CONTENTS ISSUE 4/2010 INTERVIEWS – About Justice and Judges Interviews with Mrs. Nicolae Manolescu, Dan Culcer, Mihai-Răzvan Ungureanu, Vladimir Tismăneanu, Victor Neumann and Horia Colibășanu
ATTITUDES Katalin-Barbara Kibedi – Mediation in Romania, a Call for a Cultural Dialogue Anca-Elisabeta Ciucă, Constantin-Adi Gavrilă – The Mediation Profession in Romania Béatrice Brenneur – The Relationship between Mediation and Courts. The French Experience Dessislava Djarova – The Development of Mediation in Bulgaria Isabelle Bieri – Mediation and Conciliation or Alternative Dispute Resolution of Litigations in the Swiss Legal Order René Constant – The Judicial Mediation in Belgium Marta Nagy – Experiences on a Testing Program of Judicial Mediation in Hungary Jaime Octávio Cardona Ferreira – Mediation in Portugal Isidro Niñerola Gimenez – Mediation in Spain Birane Ndiaye Cissokho – Mediation in Senegal
JURIDICAL STUDIES Dana Irina – Mediation in the New Criminal Procedure Code Dan Manea, Ionuţ Militaru – The Main Changes provided by Law no. 202/2010 in Civil Matters Gabriel Caian – New Elements in the Regulation of Corruption Offenses Lucian Manoloiu – Successional Indignity of the Deceased Killer’s Relatives Dragoș Călin – Admission Fee in Mamaia Summer Resort Sergiu Leon Rus – Private Life of the Magistrates in the Recent Case Law of the European Court of Human Rights Oscar G. Chase and George W. Mustes – “Acting” Judges and the Problem of Judicial Independence
CASE LAW Reversed Precedents. Appointment of prosecutors to DIICOT or DNA entitles them to work in these specialized entities, but not the appropriate professional degree for the Prosecutor Office by the High Court. Refusal to recognize the level of appellate court judge. Discrimination. The decisions relied on that case is the decision that can not take legal effect only inter partes litigantes Recognition of professional level appeals court judge, following the appointment to the position of assistant magistrate at the High Court for Justice. The Jurisdiction of the Section for judges, not to the Superior Council of Magistracy Plenum. Vocation of candidates who could not be promoted due to lack of vacancies. The term of six months for the results. Cancellation of the section 1 of the Decision. 15/2008 of the President Financial Control Department, subsequently – Court of Auditors. Inspection report. The obligation of the Superior Council of Magistracy to quantify the real rights of plaintiffs. Suspension of validating the results of the competition or examination for appointment of the first prosecutors. Evidence of fraud. Unjustified refusal of the Ministry of Finance for granting visa / permit to make opening credits for partial payment of enforceable titles according to Governement Decision no. 422/2010. United States Court of Appeals for the Ninth District, Karen Golinski Case file no. 09-80173 et ux., November 19, 2009 United States Court of Appeals for the Ninth District, Order Karen Golinski file no. 09-80173 et ux., November 19, 2009
PRESENTATIONS The International Conference „Mediation in the EU. Situation and Perspectives„, Bucharest, 29 October 2010 Craiova Mediation Center
HAPPY REGISTRY Order of the Court of First Instance of the European Communities of 13 March 2008 in Case 504/07, Agafiţei Neculai against Romania, regarding an action against a decision of the Council of Judgement taken against the applicant