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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 ...
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Freedom of religion and laicality in Europe: some considerations
05/05/2008 -
Chiara Meoli
Classificazione: Freedoms - Art. 10 Freedom of thought - Freedom of conscience - Equality - Art. 22 Respect of cultural, religious and linguistic diversity
Among the identity characteristics of Europe many as well as contradictory as it is natural in a complex reality like Europe in the second half of the Twentieth Century the principle which has taken the ...
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The increasing importance of the ECHR in the Italian legal system: comment to the decision n. 39/08 of the Italian Constitutional Court
05/05/2008 -
Vincenzo Tutinelli
Classificazione: General provisions - Art. 53 Level of protection
Taking the cue from the decision n of the Italian Constitutional Court which has abrogated a bankruptcy norm because in contrast with the ECHR the Author reconstructs the increasing importance of the Court of Strasbourg ...
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Europe and torture: comment to the decision Saady v. Italy
02/05/2008 -
Roberto Conti
Classificazione: Freedoms - Art. 19 Extradition
The decision against Italy is a fundamental stage of the Court of Strasbourg towards the recognition of a hard core of fundamental rights which does not allow any restrictions In this case the Court has ...
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Flexicurity and dignified work in Europe: a possible coexistence?
26/04/2008 -
Clemente Massimiani
Classificazione: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified
This comment analyzes the relation between two notions of particular importance in today s debate in international and European labour law dignified work and flexicurity The former is a cornerstone of the work program of ...
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The return of the worker in the member State of which he is citizen and the right to stay of his relative, citizen of a third State
21/04/2008 -
William Chiaromonte
Classificazione: Freedoms - Art. 7 Privacy - Citizens’ rights - Art. 45 Freedom of movement
This document is a comment to the Court of Justice s decision of December C According to the Author the decision reasserts the principle of Community citizenship as gravitational centre of the Community discipline on ...
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The primacy of the most favourable treatment in the protection of human rights
09/04/2008 -
Maurizio de Stefano
Classificazione: General provisions - Art. 53 Level of protection
The comment examines the matter of the primacy of the most favourable treatment in the protection of human rights in the light of the Italian Constitutional and Cassation Courts recent decisions about the ECHR ...
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The European Court of human rights and adoption by a single homosexual
31/03/2008 -
Elena Falletti
Classificazione: Freedoms - Art. 7 Privacy - Equality - Art. 21 Non discrimination
The comment examines the recent Court of Strasbourg s decision of against France and reconstructs the former decisions on the specific matter underlining the innovative character of the decision ...
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Strict penitentiary regimes, protection of security and fundamental human rights
30/03/2008 -
Alberto Marcheselli
Classificazione: Dignity - Art. 4 Inhuman punishments - Degrading punishments - Freedoms - Art. 7 Privacy - Justice - Art. 47 Right to an effective remedy before a tribunal
The comment examines the Court of Strasbourg s most recent decisions on the compatibility of Italian special penitentiary regimes with the ECHR ...
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European Union (Amendment) Bill and the Lisbon Treaty: Implications for the UK Constitution
28/03/2008 -
House of Lords
Classificazione: General provisions - Art. 51 Scope - Art. 53 Level of protection
The report examines the impact deriving from the ratification of the Lisbon Treaty in the juridical system of Great Britain ...