New leaders, the same juridical system

New leaders, the same juridical system: The State Law program – South-East Europe of the Foundation Konrad Adenauer announced the launch of the third edition of the leadership project for the young Romanian lawyers – “Leaders for Justice”. In the two years of operation, the program prepared 37 young lawyers for the mission to reform of the system. For the new generation of leaders the first phase of selection continues until 23.10.2011. * * * The Superior Council of Magistracy streamlines the justice by encouraging: The Superior Council of Magistracy released the minute of the Commission nr. 3 – The efficiency of the activity and the judicial performance of the courts and the prosecutor’s offices dated 19 September 2011. Without fully understanding why we need a commission especially for the ones registered in the minute, we note that it is better to collaborate with the mediation councils and that the National Institute of Magistracy needs to ensure more places for the training of the magistrates in the field of international cooperation. * * * Notaries, a surprise is prepared for you: The Ministry of Justice launched in a public debate, Tuesday, 20 September 2011, the bill for the change and the completion of the Law no. 36/1995 of the public notaries and the notarial activities. The bill targets the possibility of the accession to the office of the notary of the European citizens, the enlarging of the sphere of facts that constitute disciplinary deviations, the clearly establishment of the territorial competence and the establishment of the competences that the new training institute will have them in the notarial career. * * * Yukos, a media bomb in the ECHR yard: The European Court of Human Rights pronounced in Yukos case against Russia, establishing the violation of the art. 6 from the Convention on the right to a fair trial in criminal matters. In Yukos case, the art. 6 was violated on the criminal part because, on the one hand, the company hasn’t received sufficient time to prepare a defense in the first instance (the lawyers would have study 43 000 pages in 4 days before the court session because they had access to the file late) and, on the other hand, the company has had a very short time to prepare a case presentation because, between the motivation of the decision of the first instance and the first term on the call, only 21 days had elapsed (giving that the meetings of the call were in 11 successive days so that the possibility of the training between the terms doesn’t exist). Although there isn’t a surprise in terms of the European contentious jurisprudence, the political implications guarantee the placing of the decision in the media box office. * * * The New Civil Code, the preparations continue: It has left 5 days to the big opening of the New Civil Code and the State powers make the final preparations for the event… in a hurry indeed. In Monitorul Oficial of Romania, part I, nr. 666 dated 19 September 2011 was published the Order of the minister of justice nr. 1786/2011 for the approval of the Methodological Rules on the organization and the operation of the Notarial National Register of the matrimonial regime and the registration and consultation procedure of its, the professional associations launch guides of use of the new legislative act and the conferences on the subject are held chain. * * * USSR – even as an haute couture: According to a release of the CJ, the Court decided that the soviet coat of arms can’t be registered as a community trade; its registration is rejected even if it is contrary to public order and morality only in one member state.  The application for registration was filed by the representatives of a Russian stylist who we assume that he wanted to be retro-chic. The decision may be appealed only for points of law.


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