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15/11/2006 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione V Penale
Classificazione: Art. 47 Justice: remedy - Justice: effective - Fair trial, public hearing
To avoid application of the sentence in a trial in absentia when the European Court of Human Rights has established a violation of the principles of a fair trial it is necessary to make use ...
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08/11/2006 -
National Courts: Supreme Courts (Italy) - Corte Costituzionale
Classificazione: Art. 49 Criminal Law - Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei - Irretroactivity of criminal law
Favourable criminal law provisions unequal treatment in punishment Principle of retrospectivity of the more favourable provision Reference is made to art of the Nice Charter in support of the judgment quot since it contains principles ...
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08/11/2006 -
National Courts: Merit's Courts (Italy) - Tribunale di Genova
Classificazione: Equality - Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified
Concerning the nullity of a time contract stipulated according to law n the true interpretation of the above said law in the light of the community directive which the law transposed obliges to conclude that ...
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23/10/2006 -
National Courts: Supreme Courts (Italy) - Corte Costituzionale
Classificazione: Art. 49 Criminal Law - Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei - Irretroactivity of criminal law
More favourable statutes of limitation for crimes than at the time the crime was committed A provision which unreasonably limits the principle of retrospectivity of the more favourable law is constitutionally unlawful Reference is made ...
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12/07/2006 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione I Penale
Classificazione: Art. 47 Justice: remedy - Justice: effective - Fair trial, public hearing
With reference to the re-opening of the time limit for an appeal against a judgment in absentia the Court is required to comply with the judgment of the European Court of Human Rights which has ...
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10/07/2006 -
National Courts: Supreme Courts (Spain) - Tribunal Supremo
Classificazione: Art. 7 Privacy - Art. 8 Personal data: fairly processing
The decision reiterates an interpretation already made by the Tribunal Constitutional de Espana in case no of The decision holds that the right to the protection of personal data must be distinguished from the right ...
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28/06/2006 -
National Courts: Supreme Courts (Italy) - Corte Costituzionale
Classificazione: Art. 51 Scope
The ordinance rejects a constitutional challenge regarding a framework agreement on labour because it challenges also the respect of EU law As a Court of Justice decision has intervened in the meanwhile on the same ...
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29/05/2006 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione I Civile
Classificazione: Art. 17 Right to property - Art. 47 Independent and impartial tribunal
Article bis section bis of law no of July violates the principles of a fair trial in so far as it establishes that the rules introduced by it relating to compensation for expropriation of land ...
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22/05/2006 -
National Courts: Merit's Courts (Italy) - Tribunale di Verona
Classificazione: Art. 21 Non discrimination - Art. 34 Social benefits
A non-EU national is entitled to disability support allowance even if he she does not hold a quot residence permit quot A fundamental principle of regulation EC is that of equal treatment whereby a person ...
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20/05/2006 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione I Civile
Classificazione: Art. 17 Right to property - Art. 47 Independent and impartial tribunal
Article bis section bis of law no of July violates the principles of a fair trial in so far as it establishes that the rules introduced by it relating to compensation for expropriation of land ...