Nr. 2/2021Civil Jurisprudence and Legislation
Nr. 2/2021Canonical and Vatican Jurisprudence and Legislation
- European Court of Human Rights, case of J.C. and others v. Belgium (Application no. 11625/17), 12 October 2021 (Partially inadmissible (Art. 35) Conditions of admissibility; (Art. 35-1) Semester - No violation of Article 6 - Right to a fair trial (Article 6 - Civil procedure; Article 6-1 - Access to a court) 695
- European Court of Human Rights, case of Centre of societies for Krishna con- sciousness in Russia and Frolov v. Russia (Violation of Article 9 in respect of the applicant organisation; Violation of Article 11 interpreted in the light of Article 9 in respect of Mr. Frolov; Fair satisfaction: moral damage: EUR 7,500 to each applicant; costs and expenses: EUR 2,000 to the applicants jointly and severally) 698
- European Court of Human Rights, case of Zharinova v. Russia (Violation of Article 5 – Right to liberty and security (Article 5-1 – Lawful arrest or detention) – Violation of Article 9 – Freedom of thought, conscience and religion (Article 9-1 – Freedom of religion) 702 - European Court of Human Rights, case of Cheprunovy and others v. Russia (Violation of Article 9 - Freedom of thought, conscience and religion (Article 9-1 – Freedom of religion) 703
- EU Court of Justice, judgment of 13 January 2022 (case no. C-282/19) (Teachers of Catholic religion: the need for a qualification issued by an ecclesiastical authority does not justify the renewal of fixed-term contracts. Italian legislation allowing successive fixed-term contracts for public school religious education teachers is in breach of the European framework agreement on fixed-term employment contracts) 705
- Constitutional Court, judgment of 11 May 2021, no. 134 (Commerce - Norms of the Autonomous Province of Trento - Discipline for the opening of retail businesses on Sundays and public holidays - Provision that retail businesses are to observe the Sunday and public holiday closing dates, except in the case of specific derogations - Provision that the Provincial Executive is to adopt a resolution identifying the Municipalities with a high level of tourist activity or commercial and tourist appeal in which retail busi- nesses are permitted to be open on Sundays and public holidays - Provision that the Municipalities may derogate from the obligation to close on Sundays and public holidays for a maximum of eighteen days a year on the occasion of major events or exhibitions and, for the first time in 2020, for a maximum of twelve days - Cases in which the discipline is not applicable - Administrative sanctions) 708
- Constitutional Court, judgment of 23 June 2021, no. 166 (Public healthcare - Mortuary police - Rules of the Apulia Region - Amendments to Regional Law no. 34 of 2008 [Rules on funeral activities, cremation and scattering of ashes] - Functions and tasks of Municipalities - Attribution to Municipalities of the possibility to approve, after consultation with the competent Local Health Unit, the construction of new cemeteries, the extension of existing ones or the construction of crematoria, at a distance of less than two hundred metres from built-up areas. Attribution to Municipalities of the right to approve, by way of derogation from the urban planning instruments in force, after consulting the competent Local Health Unit, the construction of retirement and funeral homes. Provisions on filters for the treatment of gases deriving from decomposition) 710
- Constitutional Court, judgment of 30 November 2021, no. 25 (dep. 28 Ja- nuary 2022) (Marriage - Divorce - Rights of the surviving divorced spouse - Grant of the right to the survivor’s pension and to a percentage of the severance grant - Conditions - Entitlement to the divorce allowance - Failure to provide that the requirement of entitlement to the allowance must also be satisfied in the event of the death of the obligor, which occurred, in the context of a partial divorce decree, before the final determination of the allowance already awarded in the presidential provisional measures) 713