The halt to the publication of precautionary custody orders takes a further step. After the final green light from Parliament and the publication last February 24 in the Official Journal of the European delegation law, which entrusted the government with a delegation for the implementation of European directives, the ‘Costa’ law (from the name of the representative of Azione, signatory of the approved amendment, later renamed by the opposition ‘gag law’) was the subject of the «preliminary» examination of the Council of Ministers which met yesterday. The ad hoc legislative decree, therefore, must now be examined by the competent parliamentary committees for the relative opinion which, however, is not binding.
“In order to strengthen some aspects of the presumption of innocence of the person investigated or accused in criminal proceedings, in accordance with the provisions of Articles 3 and 4 of EU Directive 2016/343 and in compliance with the principles set out in Articles 21, 24 and 27 of the Constitution, the provision modifies Article 114 of the Code of Criminal Procedure, providing for the prohibition of publication of the text of the precautionary custody order until the preliminary investigations are concluded or until the end of the preliminary hearing”, reads the press release issued at the end of the Council of Ministers. “The text – it is recalled in the press release – implements Article 4 of the European delegation law 2022-2023 with which the government was delegated to adopt the provisions necessary to ensure full compliance with the European directive”. In essence, the legislative decree, which implements the delegation assigned to the government, implements the ban on the publication, in full or in extract, of the text of the provision ordering precautionary custody until the preliminary investigations are concluded or until the end of the preliminary hearing.
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2024-09-08 23:43:27
costa v enel (1964 case summary)
Table of Contents
The Costa v ENEL Case: A Landmark Decision on the Primacy of European Union Law
The Costa v ENEL case, also known as Case 6/64, is a landmark decision of the European Court of Justice (ECJ) that established the primacy of European Union (EU) law over national law <a href="https://en.wikipedia.org/wiki/CostavENEL”>[1[1[1[1[1[1[1[1]. This case, decided in 1964, has had a profound impact on the development of EU law and its relationship with national law.
The Facts of the Case
The case involved Flaminio Costa, an Italian citizen, who challenged the nationalization of an electricity company, ENEL, by the Italian government. Costa argued that the nationalization was incompatible with EU law, specifically Article 52 of the European Economic Community (EEC) Treaty, which prohibited nationalization of industries [3[3[3[3[3[3[3[3].
The Judgment
The ECJ ruled in favor of Costa, declaring that EU law takes precedence over national law in case of conflict. The court held that the EU treaty created a new legal order that is superior to national law, and that EU law must be applied uniformly across all member states. This meant that the Italian government’s nationalization of ENEL was incompatible with EU law and therefore invalid.
The Significance of the Case
The Costa v ENEL case is significant because it established the principle of supremacy of EU law over national law. This principle has been reaffirmed in numerous subsequent cases and has become a cornerstone of EU law. The case has also had a profound impact on the development of EU law, as it has led to the creation of a more integrated and harmonized legal framework across the EU.
The “Costa” Law
In recent news, the “Costa” law has been mentioned in the Italian press in the context of a legislative decree that aims to strengthen the presumption of innocence of individuals under investigation or accused in criminal proceedings. The law, named after the representative of Azione who signed the approved amendment, has been criticized by the opposition as a “gag law” that restricts the freedom of the press.
the Costa v ENEL case is a landmark decision that has had a profound impact on the development of EU law and its relationship with national law. The case has established the principle of supremacy of EU law over national law, which has been reaffirmed in numerous subsequent cases. The “Costa” law, mentioned in recent news, is a separate issue that aims to strengthen the presumption of innocence of individuals under investigation or accused in criminal proceedings.
What are the key implications of the ban on the publication of precautionary custody orders in Italy?
The Halt to the Publication of Precautionary Custody Orders: Understanding the Implications
In recent developments, the Italian government has taken a significant step towards implementing a ban on the publication of precautionary custody orders. This move has sparked interest and debate among legal experts, media outlets, and the general public. In this article, we will delve into the details of this legislation, its implications, and the ongoing discussion surrounding it.
Background and Context
The Chamber of Deputies, Italy’s lower house of parliament, approved an amendment to prohibit the “full or extract publication of the text of the precautionary custody order” [[2]]. This development follows the final green light from Parliament and the publication of the European delegation law, which entrusted the government with a delegation for the implementation of European directives [[3]].
The ‘Costa’ Law and Its Implications
The ‘Costa’ law, also referred to as the ‘gag law’ by the opposition, aims to strengthen the presumption of innocence of individuals involved in criminal proceedings [[1]]. According to Article 114 of the Code of Criminal Procedure, the provision modifies the existing regulations to prohibit the publication of precautionary custody orders until the preliminary investigations are concluded or until the end of the preliminary hearing [[3]]. This ban applies to both full and extract publications of the text.
The Role of EU Directives and the Constitution
The legislative decree implements Article 4 of the European delegation law 2022-2023, ensuring full compliance with European Directive 2016/343 [[3]]. Additionally, the ban on publication is in line with the principles outlined in Articles 21, 24, and 27 of the Italian Constitution.
Reactions and Concerns
The move has sparked controversy, with some arguing that it restricts the right to report and freedom of the press. However, proponents of the legislation argue that it is essential to protect the reputation and rights of individuals involved in criminal proceedings.
Conclusion
The halt to the publication of precautionary custody orders marks a significant development in Italy’s legal landscape. As the debate continues, it is essential to understand the complexities and implications of this legislation. While it aims to strengthen the presumption of innocence, it also raises concerns about the potential restrictions on media freedom and the public’s right to information.
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