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The right to adversarial procedure in administrative taxation proceedings is a fundamental right of the Community legal system
13/02/2009 -
Alberto Marcheselli
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing - Art. 48 Rights of defence
The Court of Justice with an important decision has recognized that the right to adversarial procedure in administrative taxation proceedings is a fundamental principle of the Community legal system which imposes to give the taxpayer ...
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Protection of the "public social order" as limit to freedom of services’ circulation in the EU’s market
30/01/2009 -
Massimo Pallini
Classificazione: Solidarity - Art. 28 Rights of workers, employers and their organisations: strike - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified
The present comment examines the well known and discussed decisions of the Court of Justice in the matter of right to strike and contracts in favor of foreign enterprises and defines some limits also in ...
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The independence of the judiciary as international value
30/01/2009 -
Vito Monetti
Classificazione: Justice - Art. 47 Fair trial, public hearing
The Author recalls texts and decisions which show how the independence of the judiciary is considered as an international value ...
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Final considerations on Constitutional jurisprudence of 2008
28/01/2009 -
Giovanni Maria Flick
Classificazione: General provisions - Art. 53 Level of protection
The considerations underline the increasing relations between sources of law of different levels and the ever tighter dialogue between Courts ...
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Comment to the decision Bartsch
09/01/2009 -
Silvia Borelli
Classificazione: Equality - Art. 20 Equality - Art. 21 Non discrimination
Taking the cue from the recent decision Bartsch of the Court of Justice the present comment reconstructs the problem of the effectiveness and scope of the principle of non discrimination in the Court of Justice ...
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Initiatives of the European Commission in the field of Justice. Liberties and Security
07/01/2009 -
Gualtiero Michelini
Classificazione: General theme
The Author examines the most important initiatives of the European Commission in the field of Justice Liberties and Security Program of Stockholm external relations relations with the UN asylum and immigration etc ...
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The European Pact in Immigration and Asylum: the fight against illegal immigration and the reinforcement of surveillance of external borders
29/12/2008 -
Giuseppe Licastro
Classificazione: Freedoms - Art. 18 Right to asylum - Refugees
The comment examines the main aspects of the recent European Pact of Immigration and Asylum ...
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Right to competition, fair trial and effectiveness of enquiries
21/12/2008 -
Chiara Noto
Classificazione: Justice - Art. 47 Fair trial, public hearing
The present comment examines recent decisions of the Court of Justice concerning the right to a fair trial with regard to measures of protection of competition adopted by Community institutions ...
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Labour, constitutionalization of the person, economic institutions
20/12/2008 -
Laura Pennacchi
Classificazione: Dignity - Art. 1 Human dignity - Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified
The present comment examines the process of constitutionalization of the person at a level both National and European through protection of human dignity in the labour field ...
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Special protection of women in the Statute of Rome
19/12/2008 -
Sylvia Steiner
Classificazione: General theme
The present comment shows the special protection of women in the Statute of Rome of the International Criminal Court ...