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With regard to the EUCJ decision of 9 November 2023, Staarsanwaltschaft Aachen, on the principle of the mutual recognition of criminal decisions
01/12/2023 -
Gabriella Cappello
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Author comments on the most recent jurisprudence of the Court of Justice on mutual recognition of criminal sentences ...
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With regard to the EUCJ decision of 9 November 2023, BK v. Bulgaria, on procedural guarantees on the juridical requalification of the fact
01/12/2023 -
Alessandro Andronio
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Author examines a decision of the Court of Luxembourg on guarantees in the fair trail ...
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09/11/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Court affirmed that the competent authority of the executing Member State may refuse to recognise and enforce a judgment imposing a criminal sentence delivered by a court of another Member State where it has ...
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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 ...