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Is the Court of Cassation the last instance judge in case of clear violation of Union law? The EU preliminary ruling of the Joined Sections against the res iudicata of the Council of State which does not apply the decisions of the Court of Justice
01/03/2021 -
Vincenzo De Michele
Classificazione: General provisions - Art. 51 Scope
The Author comments on the decision of the Italian Court of Cassation with regard to the possibility of appeal against the decisions of the Council of State in the event of clear violation of Union ...
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Right to privacy and the protection of personal data in jurisdictional measures taken by the Court of Cassation
22/02/2021 -
Alessandro Centonze
Classificazione: Freedoms - Art. 7 Privacy
Protection of the right to privacy in the jurisprudence of the Court of Cassation also with regard to European sources Our thanks to the Review Giustizia insieme ...
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Environmental protection in the jurisprudence of the European Court of Human Rights
15/01/2021 -
Stefania Rupe
Classificazione: Solidarity - Art. 37 Environmental protection
The Author reconstructs the jurisprudence of the Court in the matter of environmental protection ...
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Rule of law and honorary judges
14/01/2021 -
Vincenzo De Michele
Classificazione: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Paid leave
The Author examines the situation of the pending proceedings concerning the legal regime of honorary judges also in the light of EU law ...
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Brexit done!”: on which basis will criminal judicial cooperation with the United Kingdom go on...?
27/12/2020 -
Lorenzo Salazar
Classificazione: Justice - Art. 47 Justice: effective
The text highlights the content of the complex agreement reached in extremis by the European Union and United Kingdom s negotiators on the issues concerning the Area of Freedom Security and Justice judicial and police ...
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Judges with no responsibility? Brief notes on the lack of the ratification of Protocol 16
17/12/2020 -
Paolo Biavati
Classificazione: Justice - Art. 47 Justice: effective
The Author challenges the idea that the ECHR advisory opinion takes responsibility away from national judges on the contrary it contributes to the quality of jurisdiction Our thanks to the online review Giustizia Insieme ...
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The peculiar case of the ratification of Protocol n. 16
08/12/2020 -
Enzo Cannizzaro
Classificazione: Justice - Art. 47 Justice: effective
The Author highlights the difference between facultative and not binding advisory opinions and other forms of preliminary referral and criticizes the alleged self-sufficiency of constitutional systems Our thanks to the online review Giustizia insieme ...
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The prohibition of dismissal at the time of Covid-19: between the Charter and the Courts
30/11/2020 -
Roberto Cosio
Classificazione: Freedoms - Art. 16 Freedom to conduct a business
The Author examines the constitutional and supranational legitimacy of the prohibition of dismissal adopted by the Italian Government during the pandemic ...
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Protocol 16 and the ambitious (but rough) project of a global community of courts
28/11/2020 -
Carlo Vittorio Giabardo
Classificazione: Justice - Art. 47 Justice: effective
The Author underlines the importance of the dialogue in law matters and criticizes the nationalist rhetoric which prevailed in Parliament Our thanks to the online review Giustizia Insieme ...
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The referral of the Court of Cassation to the Court of Justice: serious and manifest violations of European Union law?
24/11/2020 -
Bruno Nascimbene e Paolo Piva
Classificazione: Justice - Art. 47 Justice: effective
The extensive essay examines the jurisprudence on the possibility of appealing against the decisions of the Council of State that violate European Union law and appreciates the order of the United Sections of the Cassation ...
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