Title: Newsletter n.4

Date: 09/15/2007

Text: After the Summer, the web-site www.europeanrights.eu presents to its readers the fourth newsletter. The web-site, first of all, offers the update of the relevant European acts on protection of fundamental rights. We would like to highlight, among the recently included documents, with regard to the European Union acts, the second annual Report of the European Commission on the application of the Hague Programme for the development of the space of liberty, security and justice and the European Parliament’s Resolution on the same subject; the EU Council Resolution concerning a new community strategy for health and security on working places; the European Commission’s Communication on flexicurity; the Green Paper on the future common norm about asylum; the note of the European Warranter of personal data concerning the new agreement between the EU and the USA about data of airplane passengers and the European Parliament’s Resolution on the same subject. With regard to jurisprudence, we must mention the decisions of the Court of Justice C-127/04 on social politics and the protection of workers’ security and health, C-305/05 on professional secrecy of lawyers and laundering, C-231/06 and C-233/06 on equal treatment with regard to retirement and the two decisions of the Court of first instance T-47/03 and T-327/03, which quash acts of assets freeze for suspects of terrorism. With regard to the Council of Europe, we would like to recall the decisions in the cases Dupuis vs France on liberty of information and state secret; Baczkowski and others vs Poland on liberty of meeting for lesbian, gay, bisexual or transexual people; Folgerø vs Norway on the right to education. With regard to international law, we would like to highlight the Sala Plena of the Corte Constitucional’s of Bogotà decision (C-355/2006), which reconstructs the international norms on abortion. In the national jurisprudence area, we would like to underline the House of Lords’ decision of 13 June 2007 on the enforceability of the ECHR concerning the request of some Iraki citizens to ascertain the British Government’s liability for crimes which took place in Irak; the decision of the Bundesgerichtshof of 14.2.2007 on the request for a reversionary annuity in favour of the survivor of a legally registered homosexual couple and the decision of the Bundesvervassungsgericht of 3.7.2007 on the legitimacy German army’s participation in a mission abroad also in the light of international law. With regard to the Italian jurisprudence we would like to recall: the Italian Constitutional Court’s decision (n. 254/2007)of 6.7.2007 which includes in the legal aid the right to nominate an interpreter for the accused person who does not know the Italian language; the Court of Cassation’s decision (n. 13687/2007) of 14.6.2007 on collective dismissals; the Court of Appeal of Florence’s decision of 9.6.2007 on the disapplication of the Italian law about the charter of stay for contrariety to the ECHR and to the Charter of Nice; the Administrative Regional Court of Brescia’s decision, of 24.5.2007, which disapplies Italian law on dispossession for contrariety to the ECHR; the act of the judge of Palermo, of 18.1.2007, which confirms the validation of preventive distress of possession, in the light of the compatibility with the ECHR; the Court of Rome’s decision of 30.5.2007 on intellectual property; the Court of Rossano’s decision of 4.6.2007 on the nullity of term contracts in the public field in the light of the Court of Justice’s decisions; the Court of Milan’s decision of 4.6.2007 on the nullity of term contracts in the private field. The section run by Oreste Pollicino comments on some novelties in the jurisprudence of the Constitutional Review Chamber of the Republic of Estonia. We have also added the following comments: Giovanni Armone, Terrorism, listing and fundamental rights. Anselmo Barone, The protection of contralimits between principles and suggestions. Valentina Bazzocchi, Professional secrecy and guarantees of a fair trial. Giuseppe Bronzini and Valeria Piccone, Right to strike and liberty of circulation in the recent conclusions of the attorney generals. William Chiaromonte, The fundamental right of non community people to social security between the ECHR and the Charter of Nice. Roberto Conti, A memorandum for the protection of human rights which enforces the unity between the EU and the Council of Europe. Luca De Matteis, The Court of Strasburg on legitimate acquisition of proof. Giancarlo Guarino, European Court of Human Rights and Italian extradition. Fabio Licata, The recent jurisprudence of the House of Lords in the European area. Roberto Mastroianni, A hateful and persistent non-fulfilment: the community directive on protection of crime victimes.

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