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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...