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The national res iudicata in the European Communities’ Court of Justice
10/11/2007 -
Ferdinando Lajolo di Cossano
Classificazione: General provisions - Art. 52 Scope of guaranteed rights
Community Law prevents the enforcement of a provision of national law such as art Italian civil code which states the principle of the authority of the res iudicata insofar as this hinders the full effectiveness ...
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European jurisprudence on time contracts
31/10/2007 -
Antonella Di Florio
Classificazione: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - General provisions - Art. 53 Level of protection
The Author reconstructs the Court of Justice s jurisprudence on time contracts in particular with regard to the importance of non regression clauses for States and to the consequences concerning the contract s validity of ...
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Some considerations on bioethics and protection of human rights
30/10/2007 -
Chiara Meoli
Classificazione: Dignity - Art. 3 Physical and mental integrity
The Italian legal system offers several useful principles concerning themes which involve bioethics in many norms Considering the many different interpretations given to such norms the wish is to identify also in bio-law a core ...
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The Lithuanian Constitutional Court and the prejudicial return to the Court of Justice
30/10/2007 -
Oreste Pollicino
Classificazione: Solidarity - Art. 38 Consumer protection - General provisions - Art. 53 Level of protection
The Lithuanian judges ask the Community judge if the directive n implies that member States transposition norms should expressly provide that customers-consumers have the right to choose which electric power network for transmission or distribution ...
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Agreement between the European Union and the United States of America on the PNR data
13/10/2007 -
Valentina Bazzocchi
Classificazione: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent
The article indicates the critical aspects regarding the new agreement which has replaced the interim Agreement signed by the EU and the United States in October after the Court of Justice annulled the text because ...
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Italian experiments of multiculturalism: the Ministry of the Interior’s decree about rights and duties of immigrants
30/09/2007 -
Giuseppe Bronzini
Classificazione: Freedoms - Art. 10 Freedom of thought - Freedom of conscience - Freedom of religion - Equality - Art. 20 Equality
A comment on the Italian Charter of the values of citizenship and integration approved on with a decree of the Italian Minister of the Interior which recalls the Declaration on interreligious dialogue adopted by the ...
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Comment about the decision of the Bundesgerichthof on 31.1.2007
26/09/2007 -
Emilio Gatti
Classificazione: Freedoms - Art. 8 Personal data: fairly processing - Justice - Art. 48 Rights of defence
A comment about the decision of the Bundesgerichthof on concerning hidden on-line searches ...
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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 ...