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11/07/2007 -
European Authorities: Court of first instance of the European Communities
Classificazione: Justice - Art. 48 Rights of defence
Such as in the Modjahedines case the Court maintained that the contested act had been adopted via a legislative procedure that had not respected the claimant s defence rights The party concerned should have been ...
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26/06/2007 -
European Authorities: Euopean Communities' Court of Justice
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 48 Rights of defence
The Court confirms the legality of the directive on prevention of the use of the financial system for the purpose of money laundering The Court rules that the obligations of information and of cooperation with ...
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03/05/2007 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione Sezione VI penale
Classificazione: Freedoms - Art. 6 Personal liberty - Justice - Art. 48 Rights of defence
The Court established that European warrant is different from extradition procedure because following up final decision of accused consignment it consists in a merely executive phase in which the accused must be hand over to ...
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03/05/2007 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione Sezione VI penale
Classificazione: Freedoms - Art. 6 Personal liberty - Justice - Art. 48 Rights of defence
The Court considered unfounded the violation of orality principle and observance of debate decided by German Judicial Authority which had passed a sentence based on deposition of a Police Officer who had told witness testimony ...
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21/03/2007 -
National Courts: Supreme Courts (Italy) - Corte Costituzionale
Classificazione: Art. 48 Rights of defence
The Constitutional Court has dismissed the question of constitutional conformity of artt quarter I par and Code of Criminal Procedure concerning trial by default with regard to artt I par I par and II III ...
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01/02/2007 -
European Authorities: Euopean Communities' Court of Justice
Classificazione: Art. 42 Right to access documents of EU institutions - Art. 47 Justice: effective - Art. 48 Presumption of innocence - Rights of defence
The Court once again finds itself dealing with measures freezing funds of persons and entities adopted in the context of combating terrorism The Court confirms the judgment of Court of First Instance that correctly refused ...
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31/01/2007 -
National Courts: Supreme Courts (Germany) - Corte di cassazione tedesca Bundesgerichthof
Classificazione: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Justice - Art. 48 Rights of defence
Hidden on-line searches are not allowed due to lack of a specific legal base Specifically it cannot be based on art of the German code of criminal procedure which does not permit a secret search ...
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18/01/2007 -
European Authorities: European Court of human rights
Classificazione: Art. 4 Torture - Inhuman treatments - Degrading treatments - Art. 6 Personal security - Art. 47 Right to an effective remedy before a tribunal - Art. 48 Rights of defence
Prohibition of torture absence of an effective investigation right to liberty and security right to have lawfulness of detention decided speedily by a court lawfulness of detention right to trial within a reasonable time or ...
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20/12/2006 -
National Courts: Supreme Courts (Italy) - Corte di cassazione Sezione II penale
Classificazione: Justice - Art. 48 Rights of defence
The seizure for equivalent and the preventive attachment which precedes it have not to restrict themselves to goods pertaining with the crime So the Court gave a non-strict construction of the main-decision established by UE ...
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14/12/2006 -
European Authorities: Euopean Communities' Court of Justice
Classificazione: Art. 48 Rights of defence
The Court rules that article of Council Regulation No on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that in case of default judgment ...