JudgmentsPresumption of innocence and compensation to victims (ECtHR, Pasquini 2020)
Compensation to crime victim without conviction violates presumption of innocence.
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.
JudgmentsTFUE, 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?
JudgmentsItalian in absentia conviction infringes human dignity (BVerfG 2735/15)
The Italian rules governing the retrial of in absentia convictions do not respect human dignity.
JudgmentsItaly'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”.
JudgmentsOnly 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.
JudgmentsEU rights of the defence (CJEU, 550/07)
JudgmentsTorture to save human life (ECHR Gäfgen v. Germany, 2010)
JudgmentsBalancing fundamental rights with economic freedoms? (ECJ, C-109/04)
JudgmentsFighting 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.)