Contents
EDITORIAL – Bridge over centuries
Nicolae Fleva – Our judiciary. Part II [reprint of România liberă no. 2870 from March 11, 1887]
ATTITUDES
Mark Grabowski – Are Technical Difficulties at the Supreme Court Causing a “Disregard of duty”?
Joanna Shepherd – Measuring Maximizing Judges: Empirical Legal Studies, Public Choice Theory, and Judicial Behavior.
Michael H. LeRoy – Do Partisan Elections of Judges Produce Unequal Justice? When Courts Review Employment Arbitrations.
Alex Kozinski – My Pizza with Ninó.
Ann Stewart – Gender and Judging in India.
LEGAL STUDIES
Ionuţ Militaru – About the Compatibility of the Forced Sale Auction with art. 1 of Protocol no. 1 Additional to the European Convention on Human Rights
Camelia Maria Ilie, Delia Narcisa Theohari – Application for judicial review of stamp duty
Victor Constantinescu – Finding the Expiry of Limitation for Criminal Liability by the Court of Last Resort and the Obligation to Respect the Presumption of Innocence.
JURISPRUDENCE
Recent case-law of the European Court of Human Rights:
1. Pensions for military personnel. Reform made by Law no. 119/2010 – inadmissibility decision in case of Constantin Abăluţă and others v. Romania (with note by Dragoş Călin)
2. The principle of equality of arms and the place of the prosecutor in court. Adversarial principle – inadmissibility decision in case of Trăilescu v. Romania (with note by Cristina Bunea)
3. Hearing and detention conditions. Legality of the deprivation of liberty. Presumption of innocence – inadmissibility decision in case of Patriciu v. Romania
4. Appeal on points of law covered by the provisions of art. 329 of the Code of Civil Procedure is an effective way of unifying national jurisprudence – case of Albu and others v. Romania (with note by Alexandra Neagu)
5. Pollution tax. Effects of divergent jurisprudence – inadmissibility decision in joint cases Coriolan Gabriel Ioviţoni and others v. Romania (with note by Dragoş Călin)
Recent case-law of the Court of Justice of the European Union:
1. Access to EU documents. General presumptions which apply to certain categories of documents.
2. Freedom of establishment. Border transformation of a society. Refusal of registration in the Commercial Register of the host Member State.
3. Consumers protection. Legislation of a Member State which prohibits advertising for casinos in other countries if the legal protection of players in these states is equivalent to that guaranteed national.
(selections and notes by Anamaria Groza).
Recent case-law in the field of the judiciary and magistrates status:
1. Conditions for deployment of magistrates in international institutions. The analysis of S.C.M. in addressing a request for posting grafted on statistical data concerning workload and load per judge, vacancies and other postings in relation to the requested, falls within the discretionary power conferred by law.
2. The Judiciary Inspection reply to petitioner, that no facts or circumstances were found to require measures of the S.C.M., is not an administrative act, but an administrative operation that can be disputed together with resolution classifying, issued according to art. 451 par. 5 of Law no. 317/2004.
3. The admissibility of the annulment of a part of the resolution given by the Discipline Commission of prosecutors where are made critical references on professional conduct of a magistrate, even if the final solution for classifying work does not have direct and immediate effects on his career, given that the aspects adduced against the prosecutor as a professional negligence are exclusively the result of „entries appearing in a poor and incomplete criminal record Prosecutor”.
4. Two intentional traffic crimes committed on the road justifies loss of good reputation, in analyzing the fulfilment of this condition, S.C.M. exercising their discretion with the principle of legality and maintaining high standards, in relation to requirements imposed for the exercise of public functions in the judiciary, where public confidence in the integrity and dignity of the judiciary is essential
(selections by Paula Coţovanu).
PRESENTATIONS
„La badante di Bucarest”. A novel by Gianni Caria, Italian prosecutor
HAPPY REGISTRY
Acquittal for the offense of assault. Lack of offensive nature of the word slang „Nestling” (fr. „Poulet” or rom. var. „Sticlete”) used to refer to a police officer. The word has its roots in the nineteenth century, when police sergeants began to carry cap and the police barracks have been moved on the old location of birds market of Paris. The word came into popular language, without a pejorative connotation.