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Judgment C-554/21, C-622/21, C-727/21
11/07/2024 - European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: remedy - Independent and impartial tribunal
According to the Court the guarantee of access to an independent tribunal previously established by law means that it is only the judicial panel responsible for the case that is to take the decision closing ...
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Judgment National Courts International Criminal Court
26/06/2024 - National Courts International Criminal Court
Classificazione: Dignity - Art. 1 Human dignity - Art. 3 Physical and mental integrity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
The decision of the International Criminal Court sentenced the accused person police officer of Ansar Eddine and Al Qaeda in the so-called Islamic Maghreb for war crimes and crimes against humanity committed in Timbuktu Mali ...
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Judgment C-53/23
08/05/2024 - European Authorities: Euopean Union' Court of Justice
Classificazione: Freedoms - Art. 12 Freedom of association - Justice - Art. 47 Independent and impartial tribunal
According to the Court EU Law does not not preclude national legislation which by making the admissibility of an action for annulment challenging the appointment of prosecutors competent to conduct criminal prosecutions against judges subject ...
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Notes & Comments
With regard to the EUCJ decision of 9 November 2023, BK v. Bulgaria, on procedural guarantees on the juridical requalification of the fact
01/12/2023 - Alessandro Andronio
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Author examines a decision of the Court of Luxembourg on guarantees in the fair trail ...
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Notes & Comments
With regard to the EUCJ decision of 9 November 2023, Staarsanwaltschaft Aachen, on the principle of the mutual recognition of criminal decisions
01/12/2023 - Gabriella Cappello
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Author comments on the most recent jurisprudence of the Court of Justice on mutual recognition of criminal sentences ...
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Judgment National Courts Inter-American Court of Human Rights
29/11/2023 - National Courts Inter-American Court of Human Rights
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
The decision of the Inter-American Court of Human Rights recognizes the violation of the principle of independence of judges and the right to an effective remedy for the arbitrary and unlawful removal of judges of ...
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Judgment C-819/21
09/11/2023 - European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Court affirmed that the competent authority of the executing Member State may refuse to recognise and enforce a judgment imposing a criminal sentence delivered by a court of another Member State where it has ...
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Judgment C-216/21
07/09/2023 - European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal
According to the Court the promotion of judges to a higher court based on an assessment by members of that court of their work and conduct is compatible with EU law The relevant substantive conditions ...
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Judgment Joined cases C-615/20 and C-671/20
13/07/2023 - European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal
The Court affirmed that EU Law precludes national provisions which prohibit a national court subject to disciplinary sanctions being imposed on the judges who make up that court from examining whether an act adopted by ...
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Judgment C-204/21
05/06/2023 - European Authorities: Euopean Union' Court of Justice
Classificazione: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Court declared that by conferring on the Disciplinary Chamber of the Supreme Court whose independence and impartiality are not guaranteed jurisdiction to hear and determine cases having a direct impact on the status of ...
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