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European Observer on fundamental right's respect

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Case Law C-220/20 (10/12/2020)

Type: Order

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/10/2020

Subject: The Court declared the reference for a preliminary ruling made by the Giudice di pace di Lanciano manifestly inadmissible. He demanded if Articles 2, 4(3), 6(1) and 9 of the Treaty on [European] Union and Articles 67(1) and (4), 81 and 82 of the Treaty on the Functioning of the European Union, in conjunction with Articles 1, 6, 20, 21, 31, 34, 45 and 47 of the Charter of Fundamental Rights of the European Union, preclude national provisions such as Decree Law No 18 of 17 March 2020, the decision of the Council of Ministers of 31 January 2020 declaring a state of national health emergency for six months and Articles 14 and 263 of Decree Law No 34 of 19 May 2020 extending the national state of emergency for Covid-19 and the paralysis of civil and criminal justice and of the administrative work of Italian courts until 31 January 2021, taken together, in so far as they undermine the independence of the referring court and infringe the principle of due process as well as the connected rights to personal dignity, liberty and security, equality before the law, non-discrimination, fair and just working conditions, access to social security benefits and freedom of movement and of residence

Parties: OO (Suspension de l’activité judiciaire)

Classification: Dignity - Art. 1 Human dignity - Freedoms - Art. 6 Personal liberty - Personal security - Equality - Art. 20 Equality - Art. 21 Non discrimination - Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement - Justice - Art. 47 Justice: remedy - Justice: effective

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