Tag: fundamental rights

It is up to the law of the Union to establish the levels of protection of fundamental rights, on the respect of which the legitimacy of the regulation of the European Arrest Warrant and its concrete execution at the national level are subordinate: a conviction without a defender does not constitute any violation of the inviolable right to defense, since the trial can be reopened (without a question of constitutional legitimacy to activate the so-called counter-limits).

Surrender in European arrest warrant proceeding has to be rejected if fundamental rights are at risk and EAW is disproportionated. 

Italian prison system has to grant right to sexuality to inmates with their partner (even if not married): the issue of affectivity during the detention concerns the identification of the…

Electronic messages - e-mails, SMS, WhatsApp .. - represent a form of correspondence protected by Italian Constitution.