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The French Constitutional Council, the Treaty of Lisbon and the amendment to the French Constitution
02/03/2008 -
Giuseppe Allegri
Classificazione: General provisions - Art. 53 Level of protection
France is the fifth member State of the EU and the first among the founders to ratify the Treaty of Lisbon after Hungary Malta Rumania and Slovenia The process for ratification passed through a decision ...
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La responsabilite’ de l’etat pour violations du droit
28/02/2008 -
Ferdinando Lajolo di Cossano
Classificazione: General provisions - Art. 52 Scope of guaranteed rights
The comment examines the case law s development in the matter of the State s responsibility for violation of Community law by national judges also last instance judges taking in considerations its premises and effects ...
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Human Dignity in the Portuguese Constitutional law
24/02/2008 -
Chiara Meoli
Classificazione: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - General provisions - Art. 52 Scope of guaranteed rights
The Portuguese Constitution expressly states the principle of human dignity in its art according to which Portugal is a sovereign Republic founded on human dignity and on the people s will and it is committed ...
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The irresponsibility of the Italian Court of Cassation with regard to the Court of Strasbourg
31/01/2008 -
Maurizio de Stefano
Classificazione: Justice - Art. 47 Fair trial, public hearing
The Author expresses a negative opinion on the decision n of the Italian Court of Cassation which with regard to compensation for unjustified delays in the trial is not in line with the Court of ...
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Corresponding interpretation: starting points for some considerations
31/01/2008 -
Giovanna Pistorio
Classificazione: General provisions - Art. 51 Scope - Art. 53 Level of protection
Taking the cue from some recent decisions of the Court of Justice the comment reconstructs the Court s guidelines on the issue of corresponding interpretation with regard to the Community law and the relation with ...
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Great Britain and the Charter of fundamental rights: will the opting out function?
14/01/2008 -
Fabio Licata
Classificazione: General provisions - Art. 51 Scope - Art. 53 Level of protection
The Protocol to the Treaty of Lisbon which provides the opting out of the United Kingdom from the legally binding effectiveness of Charter of Nice will hardly prevent an indirect application of the principles of ...
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The second “proclamation” of the Charter of rights and the amendment Treaty
20/12/2007 -
Elena Paciotti
Classificazione: General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights - General theme
The comment is a critical analysis of the reasons of the new proclamation of the European Union s Charter of fundamental rights but it appreciates the innovations introduced by the amendment Treaty ...
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The national res iudicata in the European Communities’ Court of Justice
10/11/2007 -
Ferdinando Lajolo di Cossano
Classificazione: General provisions - Art. 52 Scope of guaranteed rights
Community Law prevents the enforcement of a provision of national law such as art Italian civil code which states the principle of the authority of the res iudicata insofar as this hinders the full effectiveness ...
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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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Some considerations on bioethics and protection of human rights
30/10/2007 -
Chiara Meoli
Classificazione: Dignity - Art. 3 Physical and mental integrity
The Italian legal system offers several useful principles concerning themes which involve bioethics in many norms Considering the many different interpretations given to such norms the wish is to identify also in bio-law a core ...
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