Search results for " court"
showing 10 items of 292 documents
OS ECJ-TF 3/2015 on the Decision of the European Court of Justice in C.G. Sopora (Case C-512/13), on 'Horizontal Discrimination'
2015
This article deals with the decision taken by the Court of Justice of the European Union in Sopora (Case C-512/13), which was decided by the Grand Chamber of the ECJ on 24 February 2015. It concerns the question of whether a specific requirement to obtain a tax advantage for foreign (incoming) workers violates the freedom of movement of workers (Art. 45 TFEU). This case prominently raises the issue of a differentiation not between nationals and non-nationals (i.e., "vertical discrimination"), but rather between different non-nationals (i.e., "horizontal discrimination") in the context of the taxation of payments of deemed employment expenses ("extraterritorial costs"). By clearly accepting …
El derecho de los parlamentarios a recabar documentación administrativa. Nuevas perspectivas jurisprudenciales a raíz de su creciente judicialización
2019
For just over five years, for the first time in our democratic history, the right of parliamentarians to collect documentation from public administrations has been judicialized in the contentious-administrative way. A cluster of cases with a single common focus: tense government-parliament relations in the Valencian Community. This conflict has led, in the course of these years, to a high number of resolutions of both the Superior Court of Justice of the Valencian Community and the Supreme Court. A total of more than forty sentences that have had a considerable impact on the delimitation of this right. This article examines these judicial resolutions and offers a global analysis of the inte…
Prevention of hate speech crimes: digital versus real-life environment
2022
Extending the use of social media and other digital networks, as well as technology development and the impact of the pandemic have raised the problem of how to prevent hateful speech from occurring. Limitations on hate speech closely correlate with restriction of freedom of speech, therefore balance between the two should be met to ensure both fundamental democratic right on the freedom of speech, as well as to restrict limitations on one’s honour, dignity and safety. To answer whether mechanisms for combating the crimes of hate speech in the digital environment are as effective as they are in a real-life situation, the author analyses the international (United Nations) and Council of Euro…
The Regulation of Assisted Reproduction in Spanish Law. The Ruling of the Spanish Constitutional Court of 17 June 1999
2002
AbstractNo Abstract
TRIBUNALES SUPERIORES ESPAÑOLES FRENTE A LA LIBERTAD IDEOLÓGICA. EL EJERCICIO DEL PODER EN LOS ESTADOS CONSTITUCIONALES PLURALISTAS
2021
The chapter examines some controversial decisions by the Spanish Tribunal Supremo on freedom of thought in a question related to education, in which freedom of conscience was advanced. The topics are the role of the objection of conscience in a constitutional state, the problem of the different levels of determination of constitutional principles and the room for legitimate pluralism.
The Lady Half-Devoured by a Dragon and the Iconography of Saint Margaret of Antioch : Interpreting an Anonymous Invención in the Cancionero general (…
2018
Following in the footsteps of Ian Macpherson, I offer an interpretation of an anonymous invención found in the Cancionero general (11CG-517) and the British Library Cancionero (LB1-251). I maintain that the image displayed by the jouster was inspired by the iconography of the virgin-martyr Saint Margaret of Antioch, and I propose a theory about the identity of the lady addressed and, with less certainty, about the identity of the jouster and the occasion when the invención was displayed, using Pinar’s Juego trobado as a tool of research and invoking a passage on the sinfulness of the fashion among ladies and damsels for wearing hooped petticoats in a treatise by Hernando de Talavera.
The Barratry of the Shipmaster in Early Modern Law: The Approach of Italian and English Law Courts
2019
Summary For a long time, the concept of barratry (at least in its maritime meaning) was one and the same on both sides of the Channel. The barratry of the shipmaster was part of the mercantile usages, and it identified the intentionally blameworthy conduct of the master. When law courts began to decide on insurance litigation they were confronted with a notion quite alien to them. Broadly speaking, the shipmaster’s barratry could well be considered a fraud of sort. But in order to decide on its occurrence in a specific case, law courts had to analyse it in legal terms, and so according to the specific legal categories of their own system. The point ceases to be trivially obvious if we think…
Killing methods in Sicilian Mafia families
2019
The Sicilian Mafia is a criminal organisation founded in Sicily which is an island south of the Italian mainland in the Mediterranean Sea. Until recently, this organization was responsible for many murders and bombings. However, recently, based on the investigations known as the “Mare Nostrum” operation, the Supreme Court convicted 67 people and sent them to prison. Some defendants were found guilty of as many as 39 murders. This article reviews the forensic analysis that was used when investigating responsibility for these Mafia murders. Our review is based on the court documents and the ballistic investigations which were carried out to evaluate the reliability of “repented” or “pentiti”…
The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values: a Rejoinder to Grainne de Burca, André Nollka…
2009
* Professor of International Law, University of Naples ‘ Federico II ’ . Email: padesena@tin.it ; Associate Professor of International Law, University of Palermo. Email: chiara.vitucci@unipa.it 1 Nollkaemper, ‘ The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Reply to De Sena and Vitucci ’ , 20 EJIL (2009) 862. Andre Nollkaemper, Grainne de Burca and Iris Canor have made a number of critical observations which are – in part at least – interesting and useful. A full examination of them would probably demand more time and more space than we have been given here. Nevertheless, we will try to reply to some of their remarks and to clear up…
Problemi di giurisdizione nel contrasto al traffico di migranti via mare
2018
I trafficanti di esseri umani si avvalgono con sempre più insistenza di ben collaudati protocolli operativi. Questi ultimi consentono loro di sottrarsi alla giurisdizione penale italiana che non si radica qualora – in ossequio ai criteri di cui all’art. 6 c.p.ed in conformità alla Convenzione sull’Alto Mare– l’azione illecita avvenga in acque internazionali.Così, premesse alcune linee concettuali sui limiti spaziali alla efficacia della legge penale, l’indagine si sofferma sulla soluzione ermeneutica offerta dallaCassazione che, apparentemente in modo sbrigativo e per esigenze di effettività della risposta punitiva, ha fatto ricorso alla controversa figura dell’autore mediato per sanzionare condott…