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26/02/2008 -
National Courts: Supreme Courts (Germany) - Bundesverfassungsgericht
Classificazione: General provisions - Art. 53 Level of protection
In a case of incest the Court proceeds to reconstruct the discipline of this matter in several countries ...
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26/02/2008 -
National Courts: Supreme Courts (Germany) - Bundesverfassungsgericht
Classificazione: Freedoms - Art. 7 Privacy
The Court conforms itself to the Court of Strasbourg s guideline according to which there must be an equal balance between the right to information and respect for privacy even with regard to very famous ...
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25/02/2008 -
National Courts: Supreme Courts (Italy) - Corte Costituzionale
Classificazione: General provisions - Art. 53 Level of protection
The Court states the unconstitutionality of certain norms concerning bankruptcy because in contrast with the ECHR s case law and reasserts the principle of non direct applicability of such case law ...
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21/02/2008 -
National Courts: Supreme Courts (France) - Conseil Constitutionnel
Classificazione: Justice - Art. 49 Proportionality of penalties
The French Constitutional Council has validated the proceeding provided for by the law on security detention measures which allows detention in a medical-judiciary centre of detention for people accused of certain serious crimes provided that ...
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20/02/2008 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione
Classificazione: Dignity - Art. 1 Human dignity - Freedoms - Art. 7 Privacy
Also prisoners subjected to a special penitentiary regime in the light of the Supreme Court s case law can have access to assisted procreation programs Restrictions imposed thereon even if concerning dangerous detainees apart from ...
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20/02/2008 -
National Courts: Merit's Courts (England) - Asylum and Immigration Tribunal
Classificazione: Justice - Art. 47 Fair trial, public hearing
The judge of immigration has established that in certain circumstances the absence of a party at the hearing of appeal must not be considered as a violation of the right to witness if the party ...
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15/02/2008 -
National Courts: Supreme Courts (Eire) - High Court
Classificazione: Freedoms - Art. 18 Right to asylum
The High Court has rejected the hypothesis that the claimant could take advantage of the legitimate confidence on the norms of the Convention of Geneva of to state the duty of the Director of Public ...
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12/02/2008 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione
Classificazione: Freedoms - Art. 17 Intellectual property - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties
The Court of Cassation reconstructs the complex discipline in the matter of SIAE marks for the protection of intellectual property in the light of Community Law and of its interpretation provided by the Court of ...
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12/02/2008 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione
Classificazione: Freedoms - Art. 17 Intellectual property - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)
The Italian Court of Cassation reconstructs the Community Law as interpreted by the Court of Justice which influences the criminal importance of the lack of the SIAE mark but it concludes that in the specific ...
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12/02/2008 -
National Courts: Supreme Courts (Latvia) - Satversmes tiesa
Classificazione: Freedoms - Art. 7 Privacy - Equality - Art. 24 Children’s rights
The Satversmes tiesa has established the illegitimacy of legislative limits to the payment of social grants to people who look after children with serious handicaps The Court has not recognized any legitimate aim that justifies ...