ArticlesEuropean supervision measures: Italian resistances to go beyond pretrial detention
There is a risk of an abrogating interpretation of the regulations contained in the FD 829/2009 in Italian Courts: why and how solve it.
JudgmentsDoes EAW respect right to health? Italian Constitutional Court will rule (Court Appeal Milan, Jan 2021)
An Italian Court questions the constitutionality of Italian national EAW transposition law, since nor the Framework Decision neither the implementation Law 69/2005 set out a specific ground for refusal based on the lack of compliance with fundamental rights, in particular with regard to an infringement of the fundamental right to human health and right to be given appropriate therapies, particularly in the area of mental diseases.
Useful InformationItalian prison overcrowding, a solved problem?
Can Italian diplomatic assurances about prison overcrowding issue be trusted?
ArticlesTrust needs facts, not words: diplomatic assurances in extradition proceedings
Reliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?
JudgmentsVideoconference in French criminal courts violates fair trial rights (Conseil d’État, 27.11.2020)
Conseil d’État suspends the use of videoconferencing in criminal court hearings since it violates the right to a fair trial.
JudgmentsPresumption of innocence and compensation to victims (ECtHR, Pasquini 2020)
Compensation to crime victim without conviction violates presumption of innocence.
ArticlesClosed doors, virus infects Italian criminal trial
The publicity of court proceedings protects defendants against secret justice: does Italian COVID 19 regulation regarding cloud doors respect the rule of law?
JudgmentsItalian Government has to grant compensation to victims of violent intentional crimes (CJEU, 129/19)
Each Member State has the obligation to provide a scheme on compensation to victims of violent intentional crimes committed in its territory.
ArticlesDoes the Covid19 disease infect the rule of law in Italy?
COVID 19 disease and the impact of emergency legislation on crriminal justice in Italy.
Useful InformationExtradition to Italy
How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.