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The Strasbourg Court on lawful acquisition of evidence
15/09/2007 -
Luca de Matteis
Classificazione: Justice - Art. 47 Fair trial, public hearing
The author examines some of the most recent decisions of the European Court of Human Rights in the field of interference between acquisition of evidence in criminal proceedings and rights of the accused He traces ...
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The recent jurisprudence of the House of Lords in the European area
10/09/2007 -
Fabio Licata
Classificazione: General provisions - Art. 52 Scope of guaranteed rights - Art. 53 Level of protection
The recent House of Lords case-law increasingly recognizes the effects of the integration between the British legal system and the European Union and the Council of Europe The Dabas case regarding the topics of European ...
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Professional secrecy and Right to a fair trial
10/09/2007 -
Valentina Bazzocchi
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 48 Rights of defence
The Court holds that the obligations of information and of cooperation with the authorities responsible for combating money laundering imposed on lawyers where they participate in certain financial transactions with no link to judicial proceedings ...
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The Esthonian Constitutional Court deals with the relation between constitutional and community law
04/09/2007 -
Oreste Pollicino
Classificazione: General theme
A recent decision of the constitutional section of the Esthonian Supreme Court highlights that even if the Constitution is not very prone to links with the community law effectively cooperative constitutional judges can reshape the ...
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Right to strike and freedom of circulation in recent conclusions of Advocates General
30/08/2007 -
Giuseppe Bronzini Valeria Piccone
Classificazione: Solidarity - Art. 28 Rights of workers, employers and their organisations: collective actions - Rights of workers, employers and their organisations: strike
The authors comment on two recent conclusions of Advocates General Maduro and Mengozzi in cases that have already provoked an ample debate not only in public opinion but also among experts concerning the limits in ...
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A memorandum for the protection of human rights which enforces the unity between the European Union and the Council of Europe
29/08/2007 -
Roberto Conti
Classificazione: General theme
The memorandum subsribed in Strasburg during the th session of the Commitee of Ministers represents a milestone for the implementation of the relations between the European Union and the Council of Europe The protection of ...
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Terrorism, listing and human rights
15/07/2007 -
Giovanni M. Armone
Classificazione: Equality - Art. 20 Equality - Justice - Art. 47 Right to an effective remedy before a tribunal - Art. 48 Presumption of innocence - Rights of defence
The Author examines the question of listing and its influence on the respect of fundamental rights The comment takes the cue from the mechanism introduced after September th according to which the United Nations and ...
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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 ...
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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 ...
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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 ...
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