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Judgments

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

Compensation to crime victim without conviction violates presumption of innocence. 

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.

Judgments

TFUE, statute of limitations and Italian legal principles (Constitutional Court, 115/18)

Do Italian courts have to disapply certain provisions of Italian law concerning statutes of limitations due to European rules?

 

Judgments

Italian in absentia conviction infringes human dignity (BVerfG 2735/15)

The Italian rules governing the retrial of in absentia convictions do not respect human dignity.

Judgments

Italy's police forces tortured peaceful protestes in Genova 2001 (ECtHR, 6884/11)

Italy violated both the material and procedural aspects of article 3 of the Convention due to the ill-treatment suffered by the applicant which must be classified as “torture”.

Judgments

Only consolidated interpretation requires national judges to apply ECHR (It. Constitutional court. 49/2015)

It is thus only “consolidated law” resulting from the case law of the European Court on which the national courts are required to base their interpretation.

 

Judgments

EU rights of the defence (CJEU, 550/07)
It must be recalled that in all proceedings in which sanctions, especially fines or penalty payments, may be imposed observance of the rights of the defence is a fundamental principle...

Judgments

Torture to save human life (ECHR Gäfgen v. Germany, 2010)
Torture, inhuman or degrading treatment cannot be inflicted even in circumstances where the life of an individual is at risk and being absolute, there can be no weighing of other...

Judgments

Balancing fundamental rights with economic freedoms? (ECJ, C-109/04)
Aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty.

Judgments

Fighting Terrorism within the Law

"Regarding the state’s struggle against the terror that rises up against it, we are convinced that at the end of the day, a struggle according to the law will strengthen her power and her spirit. There is no security without law. Satisfying the provisions of the law is an aspect of national security." (HCJ 2056/04 Beit Sourik Village Council v. The Government of Israel, § 86.)

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