Tag: european criminal law
ArticlesEuropean 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.
ArticlesTrust 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?
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.
Useful InformationExtradition to Italy
How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.
ArticlesItalian in absentia trial violates the right to a fair trial
The Italian rules governing the retrial of in absentia conviction do not meet European convention on Human rights' standard, because they do not grant the defendant the right to adduce new evidence and disputethe evidence gathered in his absence.
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?
ArticlesEuropean Prosecutor, a Trojan horse for fundamental rights protection?
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.
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.