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European Observer on fundamental right's respect

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Notes & Comments: 790 objects found.

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...