Contents no. 4/2009 EDITORIAL Dragos Calin – The Romanian Magistracy. Quo vadis? Interviews with judges Gracieuse Lacoste, Miguel Carmona Ruano and Irena Piotrowski Interview with Mr. Claudiu Ilisei, former Romanian prosecutor, lawyer in New Zealand ATTITUDES Ciprian Coadă – Recent Interests Concerning the Evaluation Standards of the Work of Magistrates and the Appropriate Sizing of Personnel Schemes Roxana Maria Lăcătuşu – Questionnaire on the Status of Judges – the Secondment to Other Institutions, the Regulation of the Remuneration, the Application of a Code of Ethics and Magistrates’ Liability Vincent Vigneau – The Role of the French Court of Cassation John Lande – Processes of Deliberation by the Judges and of Making Decisions in Disputes Edward K. Cheng – The Myth of the Generalist Judge Denis Salas – Justice Between Memory and History Alex Kozinski – Reflecting on Death JURIDICAL STUDIES Vlad Ţari – A Compared Study Between the Agreement of Deposit and the Penalty Clause Lucian Cosmin Manoloiu – The Right to Privacy and Family Life in the Romanian Criminal Procedural Law in the Light of the European Convention on Human Rights and the European and National Jurisprudence. The Wire Tappings and the Audio or Video Recordings Amalia Cecilia Moleanu – The Use of the Interceptions and the Recording of Telephone Conversations Obtained Under a Warrant on Means for National Security in the Criminal Trial Dan Manea, Vlad Tari – Opinions about the effects of the decision of the Constitutional Court to repeal art. 205 and 206 from the Criminal Code CASE LAW The Judgement of the European Court of Human Rights in the Case of Olujić v. Croatia on 05/02/2009 Amalia Cecilia Moleanu – The Preventive Arrest. Corruption. Flagrant. Challenge. Evidence illegally obtained The Refusal to Pay the Amounts Required for the Payment of Staff Salaries of the National Institute of Magistracy and the National School of Law Clerks. The Ministry of Public Finance and any Other Authority, Have no Power to Censor the Way to Determine the Remuneration of Magistrates and of the Assimilated Personnel Promoting at the Court of Appeal. Each Applicant may Submit Only One Option about the Kind of Promotion, the Court or Prosecutor’s Office where They Seek Promotion, respectively, the Department They are Opting for – The High Court of Cassation and Justice – The Chamber of Administrative and Fiscal Contentious, Decision no. 2455/08.05.2009, file no. 10154/1/2008 The Participation in the Contest for Promotion to Higher Courts and Prosecution Offices. The Lack of Professional Evaluation – The High Court of Cassation and Justice – The Chamber of Administrative and Fiscal Contentious, Decision no. 52/09.01.2009, file no. 8514/1/2008 United States Supreme Court, van de Kamp and plaintiffs v. Goldstein, hearing at the United States Court of Appeals for the Ninth Circuit United States Supreme Court, John van de Kamp and plaintiffs v. Thomas Lee Goldstein, The Order of Hearing at the United States Court of Appeals for the Ninth Circuit FUNNY REGISTRY The Ordinance of the President of the Court of First Instance of 11th September 2009, “Legal aid” in Case T 334/09 AJ, Alexander Roman against Romania Constitutional Court Case no. 12 of October 26th, 2009 about the Litigation Concerning the Rejection of the Registration of Mr. N. Toteanu’s Application in the elections of the Romanian President in 2009 PRESENTATIONS Conference on The Freedom of Expression of the magistrates. Limitations and vulnerabilities. Short report EU Magistrates` Association
INTERVIEW
Véronique Malbec – The General Inspection of the Judicial Service in France: Organization and Mission