Traduction de «corte costituzionale » (Italien → Anglais) :

15. Welcomes a number of important decisions taken by the Constitutional Court of Turkey protecting the rule of law and fundamental rights, such as freedom of expression, which has illustrated the resilience of the constitutional system; notes, in addition, that the Constitutional Court’s rulings highlighted the mishandling of the investigations and subsequent trials in the Ergenekon and Sledgehammer cases; welcomes the fact that the Constitutional Court continues to receive individual applications; expresses concern at the amendments to the Criminal Code, and particularly the use of the term ‘reasonable suspicion’, which opens the do ...[+++]or to arbitrary attacks on the opposition; points out that these amendments were adopted without the Commission being consulted, contrary to what was agreed during the negotiations;

14. Welcomes a number of important decisions taken by the Constitutional Court of Turkey protecting the rule of law and fundamental rights, such as freedom of expression, which has illustrated the resilience of the constitutional system; notes, in addition, that the Constitutional Court’s rulings highlighted the mishandling of the investigations and subsequent trials in the Ergenekon and Sledgehammer cases; welcomes the fact that the Constitutional Court continues to receive individual applications; expresses concern at the amendments to the Criminal Code, and particularly the use of the term ‘reasonable suspicion’, which opens the do ...[+++]or to arbitrary attacks on the opposition; points out that these amendments were adopted without the Commission being consulted, contrary to what was agreed during the negotiations;

– to fully restore the prerogatives of the Constitutional Court as the supreme body of constitutional protection, and thus the primacy of the Fundamental Law, by removing from its text the limitations on the Constitutional Court’s power to review the constitutionality of any changes to the Fundamental Law, as well as the abolition of two decades of constitutional case law; to restore the right of the Constitutional Court to review all legislation without exception, with a view to counterbalancing parliamentary and executive actions and ensuring full judicial review; such a judicial and constitutional review may be exerted in different ...[+++]ways in different Member States, depending on the specificities of each national constitutional history, but once established, a Constitutional Court – like the Hungarian one, which after the fall of the communist regime has rapidly built a reputation among Supreme Courts in Europe – should not be subject to measures aimed at reducing its competences and thus undermining the rule of law;

15. Welcomes the introduction of a possibility for two new types of constitutional complaint to the Constitutional Court and understands that a democratic system that is founded on the rule of law does not necessarily need a constitutional court in order to function properly; recalls, however, Opinion No CDL-AD (2011)016 of the Venice Commission, which notes that in states that have opted for a constitutional court, this court should be entitled to assess the compliance of all laws with the human rights guaranteed in the constitution; considers, therefore, that the limitati ...[+++]on of constitutional jurisdiction relating to the laws on the central budget and taxes weakens the institutional and procedural guarantees for the protection of a number of constitutional rights and for the control of the parliament's and the government's powers in the budgetary field;

B. whereas on 1 October 2010, the Ukrainian Constitutional Court repealed the Constitutional amendment of 8 December 2004; whereas the Secretary of the Venice Commission of the Council of Europe stated that the Constitutional Court of Ukraine overextended its powers by cancelling political reforms of 2004, whereas the ruling of the Constitutional Court was released immediately after four new Constitutional Court judges were sworn in by the Ukrainian Parliament on September 21, only days after their predecessor, appointed by former President of Victor ...[+++] Yushechenko were dismissed, under questionable circumstances,

The German constitutional court found that the rules governing access to and the use of the data, as laid down in national law, were unconstitutional.[43] The Romanian constitutional court found that data retention per se breached Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and was thus unconstitutional.[44] The Commission is currently evaluating this instrument and is to submit its assessment report to the European Parliament and the Council in late 201 ...[+++]0.