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The foreseen adherence of the EU to the ECHR
19/12/2007 -
Vladimiro Zagrebelsky
Classificazione: General provisions - Art. 51 Scope - Principle of subsidiarity - Art. 53 Level of protection - General theme
The article examines the consequences of the prediction included in the Treaty of Lisbon of the adherence of the EU to the ECHR not only with regard to problems concerning ways of application but also ...
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14/12/2007 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione
Classificazione: Freedoms - Art. 17 Right to property - General provisions - Art. 53 Level of protection
Following the declaration of unconstitutionality of the Italian law providing the criteria for compensation with regard to dispossessions because in contrast with the ECHR s norms as interpreted in accordance with the Court of Strasbourg ...
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Fundamental rights in the Treaty of Lisbon
13/12/2007 -
Lucia Serena Rossi
Classificazione: General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights - Art. 53 Level of protection - General theme
The Author briefly illustrates the main innovations included in the Treaty of Lisbon on protection of fundamental rights the juridical value of the Charter of fundamental rights the adherence of the European Union to the ...
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08/11/2007 -
National Courts: Merit's Courts (Italy) - Tar Veneto
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - General provisions - Art. 53 Level of protection
The Court excludes that the supervened violation of Community law is a flaw of legitimacy of the administrative act also in the light of the Court of Justice s case law ...
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07/11/2007 -
National Courts: Supreme Courts (Spain) - Tribunal Constitucional
Classificazione: Dignity - Art. 1 Human dignity - Art. 47 Right to an effective remedy before a tribunal - General provisions - Art. 51 Scope - Art. 53 Level of protection
The Court has stated the unconstitutionality of some norms of the law on immigration because they didn t guarantee the effectiveness of certain rights like the right to legal aid which are granted to every ...
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The increasing importance of the European Social Charter
31/10/2007 -
Federico Oliveri
Classificazione: General provisions - Art. 53 Level of protection
The Author examines the recent political revival of the European Social Charter which reached its apex in with the introduction of a system of collective claims at the Council of Europe He interprets such revival ...
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European jurisprudence on time contracts
31/10/2007 -
Antonella Di Florio
Classificazione: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - General provisions - Art. 53 Level of protection
The Author reconstructs the Court of Justice s jurisprudence on time contracts in particular with regard to the importance of non regression clauses for States and to the consequences concerning the contract s validity of ...
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The in direct dispossession in the light of European jurisprudence
30/10/2007 -
Roberto Conti
Classificazione: Freedoms - Art. 17 Right to property - General provisions - Art. 53 Level of protection
The Author examines the recent ECHR and Council of State s decisions regarding compensation from acquisitive occupation and damages from dispossession highlighting in the grounds of the recent ECHR s judgement March Scordino vs Italia ...
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The Lithuanian Constitutional Court and the prejudicial return to the Court of Justice
30/10/2007 -
Oreste Pollicino
Classificazione: Solidarity - Art. 38 Consumer protection - General provisions - Art. 53 Level of protection
The Lithuanian judges ask the Community judge if the directive n implies that member States transposition norms should expressly provide that customers-consumers have the right to choose which electric power network for transmission or distribution ...
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The first report of the Italian Government on the application of the Court of Strasbourg’s decisions
30/10/2007 -
Maurizio De Stefano
Classificazione: General provisions - Art. 53 Level of protection
A comment on the first report of the Government to the Italian Parliament on the application of the Court of Strasbourg s decisions The Author considers positively its formulation and contents ...