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Notes & Comments: 765 objects found.

  • Notes & Comments

    Brief considerations following the recent decisions in the matter of registration of a marriage between persons of the same sex, celebrated abroad

    30/04/2012 - Elena Falletti

    Classificazione: Freedoms - Art. 9 Right to marry - Equality - Art. 21 Non discrimination

    The Author examines two recent Italian decisions which have recalled the supranational jurisprudence in the matter of registration of a marriage between persons of the same sex celebrated abroad ...

  • Notes & Comments

    Marriage and the homosexual family in two recent decisions. First considerations to myself

    10/04/2012 - Alexander Schuster

    Classificazione: Freedoms - Art. 9 Right to marry - Equality - Art. 21 Non discrimination

    The Author examines two decisions respectively of the Court of Strasbourg Gas and Dubois vs France and of the Italian Court of Cassation Cass n in the matter of homosexual marriages ...

  • Notes & Comments

    Preventive confiscation towards the ‘dead’. A non liquet of the Constitutional Court with the revert to constitutionally orientated interpretations

    20/03/2012 - Francesco Menditto

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

    The Author examines the decision n of the Constitutional Court in the matter of confiscation in relation to the jurisprudence of the Court of Strasbourg ...

  • Notes & Comments

    Comment to the decision in the case MOR vs France (Court of Strasbourg)

    15/03/2012 - Pierpaolo Gori

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

    The Author examines a complicated case of conviction for violation of professional secrecy ...

  • Notes & Comments

    The issue concerning non-teaching school staff transferred to the State, after the superior Courts, are reverted to the true judge: the “European” common judge called to decide on the merits

    14/03/2012 - Vincenzo De Michele

    Classificazione: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Justice - Art. 47 Fair trial, public hearing

    The Author reconstructs the complex situation concerning the length-of-service benefits of ATA employees after the decisions of the Court of Strasbourg in the case Agrati and of the Court of Luxemburg in the case Scattolon ...

  • Notes & Comments

    Comment to the decision in the case Dominguez (Court of Justice)

    13/03/2012 - Roberto Cosio

    Classificazione: Solidarity - Art. 31 Paid leave

    The Author examines the decision of the Court of Justice in the case Dominguez in the matter of paid leave and interpretation in conformity of the national judge ...

  • Notes & Comments

    Considerations following the decision of the International Court of Justice of 3 February 2012 on states’ jurisdictional immunities

    29/02/2012 - Gina Turatto

    Classificazione: Justice

    The Author examines with a critical approach the decision of the Court of The Hague concerning the immunity of Germany in relation to the crimes committed during the Second World War by the German army ...

  • Notes & Comments

    The constitutional identities safeguard clause, the lost occasions and the spectre of Viking and Laval

    20/02/2012 - Fausto Vecchio

    Classificazione: Freedoms - Art. 16 Freedom to conduct a business - General provisions - Art. 51 Scope

    The Author offers some considerations on the national constitutional identities safeguard clause in the jurisprudence of the Court of Justice on the freedom of the market ...

  • Notes & Comments

    Protection of the rights of prisoners seeking the principle of effectiveness: the cases Suleimanovic and Slimani

    15/02/2012 - Michele Passione

    Classificazione: Dignity - Art. 1 Person - Art. 4 Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments

    The Author examines the decision issued by the Giudice di sorveglianza of Lecce in the case Slimani which has already been included in this web site and also mentioned by the media convicting the State ...

  • Notes & Comments

    International bis in idem: when pan-European trust prevails on the territoriality of ius puniendi

    14/02/2012 - Fabio Maria Ferrari

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

    The Author examines a decision of the Court of Milan in the matter of bis in idem much commented by the media which applied art of the EU Charter of Rights ...