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
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 ...
Comment to the decision of the ECHR on the case I and E. vs Moldavia
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 ...
Horizontal effectiveness of fundamental rights subjected to examination by the German Federal Court. Brief notes to some recent decisions of the Bundesverfassungsgericht
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 ...
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?
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 ...
Emergency and ‘the’ emergencies according to a recent climate case
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 ...
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
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 ...
Illegitimate dismissals: decision of the European Committee of Social Rights
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 ...
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
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 ...
The prohibition of bis in idem in the elaboration of the jurisprudence of the civil sections of the Court of Cassation
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 ...
Illegal disembarkation prohibitions for people rescued at sea
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 ...