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Competition and combativeness: conferences, launches and rankings

Legal force of the arbitration decisions: JURIDICE. ro transmitted live the event Legal force of the arbitration decisions, organized by the Legal Science Company, Romanian-American University, National Institute of Magistracy, National Institute of training of Lawyers with the support of the International Commercial Arbitration Court of the Chamber of Commerce and Industry of Romania. It has discussed about the forms and trends in the development of the intern and international arbitration, judicial review of the arbitration decisions, the enforcement of foreign arbitration decisions, the arbitration term, the proposals of changing of the Regulation no. 44/2001 in the field of arbitration and the possibility of cancelling of the arbitration decision by the court of enforcement.  The event, supported by one of the most prestigious law firms of Romania, POPOVICI NITU & ASSOCIATES, was reported by HotNews.ro and was watched online live by nearly 800 users of JURIDICE.ro. * * * The first court decision based on the new Civil Code: Oradea Court pronounced the first decision based on the provisions of the new Civil Code, in a case of family law. * * * Where they learned the right,the magistrates of the last 6 generations: An interesting statistic, remarkable and laudable regarding the graduated colleges by the successful candidates at the admission contests at NIM from the last 6 years was released by the new leadership of NIM. * * * From 40 law colleges in Romania, only 4 are class A: The hierarchy of the universities with legal profile for the academic year 2011-2012 was released by the Ministry of Education, Research, Youth and Sports. Faculties of Law from the public universities of Bucharest, Iasi, Sibiu and Cluj-Napoca are the best. A proof is, the category which they were placed – A. As for private universities, the Faculty of Law of the Romanian-American University is, by far, the highest ranked. * * * Conference with protests: Upset because of the organizers of the international conference “The cancellation of special pensions: discrimination or need?”, ASCDO in partnership with the law firm “Chirita Farcas”  and the Public Law Department of the Faculty of Law of the BBU of Cluj, two associations of the former magistrates – THEMIS-CASATIA and the Retired Magistrates Association – protested through press releases. THEMIS-CASATIA shows that weren’t invited those directly concerned, namely the neither retired magistrates nor representatives of the SCM, MJ, or Prosecutor’s Office of the HCCJ. The Association of Retired Magistrates asks the rector Andrei Marga to analyze the situation and to order the measures to be taken. Radu Chirita responds that the opportunity of the organization of the conference lies exactly in the theme of the conference which is delicate and sensitive. He denies that the retired magistrates weren’t invited, by showing the invitations were sent by e-mails. * * * Launches at SCM.  SCM has increased the means to communicate with the launch of a new site InfoCSM. On the new site will be posted the information regarding the debates from the SCM meetings, the decisions of the Plenum and Sections, important aspects about the activity of courts and prosecutor’s offices. That means a kind of site of the SCM more detailed. Or the same Marie with another hat. The second site is dedicated to the new Civil Code and the unification of judicial practice – Iurispedia.ro. The articles of the new Civil Code will be commented by the law specialists, free and online. * * * Online interview and not a contest for the promotion at HCCJ: The proposal of the MJ on the promotion of the magistrates at HCCJ based on competition was reject by the Senate. The interview, online now too, is and it will be based. Cristi Danilet wrote that this fact “is a sign that the Parliament agreed to let in the SCM function the promotion to the highest court”. On the other hand, the National Union of Romanian Judges criticized the decision of the Senate, being downright appalled. The critics targeted the reaction of some members of SCM, without giving names, “that, despite of the position expressed in the election campaign for the change of procedure, now welcome the rejection of the law”. * * * The wife is guilty: A judge from the Court of Appeal of Cluj will receive for three months the compensation reduced by 15% due to disciplinary sanction received for a request of redemption upheld filed by his wife… Application of the religious principle the spouses will be together to good and worse. Another two judges received sanctions for the files that haven’t settled promptly. * * * Important process won by the GRIGORESCU STEFANICA at HCCJ: The opponents were the Ministry of Finances and the Central Finance and Contracting Unit PHARE (CFCU) The stake: 3 millions EUR. The objective: the failure of payment obligations of a PHARE contract for delivery and installation of computers and software signed by MF. HCCJ rejected the arbitration action initiated by the MF and CFCU in 2009.

Alexandra LANCRANJAN

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