Home | About Us | Advanced search | Link Versione Italiana  English version  France version

 Europeanrights.eu

European Observer on fundamental right's respect

  Advanced search

Notes & Comments: 765 objects found.

  • Notes & Comments

    Human protection and special protection. “Vulnerability” following the decision of the United Sections of the Court of Cassation n. 24413/2021

    15/10/2021 - Antonella Di Florio

    Classificazione: Freedoms - Art. 18 Right to asylum

    The Author examines the importance of the concept of vulnerability of the person in the most recent Italian jurisprudence aiming at recognizing special protection Our thanks to the Review Questione giustizia ...

  • Notes & Comments

    On the obligation of preliminary referral (note to EUCJ, Grand Section, decision 6 October 2021, Consorzio Italian Management and Catania Multiservizi SpA vs Rete Ferroviaria Italiana SpA, in C-561/19)

    15/10/2021 - Giorgio Capra

    Classificazione: General provisions - Art. 51 Scope

    The Author examines the decision of the Court of Justice on the obligation of preliminary referral of last instance judges Our thanks to the Review Giustizia insieme ...

  • Notes & Comments

    The United Sections pronounce themselves again on human protection: attenuated comparison between present and future

    01/10/2021 - Rita Russo

    Classificazione: Freedoms - Art. 18 Right to asylum

    The Author examines the most recent jurisprudence of the Court of Cassation on human protection Our thanks to the Review Giustizia Insieme ...

  • Notes & Comments

    Comment to the decision of the ECHR, Fifth Section, Sanchez vs France of 2 September 2021 on freedom of expression

    01/10/2021 - Matilde Brancaccio

    Classificazione: Freedoms - Art. 11 Freedom of expression

    On the non punishability threshold in order to guarantee freedom of expression according to the ECHR ...

  • Notes & Comments

    Comment to the decision of the ECHR, First Section, 31 August 2021, Associazione politica nazionale Lista Marco Pannella e Radicali italiani vs Italy

    01/10/2021 - Deborah Tripiccione

    Classificazione: Freedoms - Art. 11 Freedom of information

    On discrimination of Italian radicals by the media ...

  • Notes & Comments

    For every complex problem there is a simple solution. Which usually is the wrong one: the dismissal of managers during Covid (Note to the decision of the Court of 15 April 2021)

    30/07/2021 - Michele De Luca

    Classificazione: Solidarity - Art. 30 Protection against unjustified dismissal

    The Author comments on a decision in the matter of dismissal of managers despite the Italian block of procedures to reduce employees ...

  • Notes & Comments

    The Constitutional Court comes back to the subject of “criminal law”: towards a statute of norms on formally administrative, but substantially criminal sanctions. Our thanks to the Review

    23/07/2021 - Andrea Venegoni

    Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

    The Constitutional Court comes back to the subject of criminal law towards a statute of norms on formally administrative but substantially criminal sanctions Our thanks to the Review ...

  • Notes & Comments

    The ECHR in search of impartiality of judges in front of the “imperfect” victim

    20/07/2021 - Paola Di Nicola

    Classificazione: Dignity - Art. 1 Human dignity - Person

    The Author analyses the decision of the ECHR in the case Maestri and others vs Italy of May which sentenced Italy for the decision in which the court used incongruous and stereotyped expressions in violation ...

  • Notes & Comments

    Comment on the ECHR Judgment, First section, of 8 July 2021 in the case Maestri and others vs Italy n. 20903/2015 on the right to a fair trial

    19/07/2021 - Sandra Recchione

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

    The Author comments on the ECHR Judgment against Italy for the violation of the right to a fair trial in a case in which the court did not renew the testimony in second instance ...

  • Notes & Comments

    Defence of rule of law in Europe, dialogue between the Tribunal and the populist trap

    09/07/2021 - Filipe Marques

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

    The Author examines the strategies to defend the rule of law in the European Union ...