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Notes & Comments: 647 objects found.

  • Notes & Comments

    Victims of torture during the war in the former Yugoslavia: a very important decision of the UN Committee against torture on the responsibility of the State

    23/06/2020 - Calogero Ferrara

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

    The Author comments the decision of the UN Committee against torture which states the subsidiary responsibility of the State with regard to rapes aiming at ethnic cleansing during the conflict in the Balkans Our thanks ...

  • Notes & Comments

    Comment to the decision of the ECHR on the case I and E. vs Moldavia

    15/06/2020 - Gabriella Cappello

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

    The decision concerns the duties of the State with regard to the protection of physical and psychic integrity of persons subjected to public custody in the event of systematic detention treatments ...

  • Notes & Comments

    Horizontal effectiveness of fundamental rights subjected to examination by the German Federal Court. Brief notes to some recent decisions of the Bundesverfassungsgericht

    28/05/2020 - Francesca Episcopo

    Classificazione: General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights - Art. 53 Level of protection

    The Author examines the guideline of the German Supreme Court in the matter of horizontal effectiveness of fundamental rights in National law Our thanks to the online Review Giustizia Insieme ...

  • Notes & Comments

    The preventive opinion of the ECHR and Italian law in the matter of surrogacy: a non-existent conflict or a conflict which was never solved by the Court of Cassation?

    22/05/2020 - Gabriella Luccioli

    Classificazione: Dignity - Art. 1 Human dignity - Freedoms - Art. 7 Privacy

    The Author comments a recent decision of the Italian Court of Cassation in the matter of surrogacy and the questionable reference to an opinion of the European Court of human Rights Our thanks to the ...

  • Notes & Comments

    Emergency and ‘the’ emergencies according to a recent climate case

    30/04/2020 - Andrea Giordano

    Classificazione: Dignity - Art. 2 Right to life - Solidarity - Art. 35 Preventive health care

    The Author comments on a decision of December of the Dutch Supreme Court which ordered the Dutch State to reduce greenhouse gas emissions by by the end of in order to protect the life and ...

  • Notes & Comments

    The supranational principle of fair trial towards an equal administrative relationship: comment on the order of the Court of Cassation, joined sections, of 28 April 2020, n. 8236

    30/04/2020 - Michelangelo Strazzeri

    Classificazione: Citizens’ rights - Art. 41 Right to good administration by the bodies of the union - Justice - Art. 47 Fair trial, public hearing

    The Author comments on the order of the Court of Cassation which transferred to the ordinary jurisdiction a proceeding pending before the administrative judge recalling the principle of fair trial provided for by the European ...

  • Notes & Comments

    Illegitimate dismissals: decision of the European Committee of Social Rights

    27/04/2020 - Francesco Buffa

    Classificazione: Solidarity - Art. 30 Protection against unjustified dismissal

    The Author comments with favour on the Decision of the European Committee of Social Rights of which admits the complaint lodged by the Italian General Confederation of Labour Cgil against Italy ...

  • Notes & Comments

    Comment on the decision of the Court of Justice of 4.3.2020 in the case Telecom, with regard to the relation between the supranational legal system and national res iudicata

    02/04/2020 - Antonello Cosentino

    Classificazione: General provisions - Art. 51 Scope

    The Author comments on the decision of the European Union Court of Justice of March case n C according to which a national decision become final cannot be modified not even if in contrast with ...

  • Notes & Comments

    The prohibition of bis in idem in the elaboration of the jurisprudence of the civil sections of the Court of Cassation

    28/02/2020 - Antonio Scarpa

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

    The prohibition of the bis in idem in the jurisprudence of the civil sections of the Court of Cassation ...

  • Notes & Comments

    Illegal disembarkation prohibitions for people rescued at sea

    26/02/2020 - Luca Masera

    Classificazione: Dignity - Art. 2 Right to life - Freedoms - Art. 18 Right to asylum - Refugees - Art. 19 Prohibition of collective expulsions

    The Court of Cassation confirms the illegality of the landing bans opposed by Minister Salvini in the months of his mandate ...