Notes & Comments: 787 objects found.

• 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 ...

• Notes & Comments

  The problem of the intangibility of the res iudicata between Court of Strasbourg, national judges, Constitutional Court and… legislator? (observation concerning decision no. 129/08 of the Italian Constitutional Court

  30/05/2008 - Vincenzo Sciarabba

  Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 53 Level of protection

  Starting from a decision taken by the Italian Constitutional Court which has declared that the instrument of rehearing revisione as a remedy against a final decisions imposing a penalty after a trial deemed as unfair ...