neděle 26. července 2015

Soudní novinky 15-30

Držím se...

  • ESLP řádí - Oliari and Others v. Italy: "Italy should introduce possibility of legal recognition for same-sex couples: The case concerned the complaint by three homosexual couples that under Italian legislation they do not have the possibility to get married or enter into any other type of civil union. The Court considered that the legal protection currently available to same-sex couples in Italy – as was shown by the applicants’ situation – did not only fail to provide for the core needs relevant to a couple in a stable committed relationship, but it was also not sufficiently reliable. A civil union or registered partnership would be the most appropriate way for same-sex couples like the applicants to have their relationship legally recognised. The Court pointed out, in particular, that there was a trend among Council of Europe member States towards legal recognition of same-sex couples – 24 out of the 47 member States having legislated in favour of such recognition – and that the Italian Constitutional Court had repeatedly called for such protection and recognition. Furthermore, according to recent surveys, a majority of the Italian population supported legal recognition of homosexual couples." Aspoň z tiskové zprávy na mě argumentace extra přesvědčivě nepůsobí, už se těším, až to bude Soud vysvětlovat ve vztahu k Ruské federaci. 
  • Turecký ústavní soud proti Erdoganovi: "Turkey’s constitutional court has annulled a controversial law closing private tutoring centers, many of which are run by the movement of U.S.-exiled imam Fethullah Gulen, the nemesis of President Recep Tayyip Erdogan, reports said."
  • Ubere SD Uber vítr z plachet? "A Spanish judge has asked the Court of Justice of the European Union to determine what kind of company Uber is, and if Spain was allowed to ban its app UberPop.The EU's highest court will determine if Uber provides “a mere transport activity, or an electronic intermediation or information society service”. The court will rule “whether the restriction that Spain is imposing on Uber, which is incorporated as company in the Netherlands … [is] allowed; if the Uber service is able to benefit from the principle of the freedom to provide services” as guaranteed in EU law."
  • Simon Cox, lawyer at the Open Society Justice Initiative: When all the people in a district are victims of race discrimination: CJEU ruling in CHEZ v Nikolova.
  • French court backs mass surveillance: "The constitutional court in France on Thursday (23 July) broadly approved a new law that gives the state wide-sweeping surveillance powers. First proposed in March in the aftermath of the Charlie Hebdo shootings in Paris, the Surveillance Act allows French intelligence agencies to spy on citizens with almost complete impunity."

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