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Refusal of preliminary referral for misrepresentation of the request of the party: revocation of the decision or “mere” obligation for the administrative judge to compensate the damage? (Council of State, order 3 October 2022, n. 8436, referral to the plenary meeting)
15/12/2022 -
Marco Magri
Classificazione: Justice - Art. 47 Fair trial, public hearing
Does the misrepresentation of the request of the party of preliminary referral determine the possibility to revoke the decision of the administrative judge Our thanks to the review Giustizia Insieme ...
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Form and formalism between Court of Cassation and ECHR
12/12/2022 -
Francesco Buffa
Classificazione: Justice - Art. 47 Fair trial, public hearing
Analysis of the procedures of the trial before the Court of Cassation in the light of the jurisprudence of the ECHR Our thanks to Rivista Questione Giustizia ...
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The Court of Justice excludes that an irregular migrant, affected by a serious illness, can be rejected if an adequate therapy in order to protect him from the fast, significant and inevitable increasing of pain is not available in the country of destination
05/12/2022 -
Giuseppe Bronzini
Classificazione: Dignity - Art. 4 Inhuman treatments - Degrading treatments
The Author examines the decision of the Court of Justice which establishes the prohibition to transfer an irregular migrant in another country where the person would suffer an intolerable increasing of pain deriving from his ...
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The Court of Justice enhances the role of the common judge in guaranteeing migrants’ right to freedom and to a fair trial
01/12/2022 -
Giuseppe Bronzini
Classificazione: Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Fair trial, public hearing
The Author examines a decision of the Court of Justice on the right to a fair trial of migrants kept in a centre pending their transfer to another State of the Union or their repatriation ...
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Comment to the decision of the European Court of Human Rights, case Bouton vs France of 13 October 2022, in the matter of freedom of thought
01/12/2022 -
Sandra Recchione
Classificazione: Freedoms - Art. 10 Freedom of thought
The Author comments on the most recent jurisprudence of the Euroipean Court of Human Rights in the matter of freedom of thought ...
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When the dogma of heterosexuality distorts reality: the strange case of electronic identity cards
30/11/2022 -
Maria Acierno
Classificazione: Equality - Art. 21 Non discrimination
The Author examines also in the light of the European Union and international and of the EU Charter of Fundamental Rights legislation the discrimination of the daughter of two mothers with regard to the issue ...
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Margins and perspective of application of the principle of subsidiarity within CFSP and CSDP
30/11/2022 -
Erasmo Mancini
Classificazione: General provisions - Art. 51 Scope
Principle of solidarity in the Union s foreign and security policy ...
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Current events and reform of the criteria for third States’ accession to the European Union
30/11/2022 -
Erasmo Mancini
Classificazione: General provisions - Art. 51 Scope
How can the system of accession to the European Union be reformed ...
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COI and subsidiary protection. The difficult balance between burden of proof and unofficial duty of judicial cooperation
21/11/2022 -
Gualtiero Michelini
Classificazione: Freedoms - Art. 18 Right to asylum
The Author examines the duty of the judge to request information also ex officio in order to allow subsidiary protection Our thanks to Rivista Questione giustizia ...
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Season of half-closed ports: selective admission, collective rejections and responsibility of flag States
08/11/2022 -
Chiara Favilli
Classificazione: Freedoms - Art. 18 Right to asylum
The Author examines the situation of Italian ports with regard to the arrival of migrants ...
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