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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

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.)

Judgments

Lifeboat case: is murder allowed by necessity? (Queen vs. Dudley and Stephens)
A man who, in order to escape death from hunger, kills another for the purpose of eating his flesh, is guilty of murder; although at the time of the act...