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European agreements in the matter of immigration
24/12/2022 -
Franco Roberti
Classificazione: Freedoms - Art. 18 Right to asylum
The Author examines the agreements in the EU in the matter of immigration Our thanks to the review Giustizia Insieme ...
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Enlargement of objective jurisdiction and new limit of the res iudicata after the decision of the EU Court of Justice of 17 May 2022 (joined cases C-693/19 and C-831/19)
23/12/2022 -
Paolo Spaziani
Classificazione: General provisions - Art. 51 Scope
The Author examines the decision of the Court of Justice on the limit of the res iudicata in proceedings concerning injunctions within trials covered by Union law Our thanks to the review Giustizia Insieme ...
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Comment to the decision of the ECHR, Third Section, in the case Xenofontos and others vs Cyprus of 25 October 2022, on the violation of the right to a fair trial
20/12/2022 -
Alessandro Andronio, Matilde Brancaccio
Classificazione: Justice - Art. 47 Fair trial, public hearing
The Authors examine the decision of the Court of Strasbourg in the case Xenofontos in the matter of right to a fair trial ...
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Comment to the decision of the ECHR, in the case Loste vs France of 3 November 2022, on the violation of the right to an effective remedy in relation to the right to freedom of religion
20/12/2022 -
Gabriella Cappiello
Classificazione: Freedoms - Art. 10 Freedom of religion - Justice - Art. 47 Justice: effective
The Author comments on the decision of the ECHR in the case Loste vs France on the right to an effective remedy in relation to the right to freedom of religion ...
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European Court of Human Rights, case Liu vs Poland of 6 October 2022, regarding a case of extradition from Poland to China
20/12/2022 -
Gaetano De Amicis
Classificazione: Dignity - Art. 4 Inhuman treatments - Degrading treatments
The Author comments on the ECHR jurisprudence in the matter of extradition to countries where the prisoner runs the risk of inhuman and degrading treatments ...
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Refusal of preliminary referral for misrepresentation of the request of the party: revocation of the decision or “mere” obligation for the administrative judge to compensate the damage? (Council of State, order 3 October 2022, n. 8436, referral to the plenary meeting)
15/12/2022 -
Marco Magri
Classificazione: Justice - Art. 47 Fair trial, public hearing
Does the misrepresentation of the request of the party of preliminary referral determine the possibility to revoke the decision of the administrative judge Our thanks to the review Giustizia Insieme ...
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Form and formalism between Court of Cassation and ECHR
12/12/2022 -
Francesco Buffa
Classificazione: Justice - Art. 47 Fair trial, public hearing
Analysis of the procedures of the trial before the Court of Cassation in the light of the jurisprudence of the ECHR Our thanks to Rivista Questione Giustizia ...
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The Court of Justice excludes that an irregular migrant, affected by a serious illness, can be rejected if an adequate therapy in order to protect him from the fast, significant and inevitable increasing of pain is not available in the country of destination
05/12/2022 -
Giuseppe Bronzini
Classificazione: Dignity - Art. 4 Inhuman treatments - Degrading treatments
The Author examines the decision of the Court of Justice which establishes the prohibition to transfer an irregular migrant in another country where the person would suffer an intolerable increasing of pain deriving from his ...
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The Court of Justice enhances the role of the common judge in guaranteeing migrants’ right to freedom and to a fair trial
01/12/2022 -
Giuseppe Bronzini
Classificazione: Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Fair trial, public hearing
The Author examines a decision of the Court of Justice on the right to a fair trial of migrants kept in a centre pending their transfer to another State of the Union or their repatriation ...
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Comment to the decision of the European Court of Human Rights, case Bouton vs France of 13 October 2022, in the matter of freedom of thought
01/12/2022 -
Sandra Recchione
Classificazione: Freedoms - Art. 10 Freedom of thought
The Author comments on the most recent jurisprudence of the Euroipean Court of Human Rights in the matter of freedom of thought ...
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