Saturday, October 31, 2009

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unconstitutional crime of illegal immigration? Supreme Court Judgement No-


Immediately after the passage of the law, some judges began immediately apostrophe from the Government, to ask the question. Then he followed another, and also the other day one of Pordenone. Judges politicized? The reasons for referral to the Supreme Court, meanwhile, expects that to accumulate a awhile to respond, have a legal basis (art. 3,24,25,27,97 C.): they are not right or left, are sensible or not, are legally justified or not. Here are some reasons
last reference:
1) the offense affects a condition not necessarily perceived as socially dangerous
2) is retroactive, as punishing those who were already illegal before the passage of Law
3) deportation could come even with the old rules
4) the law punishes not only the illegal entry, that would have provided for a "just cause" for detention in Italy
5) does not adhere to the principle of proportionality and reasonableness (the Court in 1995 had already declared unconstitutional the act of begging; overlaps with the administrative measures of expulsion, the machine will be burdened by these judicial proceedings and distracted by other more effective against crime)

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22081 of October 16, 2009 - The judge in the custody of the child must feel, but ... Supreme Court Judgement No-

... should not be that the witness's detrimental ....
are announced battles of expertise to determine if there is this risk? We hope that the judges use their discretion well.

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22081 of October 16, 2009: Grandparents have a right to see their grandchildren, but .... Reimbursement of legal fees

not to take legal action to request a review of the visits.

Thursday, October 22, 2009

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public employees


The government may reimburse the employee for legal fees incurred in defending a criminal proceedings for acts related to the performance of official duties, even if the legal agreement is made after the commencement of legal proceedings.

Thursday, October 15, 2009

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Supreme Court Judgement No-39706 of October 12, 2009


order will constitute the crime of revelation of secrecy, " the duty of confidentiality, which has forced the public official or publicly appointed , must have a law, a regulation or by the nature of news that may harm the public administration. " Law 241 \\ 90 has established the principle that ultimately everything is not secret is accessible, by requiring "the requirement of, as a key regulator the general principle of full accessibility to documents, understood this compressible only through the imposition of secrecy in the cases provided by law. "The Supreme Court then finally performs a city councilman, who had given the press the documents and information concerning the management of a house off special agreement.

Monday, October 12, 2009

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The Legislative Decree of 09.10.2009 (Brunetta)


not change the public system with rules that weaken the bargaining, give space to agreements between the institutions and local solid and, in fact reducing already meager pay increases, dall'asservimento making them dependent on the union head office or copings (efficientissimi!). The efficiency is only achieved with the alliance between workers and the public real people, not create the policy with the claims, after being among the leading causes of injury (rigged competitions, kickbacks, nepotism local, etc.etc.) And that, not Minister sa? In fact make it more difficult for non-lazy survive in public services, more and more miserable.