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European Observer on fundamental right's respect

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Notes & Comments: 787 objects found.

  • Notes & Comments

    Great Britain and the Charter of fundamental rights: will the opting out function?

    14/01/2008 - Fabio Licata

    Classificazione: General provisions - Art. 51 Scope - Art. 53 Level of protection

    The Protocol to the Treaty of Lisbon which provides the opting out of the United Kingdom from the legally binding effectiveness of Charter of Nice will hardly prevent an indirect application of the principles of ...

  • Notes & Comments

    The second “proclamation” of the Charter of rights and the amendment Treaty

    20/12/2007 - Elena Paciotti

    Classificazione: General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights - General theme

    The comment is a critical analysis of the reasons of the new proclamation of the European Union s Charter of fundamental rights but it appreciates the innovations introduced by the amendment Treaty ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...

  • Notes & Comments

    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 ...