Search results for "Court."
showing 10 items of 461 documents
De la prohibición del terrorismo on-line : una reflexión constitucional
2021
The paper thinks out loud on the banning of the terrorist´s contents on the Internet, specifically within the international and national legal framework, with the interpretation given by the European Court´s of Human Right case-law and our Constitutional Court´s case-law.
Prima applicazione della procedura consultiva prevista nel «protocollo n. 16» cedu e tutela dei minori
2020
Il saggio analizza il primo parere consultivo formulato dalla Corte europea dei diritti dell?uomo. Particolare attenzione è rivolta al riconoscimento della genitorialità intenzionale, nonché alla tutela del diritto all?identità dei figli; diritto posto in primo piano dalla Corte di Strasburgo.
¿El Estado de Derecho en peligro? El juez constitucional contra la Constitución y a favor de la reelección presidencial indefinida : caso Bolivia
2021
In Bolivia, the third term and the habilitation of former President Evo Morales to the 2019 presidential elections was allowed with the acquiescence of the Plurinational Constitutional Court. Despite the fact that the Constitution prohibited it and there was a referendum that rejected indefinite presidential re-election. This occurred through the judicialization of politics that produced a non-formal reform of the Constitution producing a case of abusive constitutionalism and the destabilization of the rule of law.
Inheritance rights of life partnerships in recent doctrine of the Constitutional Court
2015
Hasta tiempos recientes el tema de los derechos sucesorios de los convivientes de hecho no había objeto de pronunciamientos por parte del Tribunal Constitucional. La STC 93/2013 y el ATC 280/2013 se han referido a esta cuestión, abriendo una forma de aproximación a la misma Until recently, the inheritance rights of life partnerships had not been subject to decisions of the Constitutional Court 93/2013 STC and 280/2013 ATC have made statements about giving a new approach to this issue
Análisis jurisprudencial de la legitimación pasiva de las entidades financieras en las reclamaciones realizadas por consumidores derivadas de una com…
2021
Consumers, who acquired real estate through a deed of sale with a mortgage subrogation, have made numerous claims against the financial entities. They request the nullity of the clause that imposes upon them all the expenses cause by the notarial deed. Financial entities have alleged that they do not have the capacity to be sued. Courts decisions have been diverse.
Determinación de la edad de un extranjero indocumentado : A propósito de la sentencia de la audiencia provincial de barcelona, de 24 de enero de 2020
2021
In recent years, immigration of minors has increased, which means that administrations establish a differentiated treatment for this sector of immigration due to the fact that they are minors; There are many aspects to take into account in these cases, including verifying the minority age, a fact that is more complicated when it comes to adolescents. This is what is analyzed by the Judgment of the Provincial Court of Barcelona, of January 24, 2020, which confirms the Resolution of the General Directorate of Attention to Children and Adolescents, which agreed to the closure of the homelessness file and the admission of the plaintiff in a Protection Center until the verification of their pers…
Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea
2021
By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into …
Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104
2021
Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…
Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016
2021
The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couples, taking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member State, establishing an important role for the choice-of-court agreement, especially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and E…
Failure to make a reference for a preliminary ruling to the Court of Justice of the European Union as a violation of Article 6 of the European Conven…
2019
This thesis examines the situation when a national court adjudicating in the last instance refuses to make a reference for a preliminary ruling to the Court of Justice of the European Union from the perspectives of European Union law, the European Convention on Human Rights. This situation is analysed in the broader context of the relationship between the Court of Justice of the European Union and the European Court of Human Rights.