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Discrimination on grounds of age: the national judge transforms himself in European judge
25/01/2013 -
Roberto Cosio
The Author comments on a decision of the Court of Genoa in the matter of non discrimination on grounds of age ...
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Discrimination on grounds of the membership of a trade union in the case Fiom-Cgil vs Fip-Fiat
20/12/2012 -
Laura Calafà
Classificazione: Equality - Art. 21 Non discrimination
The Author examines some measures adopted by the labour judges of Rome who deemed discriminatory the denied employment by Fiat of workers members of Fiom also on the basis of the Union law ...
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Right to family unity of foreigners and stateless persons in the European Union and in Italy: a perspective of synthesis
16/12/2012 -
Lucia Tria
Classificazione: Freedoms - Art. 7 Privacy
The Author reconstructs the Italian and European legislative and jurisprudential situation on the right to family reunification for non Community citizens and stateless persons ...
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Towards the Charter of the rights of the European taxpayer? From the French jurisprudence a starting point for the direct applicability of the ECHR norms in taxation matters
15/12/2012 -
Alberto Marcheselli
Classificazione: Justice
The Author examines the influence of the ECHR in tax matters in the light of a French precedent ...
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The Constitutional Court reconsiders the strategy of its relations with the ECtHR and, while appearing to oblige, hides a substantial and persisting dissent towards the jurisprudence of the ECtHR (“at a first reading” of the decision n. 264 of 2012 of the Constitutional Court)
13/12/2012 -
Antonio Ruggeri
Classificazione: Freedoms - Art. 17 Right to property - Justice - Art. 47 Fair trial, public hearing - General provisions - Art. 53 Level of protection
The Author examines the decision n of the Constitutional Court on a case of retroactive civil law which has already lead to a sentence of the Court of Strasbourg against Italy in the case Maggio ...
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More considerations on the decision of the Constitutional Court n. 230/2012 - post scriptum
31/10/2012 -
Antonio Ruggeri
Classificazione: Justice - Art. 49 Favor rei
The Author offers more considerations on the decision of the Italian Constitutional Court n ...
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Searching for the correct meaning of art. 53 of the Union Charter of Rights (brief collateral notes to the Conclusions of the Advocate General Y. Bot on an interpretation question raised by the Spanish Constitutional Court)
30/10/2012 -
Antonio Ruggeri
Classificazione: General provisions - Art. 53 Level of protection
Searching for the correct meaning of art of the Union Charter of Rights brief collateral notes to the Conclusions of the Advocate General Y Bot on an interpretation question raised by the Spanish Constitutional Court ...
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Right to strike and the role of employers in the ILO
30/10/2012 -
Hugo Barretto
Classificazione: Solidarity - Art. 28 Rights of workers, employers and their organisations: strike
The Author examines the right to strike in the ILO legal system Our thanks to the Fondaci n I Mayo ...
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Penelope at the Constitutional Court: she weaves and spins the web of its relationship with the ECHR, with important references to the identifying outlines of the structure of the national legal system and distinctive features from the structure of the conventional system (“at first reading” of the decision of the Constitutional Court n. 230/2012)
27/10/2012 -
Antonio Ruggeri
Classificazione: General provisions - Art. 53 Level of protection
The Author analyses the decision n of the Italian Constitutional Court which examines the jurisprudence of the Court of Strasbourg in relation to the retroactivity of the most favourable law and the principle of legality ...
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Laicality and jurisprudence
11/10/2012 -
Andrea Guazzarotti
Classificazione: Freedoms - Art. 7 Privacy - Art. 10 Freedom of thought
The value of laicality as protected by the jurisprudence in particular the European one ...
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