-
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 ...
-
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 ...
-
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 ...
-
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 ...
-
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 ...
-
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 ...
-
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 ...
-
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 ...
-
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 ...
-
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 ...