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11/12/2008 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing - General provisions - Art. 53 Level of protection
After Italy has been sentenced by the ECHR for violating the principle of fair trial the Court of Cassation considers the correction of a material error as means to reopen the trial with regard only ...
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11/12/2008 -
National Courts: Supreme Courts (Italy) - Corte di cassazione
Classificazione: Justice - Art. 47 Fair trial, public hearing
In the matter of fair trial the Court excludes that the right to compensation can be denied in consideration of the exiguity of the delay in comparison with the parameters established by the jurisprudence of ...
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09/12/2008 -
National Courts: Supreme Courts (Czeck Republic) - Ústavní soud
Classificazione: Freedoms - Art. 19 Expulsion - Extradition - Removal - Justice - Art. 47 Right to an effective remedy before a tribunal
The Constitutional Court also applying the Court of Strasbourg s jurisprudence has stated the constitutional legitimacy of law Law on Foreigners Residence in the part which does not allow to lodge a claim against an ...
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04/12/2008 -
National Courts: Supreme Courts (Lithuania)
Classificazione: Freedoms - Art. 15 Right to work
The Konstitucinis Teismas also applying Community law relevant in such matter has established that limits provided by article par of the law on electricity to the liberty of enterprise are not illegitimate because they aim ...
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03/12/2008 -
National Courts: Supreme Courts (Belgium) - Cour Constitutionnelle
Classificazione: Freedoms - Art. 7 Privacy - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing
The Constitutional Court has deemed article par of the law of November on labour inspections illegitimate and in contrast with the norms of the ECHR in the matter of respect of private life and private ...
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02/12/2008 -
National Courts: Merit's Courts (Italy) - Tribunale di Modena
Classificazione: Freedoms - Art. 16 Freedom to conduct a business - General provisions - Art. 53 Level of protection
The Court uses the jurisprudence of the Court of Justice in the matter of betting to disapply national laws ...
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01/12/2008 -
National Courts: Merit's Courts (England) - Asylum and Immigration Tribunal
Classificazione: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Freedoms - Art. 18 Right to asylum - Art. 19 Expulsion - Extradition - Removal
The case concerns a claim for asylum and humanitarian protection lodged by two Somalian citizens Analyzing the conditions in that country the Court has granted one of the claims in consideration of the risk that ...
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28/11/2008 -
National Courts: Supreme Courts (Poland) - Trybunal Konstytucyiny
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 48 Rights of defence
The Trybunal Konstytucyiny analyzes the legitimacy of Act June with regard to the new procedures introduced on judges immunity in the light of the principle of independence of the judiciary authorities and of the right ...
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26/11/2008 -
National Courts: Supreme Courts (England) - House of Lords
Classificazione: Dignity - Art. 2 Right to life
Founding its conclusions also on the jurisprudence of the Court of Strasbourg the House of Lords has established that in case of attempted suicide of a detained person the authorities have the duty according to ...
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26/11/2008 -
National Courts: Supreme Courts (Czeck Republic) - Ústavní Soud
Classificazione: General theme
The stavn Soud judges on the claim lodged by the Senate of the Republic in view of the ratification of the Treaty of Lisbon The Court has established that the norms of the Treaty and ...