Type: Other

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

Date: 01/23/2007

Subject: Even when no specific complaint procedures are in place, a Court's ruling in separation or divorce proceedings concerning the interest of a child is always subject to appeal, as contemplated by the domestic legal order as well as general supranational and Convention principles. The effectiveness of legal action on this subject must be granted also taking into account the reference that Community regulation 2201/03 makes to the Charter of fundamental rights, which is otherwise not binding.

Original language: Italian

Classification: Art. 47 Right to an effective remedy before a tribunal

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Notices: Effectiveness of the Charter
The ruling refers to the Nice Charter.