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Articles

European 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.

Judgments

Does 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 Information

Italian prison overcrowding, a solved problem?

Can Italian diplomatic assurances about prison overcrowding issue be trusted?

Articles

Trust 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?

Judgments

Videoconference 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.

Judgments

Presumption of innocence and compensation to victims (ECtHR, Pasquini 2020)

Compensation to crime victim without conviction violates presumption of innocence. 

Articles

Closed 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?

 

Judgments

Italian 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.

Articles

Does 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 Information

Extradition to Italy

How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.

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