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European Observer on fundamental right's respect

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Notes & Comments: 704 objects found.

  • Notes & Comments

    The right to privacy between Constitution and ordinary legislation

    27/06/2008 - Chiara Meoli

    Classificazione: Freedoms - Art. 7 Privacy

    Considering the right to privacy as a new right is partly wrong since a theory on the right to privacy had already been formulated at the end of the last century however already since the ...

  • Notes & Comments

    The Charter of emerging human rights: the answer of the civil society to the challenges of the XXI century

    17/06/2008 - Estel la Pareja

    Classificazione: General provisions - Art. 53 Level of protection

    The Author examines the draft project of a Charter of new human rights which safeguard fundamental needs of single persons and communities as emerging from the process of planet-wide globalization ...

  • Notes & Comments

    Now a bridge-treaty is needed

    17/06/2008 - Lucia Serena Rossi

    Classificazione: General provisions - Art. 53 Level of protection

    After the no to the Irish referendum on the Treaty of Lisbon the Author suggests the drafting of a bridge-treaty which allows States which have ratified the Treaty to approve the new rules and regulates ...

  • Notes & Comments

    Non-discrimination, equality of treatment and of opportunities in the European legal system. From the European Convention of Human Rights of the European Council to the Treaties and the Charter of fundamental rights of the European Union

    16/06/2008 - Rosa Quesada Segura

    Classificazione: Equality - Art. 21 Non discrimination - General provisions - Art. 53 Level of protection

    The comment examines the principle of non-discrimination and its jurisprudential applications in the light of the ECHR and of the European Charter of fundamental rights ...

  • Notes & Comments

    Dialogue between High Courts

    13/06/2008 - Renato Foglia

    Classificazione: General provisions - Art. 53 Level of protection

    The comment examines some cases of productive dialogue between high courts ...

  • Notes & Comments

    Attribution of pension after death to same-sex partner. First positive application of Directive 2008/78/CE

    31/05/2008 - Matteo Bonini Baraldi

    Classificazione: Equality - Art. 21 Non discrimination

    The Court of Justice has for the first time applied the prohibition of discrimination according to sexual inclination granted by Directive CE deciding on a case concerning pension rights of the registered partner and reverting ...

  • Notes & Comments

    The problem of the intangibility of the res iudicata between Court of Strasbourg, national judges, Constitutional Court and… legislator? (observation concerning decision no. 129/08 of the Italian Constitutional Court

    30/05/2008 - Vincenzo Sciarabba

    Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 53 Level of protection

    Starting from a decision taken by the Italian Constitutional Court which has declared that the instrument of rehearing revisione as a remedy against a final decisions imposing a penalty after a trial deemed as unfair ...

  • Notes & Comments

    Court of Justice and corresponding interpretation: the decision Velasco Navarro

    11/05/2008 - Valeria Piccone

    Classificazione: Equality - General provisions - Art. 51 Scope

    The Author examines the most recent developments concerning corresponding interpretation in the Court of Justice s case-law which tends to override by way of interpretation the limitation to horizontal effects of directives also in the ...

  • Notes & Comments

    The Polish Constitutional Court makes the accounts with the past: the lustration procedures before the courts Warsaw

    09/05/2008 - Oreste Pollicino

    Classificazione: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - General provisions - Art. 53 Level of protection

    The Polish constitutional Tribunal has in a recent decision annulled the amendments to the lustration procedure introduced by way of Acts and The decision is very interesting because the Polish constitutional judges have tried to ...

  • Notes & Comments

    The principle of cooperation and the duty to re-examine a definitive administrative decision

    06/05/2008 - Marco Lombardo

    Classificazione: Justice - Art. 47 Justice: remedy - Justice: effective

    The Author analyses a recent case of the Court of Justice on the interpretation of the cooperation principle based on article EC for the re-examine of a definitive administrative decision founded on the wrong interpretation ...