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Notes & Comments: 647 objects found.

  • Notes & Comments

    Comment to the decision of the ECHR of 4.2.2021, Jurčić vs Croatia, n. 54711/15

    01/03/2021 - Francesco Buffa

    Classificazione: Equality - Art. 21 Non discrimination

    The Author examines a case of unjustified and direct discrimination on grounds of sex following the refusal to give a pregnant woman who underwent in vitro fertilisation before starting the job the maternity allowance ...

  • Notes & Comments

    Comment to the decision of the ECHR, section 1, Decision in the case Casarin vs Italy, 11 February 2021, n. 4893/13

    01/03/2021 - Francesco Buffa

    Classificazione: Freedoms - Art. 17 Right to property

    The Author comments a decision of the ECHR which established that sums paid by public authorities to an employee in good faith cannot be requested ...

  • Notes & Comments

    Comment to the decision of the Joined Sections n. 6551 of 21.9.2020, Commisso on detention in inhuman and degrading conditions

    01/03/2021 - Alessandro Centonze

    Classificazione: Dignity - Art. 4 Inhuman treatments - Degrading treatments

    The Author comments on the decision of the Court of Cassation s Joined Sections with regard to the space of cells for prisoners which recalls the parameters of the jurisprudence of the Court of Strasbourg ...

  • Notes & Comments

    Aiding and abetting of irregular immigration: some doubts of constitutional legitimacy. Notes regarding the order of the Court of Bologna of 1.12.2020

    19/02/2021 - Guido Favio

    Classificazione: Freedoms - Art. 18 Right to asylum - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

    The Author comments on the profiles of unconstitutionality also for violation of the European norms of the crime of aiding and abetting of irregular immigration Our thanks to the Review Questione giustizia ...

  • Notes & Comments

    Ratified Protocol n. 15... waiting for Prot. 16. On the way the amendments to the European Charter of Human Rights

    15/02/2021 - Marina Castellaneta

    Classificazione: General provisions - Art. 51 Scope

    The Author comments on the ratification by Italy of Protocol n but not of Protocol n Our thanks to the Review Giustizia insieme ...

  • Notes & Comments

    Comment to the decision of the ECHR, case Lacatus vs Switzerland , of 19.1.2021: Harmless begging cannot be criminalized

    01/02/2021 - Matilde Brancaccio, Francesca Picardi

    Classificazione: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

    The Authors examine a decision of the ECHR which deems in contrast with the conventional system the criminalization of harmless begging ...

  • Notes & Comments

    Comment to the decision of the ECHR, II section, 10 November 2020, Dan vs Moldavia, on the renewal of the proof on appeal

    01/02/2021 - Sandra Recchione

    Classificazione: Justice - Art. 47 Fair trial, public hearing

    The Author examines the jurisprudence of the ECHR on the necessity of renewal of the proof on appeal ...

  • Notes & Comments

    Comment to the decision of the European Court of Human Rights, First Section, 14 January 2021, Kargakis vs Greece (application n. 27025/13)

    01/02/2021 - Deborah Tripiccione

    Classificazione: Dignity - Art. 4 Inhuman treatments - Degrading treatments - Solidarity - Art. 35 Preventive health care

    The Author comments on the case of a prisoner whose request of revocation or substitution of the measure of preventive detention was denied despite his precarious health conditions ...

  • Notes & Comments

    Again on discrimination in the workplace: the peculiar case of Mrs. Vandenbon (decision of the EU Court of Justice of 20.06.20 in the case C-404/18)

    15/01/2021 - Sergio Galleano

    Classificazione: Equality - Art. 21 Non discrimination

    The Author examines a decision of the Court of Justice in a case of discrimination in the workplace ...

  • Notes & Comments

    Comment on the decision of the ECHR, first section of 20 October 2020, case Tondo vs Italy n. 75037/14

    01/12/2020 - Sandra Recchione

    Classificazione: Justice - Art. 47 Fair trial, public hearing

    The Author comments on the decision of the Court of Strasbourg in the matter of reform of the first instance sentence without a new examination of the witnesses ...