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The magistrates disciplined by liability

Legislative initiatives: The day of St. Andrew, the protector of Romania and Scotland, is intended to be a day off. Roberta Anastase and other 42 MPs initiated the change of the Labour Code in this respect. The supporters are the Romanian Orthodox Church and Traian Basescu. In case of a mobile phone theft would be desirable the block from the operator, on request, of the phone so that it can not be used in any network in Romania. Such project was initiated by Daniel Oajdea, deputy of PDL. * * * A reference event: JURIDICE.ro announced the organization, on 24 of November 2011, at the Romanian-American University, of the conference “The pecuniary payment”. The moderators of the conference will be Ms. Brandusa Stefanescu and the coordinator of JURIDICE.ro, Dr. Andrei Savescu. Event organized with the support of MAZARS ROMANIA. You are expected to be in the Boardroom or online. * * * STOICA & ASSOCIATES at the anniversary: The famous law firm celebrated 16 years. The winners were the professor Emil Molcut and the architect Cosmin Dragomir. Happy birthday from JURIDICE.ro too! * * * New look for DRAGNE & ASSOCIATES: DRAGNE & ASSOCIATES has a new website. * * * The fiscal record richer: Attention!!! In the fiscal record will be written, from now on, a lot of information related to: the offense code, the offense description, the bill which provides the offense and the sanction. * * * Law made for the judges: The appeal in points of law promoted by the General Prosecutor Laura Codruta Kovesi and the College of Management of the Court of Appeal of Suceava on the complaints of call in warranty of the Ministry of Public Finances issued by the public institutions on the salary rights of the teachers was admitted. The solution set by the judges of the HCCJ: the complaint of call in warranty does not meet the law. * * * The magistrates disciplined by liability: The Government approved a draft of a law that expands the sphere of the disciplinary violations. Expressly provided, for example, the disciplinary liability is applied for the non-compliance of the decisions of the Constitutional Court and of the appeals in points of the law, for the inappropriate use of expressions in judgment motivations or in prosecutor’s acts. It was reintroduced the condition of a good reputation for the access to the magistracy. At the Government meeting attended the magistrate Lidia Barac, state secretary in the Ministry of Justice. The next day, as adopted by the Government, a new draft law on the liability of the magistrates was publicly debated by the Ministry of Justice. The judge Alexandru Serban, member of the SCM, said in an interview, that “it is not normal that the Government is directly involved in the field of disciplinary liability of the magistrates. It is inconceivable that political representatives to be able to move against the magistrates and to try to influence them according to their own purposes”. * * * 5 of 6: The judges of the HCCJ chose in the College of Management of the HC 11 colleagues for a term of 3 years. Five are men and six are women. Four judges are from the civil sections, three are from the criminal section and two are from the administrative and fiscal sections, to who are joining the president and the vice from the HCCJ. * * * Invitation of the Constitutional Court: The president Traian Basescu was invited, informal, by the president of the Constitutional Court, Augustin Zegrean, to discuss about the need to improve the quality of the legal acts in order to avoid confusion in courts. * * * Lawyers with problems: The lawyer Monica Undina Apostu is accused along with her husband, the mayor of Cluj, who was arrested for 29 days. It is suspected that were concluded fictitious consultancy contracts, large amounts of money being collected by the law firm. For a blood alcohol of 3,05 g ‰, the lawyer Dragos Apostol from Vaslui was prosecuted for driving the car under the influence of alcohol. * * * The assistant-magistrates evaluated by the magistrates: The president of each section of the HCCJ along with two other colleagues, judges of the HCCJ, will evaluate the work of the assistant-magistrates of sections, while the other assistant-magistrates will be evaluated by a commission formed by the president and the vice of the HCCJ, along with Cristina Tarcea. * * * Praised by the ambassadors, criticized by the colleagues: During the meeting with Horatius Dumbrava, the president of the SCM, and George Balan, the vice of the HCCJ, the ambassadors of Great Britain and US, said that the efforts of the SCM are pursued and supported by the representatives of the two embassies. If in their opinion, the SCM is on the right track, not the same can be said about the judges from the Court of Bucharest, that on November 18, 2011, will decide whether to trigger the procedure for dismissal of the judge Adrian Neacsu from the position of member of the SCM.

Alina MATEI

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