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Italy: New Legislation on Honorary Judges

(Sept. 28, 2017) On July 18, 2017, new legislation amending the statute on honorary judges and other judges entered into effect in Italy. (Legislative Decree No. 116 of July 13, 2017, Organic Reform of the Honorary Judiciary and Other Provisions on Justices of the Peace as well as Temporary Regulations on Honorary Magistrates in Service, […]

India: Supreme Court Upholds Mandatory Use of Biometric Identification for Filing Taxes and Tax Account Applications

(July 21, 2017) India’s Supreme Court, on June 9, 2017, upheld the constitutional validity of section 139AA of the Income Tax Act, 1961, which made the Act’s biometric-based identification project, Aadhaar, mandatory for filing income tax returns and applying for Permanent Account Numbers (PANs). (Binoy Viswam v. Union of India & Ors., (2017), Supreme Court […]

Court of Justice of the European Union: Recognition of Treaty Negotiations as a Legal Act, Validation of Initiative to Stop TTIP

(May 31, 2017) On May 10, 2017, the General Court of the Court of Justice of the European Union (CJEU), which, inter alia, deals with actions for annulment of European Commission decisions brought by individuals, businesses, or governments of the EU Member States, reviewed the case M. Efler and Others v. the European Commission.  The […]

Malaysia: Court Decision on Review of Pardon Petitions

(Jan. 25, 2017) On January 18, 2017, the Malaysian Court of Appeal ruled that the question of whether or not a rejection of a petition for a royal pardon can be appealed should be considered by a higher court. Anwar Ibrahim, a currently imprisoned opposition leader, can now petition the Federal Court to determine if […]

Brazil: Too Many Appeals Slow Down the Judiciary, Says Federal Supreme Court President

(Nov. 29, 2016) On November 21, 2016, the President of the Brazilian Federal Supreme Court, Minister Cármen Lúcia, decried the excessive use of appeals in Brazil, which she said is a main reason for delays in concluding legal proceedings.  Her remarks were given during the launch of National Conciliation Week in the city of Belo Horizonte, located […]

Italy: Law to Increase Efficiency of Judicial Procedures

(Nov. 9, 2016) On August 31, 2016, new legislation designed to increase the efficiency of judicial proceedings entered into effect in Italy. (Decree Law No. 168 of August 31, 2016, Urgent Measures for the Settlement of Contentious Procedures Before the Court of Cassation [Supreme Court for Civil Matters], for the Efficiency of the Judiciary, and […]

Georgia: Constitutional Court Rules Against Part of De-Communization Law

(Nov. 23, 2015) On October 28, 2015, the Constitutional Court of Georgia declared unconstitutional and void several provisions of article 9 of the Freedom Charter, which had permanently banned former senior Soviet officials from holding important public offices with central and regional government, judiciary, police, military, and academia. (Constitutional Court of Georgia, Nodar Mumlauri v. […]

Italy: Civil Liability of Judges

(Apr. 9, 2015) Italy has approved new legislation on the civil liability of judges. (Law No. 18 of February 27, 2015, on Civil Liability of Magistrates, GAZETTA UFFICIALE (G. U.) No. 52, NORMATTIVA, amending Law No. 117 of April 13, 1988, Indemnification of Damages Caused in the Exercise of Judicial Functions and Civil Liability of […]