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07/09/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal
According to the Court the promotion of judges to a higher court based on an assessment by members of that court of their work and conduct is compatible with EU law The relevant substantive conditions ...
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13/07/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal
The Court affirmed that EU Law precludes national provisions which prohibit a national court subject to disciplinary sanctions being imposed on the judges who make up that court from examining whether an act adopted by ...
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05/06/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Court declared that by conferring on the Disciplinary Chamber of the Supreme Court whose independence and impartiality are not guaranteed jurisdiction to hear and determine cases having a direct impact on the status of ...
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11/05/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal
According to the Court EU Law precludes national legislation which confers on the director of a body competent to conduct investigations and bring disciplinary proceedings against judges and prosecutors the power to adopt acts of ...
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30/03/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal - Art. 48 Presumption of innocence
The Court affirmed that Article TFEU read in the light of the second paragraph of Article and of Article of the Charter of Fundamental Rights of the European Union does not preclude a national court ...
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30/01/2023 -
C 483
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
The decision of the Inter-American Court of Human Rights concerning the destitution of a member of the Electoral Supreme Tribunal in through the resolution of the Parliament outside its competence and in violation of the ...
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21/11/2022 -
C 477
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
The decision of the Inter-American Court of Human Rights case Nissen Pessolani vs Paraguay on the violation of the right to an effective remedy and to an impartial court with regard to the destitution of ...
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07/07/2022 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal
According to the Court EU law does not preclude provisions of procedural law of a Member State which while observing the principle of equivalence have the effect that where the supreme court of the administrative ...
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29/03/2022 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal
According to the Court the mere fact that a judge was appointed at a time when that judge s Member State was not a democratic regime does not affect the independence and impartiality of that ...
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16/11/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
The Court affirmed that EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts secondments which that minister who is also the Public ...