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The judgment Parliament v. Council C-133/06 : another case of conflict between istitutions
07/07/2008 -
Valentina Bazzocchi
Classificazione: General theme
The comment underlines the reasons for which the Court put a stop to the attempt by the Council to spread its powers ...
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“Social rights” in the recent case law of the European Court of Human Rights
30/06/2008 -
Giulia Cinelli
Classificazione: Freedoms - Art. 15 Foreign workers - Art. 17 Right to property - Equality - Art. 20 Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women - Art. 26 Rights of the disabled - Solidarity - Art. 33 Parental leave - Art. 34 Social security - Justice - Art. 47 Fair trial, public hearing
The European Court of Human Rights is extending its jurisdiction to an area of strictly national competence social security The norm which has been subjected to a broad interpretation is art of the Protocol to ...
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The review of definitive administrative national decisions after a new decision of the Court of Justice
29/06/2008 -
Ferdinando Lajolo di Cossano e Sara Milano
Classificazione: General provisions - Art. 53 Level of protection
This comment examines the effects of a recent decision of the Court of Justice case Kemper on the review of a final administrative judgement ...
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The ECHR in the case Ravon vs France: the problematic relation between revenue accesses and inspections and fair trial
28/06/2008 -
Alberto Marcheselli
Classificazione: Justice - Art. 47 Fair trial, public hearing
This comment examines the effects of the recent decision of the European Court of Human Rights on the balance between public interest and effective revenue inspections and principles of the fair trial ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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