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Notes & Comments: 691 objects found.

  • Notes & Comments

    A persistent and hateful non-fulfilment: the Community Directive on the protection of the crime victims.

    05/07/2007 - Roberto Mastroianni

    Classificazione: Dignity - Art. 3 Physical and mental integrity - Freedoms - Art. 6 Personal liberty - Personal security - Equality - Art. 20 Equality - Justice - Art. 47 Right to an effective remedy before a tribunal

    The comment takes the cue from the claim presented to the Court of Justice by the Commission on February case C concerning the Italian State s non-fulfilment of the obligation of enforcing the community directive ...

  • Notes & Comments

    The Court of Warsaw deals with the useful effect of Community law.

    30/06/2007 - Oreste Pollicino

    Classificazione: General theme

    Right to compensation for damage from non-transposition of community directives in the national legal system The Constitutional Court of Warsaw for the first time applies the Simmenthal formula EC Court of Justice Decision and although ...

  • Notes & Comments

    The case Markovic

    22/06/2007 - Barbara Randazzo

    Classificazione: Dignity - Art. 1 Human dignity - Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Justice: remedy - Justice: effective - Right to an effective remedy before a tribunal - General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights - Art. 53 Level of protection

    The text concerns the theme of State liability for war actions and a debated verdict by Strasbourg s Court CEDU Verdict Great Chamber in suit n Markovic and others v Italy which seems to reveal ...

  • Notes & Comments

    The Council of Europe and the state secrets

    21/06/2007 - Giovanni Salvi

    Classificazione: Justice - General provisions

    The author draws attentions to the importance of two resolutions of the European Council s Parliamentary Assembly concerning espionage and State secret the Resolution n and the Advice n At source of the two documents ...

  • Notes & Comments

    Jurisdiction, European law and search for new strategies for judges’ training

    06/06/2007 - Roberto Conti

    The establishment of Community and supranational law changes mostly in civil law countries the role of national judges Judges must know the relations between the different sources of law relations which aren t always based ...

  • Notes & Comments

    A recent speech by Guy Canivet

    31/05/2007 - Simone Gaboriau

    Classificazione: General theme

  • Notes & Comments

    Responsibility of the State, now a word is enough

    31/05/2007 - Ferdinando Lajolo di Cossano

    Classificazione: Justice

    More and more the judges of Luxemburg deal with the responsibility of the State in community law After the establishment of the responsibility of the State as lawmaker and administrator the Court has asserted the ...

  • Notes & Comments

    Review of the Spanish jurisprudence concerning the taking of DNA samples

    31/05/2007 - Miguel Carmona Ruano

    Classificazione: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent

    The present state of Spanish jurisprudence about the taking and subsequent use of biological samples for judicial inquiry can be summed up in two principles the taking of biological samples from the accused person may ...

  • Notes & Comments

    The European Parliament, the European Communities' Court of Justice and the Court of Strasbourg revive the Charter of Nice: a message for the future Intergovernmental Conference?

    05/05/2007 - Giuseppe Bronzini, Valeria Piccone

    Classificazione: Art. 51 Scope

    The European Parliament the European Communities Court of Justice in the Unibet decision of and the European Court of Human Rights with the Vilho Eskelinen decision of revive the Charter of Nice and the issue ...

  • Notes & Comments

    The French Council of State between European national and straight constitution

    04/05/2007 - Fabio Licata

    Classificazione: Art. 51 Scope - Art. 52 Scope of guaranteed rights

    The French Council of State emphasises the central role of fundamental rights in the integration process between national constitutional order and basic principles of European Cummunity Law ruling that the domestic control of constitutionality of ...