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European Observer on fundamental right's respect

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Case Law 1885/2005 (28/05/2009)

Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Tribunale di Trieste

Date: 05/28/2009

Subject: The Court, in the matter of right to health, chooses a “restrictive interpretation” of art. 16 of the preliminary norms to the Italian civil code (according to which “the foreigner has all civil rights granted to the citizen on condition of reciprocity and except for the norms provided by special laws”) which excludes its application each time the issue concerns human fundamental rights, since the constitutional principles and art. 1 of the Charter of Fundamental Rights of the E.U. recognize with no limit nor discrimination such rights

Original language: Italian

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 35 Preventive health care

Text download Italian

Notices: Effectiveness of the Charter
The decision recalls the Charter of Fundamental Rights of the E.U.