Home
Firm profile
Readings
Contacts
Firm profile

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.

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. 

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...

1 2