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Now a bridge-treaty is needed
17/06/2008 -
Lucia Serena Rossi
Classificazione: General provisions - Art. 53 Level of protection
After the no to the Irish referendum on the Treaty of Lisbon the Author suggests the drafting of a bridge-treaty which allows States which have ratified the Treaty to approve the new rules and regulates ...
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Non-discrimination, equality of treatment and of opportunities in the European legal system. From the European Convention of Human Rights of the European Council to the Treaties and the Charter of fundamental rights of the European Union
16/06/2008 -
Rosa Quesada Segura
Classificazione: Equality - Art. 21 Non discrimination - General provisions - Art. 53 Level of protection
The comment examines the principle of non-discrimination and its jurisprudential applications in the light of the ECHR and of the European Charter of fundamental rights ...
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Dialogue between High Courts
13/06/2008 -
Renato Foglia
Classificazione: General provisions - Art. 53 Level of protection
The comment examines some cases of productive dialogue between high courts ...
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Attribution of pension after death to same-sex partner. First positive application of Directive 2008/78/CE
31/05/2008 -
Matteo Bonini Baraldi
Classificazione: Equality - Art. 21 Non discrimination
The Court of Justice has for the first time applied the prohibition of discrimination according to sexual inclination granted by Directive CE deciding on a case concerning pension rights of the registered partner and reverting ...
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The problem of the intangibility of the res iudicata between Court of Strasbourg, national judges, Constitutional Court and… legislator? (observation concerning decision no. 129/08 of the Italian Constitutional Court
30/05/2008 -
Vincenzo Sciarabba
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 53 Level of protection
Starting from a decision taken by the Italian Constitutional Court which has declared that the instrument of rehearing revisione as a remedy against a final decisions imposing a penalty after a trial deemed as unfair ...
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Court of Justice and corresponding interpretation: the decision Velasco Navarro
11/05/2008 -
Valeria Piccone
Classificazione: Equality - General provisions - Art. 51 Scope
The Author examines the most recent developments concerning corresponding interpretation in the Court of Justice s case-law which tends to override by way of interpretation the limitation to horizontal effects of directives also in the ...
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The Polish Constitutional Court makes the accounts with the past: the lustration procedures before the courts Warsaw
09/05/2008 -
Oreste Pollicino
Classificazione: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - General provisions - Art. 53 Level of protection
The Polish constitutional Tribunal has in a recent decision annulled the amendments to the lustration procedure introduced by way of Acts and The decision is very interesting because the Polish constitutional judges have tried to ...
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The principle of cooperation and the duty to re-examine a definitive administrative decision
06/05/2008 -
Marco Lombardo
Classificazione: Justice - Art. 47 Justice: remedy - Justice: effective
The Author analyses a recent case of the Court of Justice on the interpretation of the cooperation principle based on article EC for the re-examine of a definitive administrative decision founded on the wrong interpretation ...
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Freedom of religion and laicality in Europe: some considerations
05/05/2008 -
Chiara Meoli
Classificazione: Freedoms - Art. 10 Freedom of thought - Freedom of conscience - Equality - Art. 22 Respect of cultural, religious and linguistic diversity
Among the identity characteristics of Europe many as well as contradictory as it is natural in a complex reality like Europe in the second half of the Twentieth Century the principle which has taken the ...
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The increasing importance of the ECHR in the Italian legal system: comment to the decision n. 39/08 of the Italian Constitutional Court
05/05/2008 -
Vincenzo Tutinelli
Classificazione: General provisions - Art. 53 Level of protection
Taking the cue from the decision n of the Italian Constitutional Court which has abrogated a bankruptcy norm because in contrast with the ECHR the Author reconstructs the increasing importance of the Court of Strasbourg ...
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