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Notes & Comments: 758 objects found.

  • Notes & Comments

    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 ...

  • Notes & Comments

    “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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • 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 ...