decision. PRESENTATIONS Mehmet Ruşen Gültekin – Brief Information on YARSAV. A Few Allegations Concerning the Structure of the Judicial System and the Courts of Turkey Daniel-Mihail Şandru – The Centre of European Law Studies (CELS) REVIEWS Gilles Charbonnier, Orla Sheehy – The panorama of the Judicial Systems in European Union, Bruylant, Bruxelles, 2008, reviewed by Ionuţ Militaru FUNNY REGISTRY 2007 February 26 Sentencing Memorandum by Judge Gregory R. Todd, in the Case of Montana v. Andrew McCormack From the Drafts of the American Jurors…