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Italy: Law Regulating Duration of Administrative Processes Ruled Unconstitutional

(May 17, 2019) On February 6, 2019, the Italian Constitutional Court declared article 54, paragraph 2 of Decree-Law No. 112 of June 25, 2008 unconstitutional because the provision establishes an excessive duration for administrative procedures. In its decision, the Court highlighted that all legal procedures must have a reasonable duration. By declaring this provision unconstitutional, […]

Italy: Legal Provision Not Allowing Home Detention Ruled Unconstitutional

(May 16, 2019) On April 19, 2019, the Italian Constitutional Court declared unconstitutional article 47-ter, paragraph 1-ter of Law No. 354 of July 26, 1975, because it failed to provide for humanitarian home detention for convicted prisoners experiencing supervening serious mental illnesses. (Decision No. 99 of April 19, 2019, Issued in a Constitutional Legitimacy Case […]

Hong Kong: Court of Appeal Declines to Issue Sentencing Guidelines for Animal Cruelty Cases

(Apr. 30, 2019) In a judgment dated April 4, 2019, Hong Kong’s Court of Appeal turned down a Department of Justice prosecutor’s request to increase punishments for an animal abuser and declined to issue sentencing guidelines for animal cruelty cases. (Chris Lau, Punishment for Animal Abuse Should Not Be Strengthened Say Hong Kong Judges, As […]

Switzerland: Federal Supreme Court Holds Access Providers Not Obligated to Block Websites to Stop Copyright Infringements

(Apr. 24, 2019) On February 8, 2019, the Swiss Federal Supreme Court (Bundesgericht, BG) held that access providers are not obligated to block websites to stop copyright infringements, because the Court deemed their contributions to the infringements to be not legally relevant. (BG, Feb. 8, 2019, Docket No. 4A_433/2018, BG website (in German).) Facts of the Case […]

UAE: Court Orders Doctors to Pay Blood Money to Patient’s Family

(Apr. 16, 2019) On March 29, 2019, the United Arab Emirates Federal Supreme Court in Abu Dhabi upheld the rulings of a criminal court of first instance and an appellate court to grant the family of a deceased patient the right to receive blood money. The Federal Supreme Court issued a decision ordering two Asian […]

Japan: Law Requiring Surgery for Legal Change of Gender Ruled Constitutional

(Apr. 12, 2019) On January 23, 2019, Japan’s Supreme Court held that a law requiring that transgender people undergo gender-change surgery in order to have their gender changed on official documents is constitutional. (Supreme Court, 2018(ku) No. 269 (Jan. 23, 2019) (click on the two characters beside the PDF icon), Supreme Court of Japan website […]

Brazil: Federal Supreme Court Orders Criminal Investigation into Fake News Involving the Court

(Apr. 1, 2019) On March 14, 2019, Minister Dias Toffoli, the President of the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF), announced that he had enacted an Administrative Act (Portaria) ordering the opening of a criminal investigation into fake news and internet threats targeting the STF and its ministers and family members. (President of […]

Germany: Federal Fiscal Court Revokes Nonprofit Status of ATTAC

(Mar. 20, 2019) In a decision published on February 27, 2019, the German Federal Fiscal Court (Bundesfinanzhof, BFH), Germany’s supreme court for tax and customs matters, held that the activist group ATTAC was no longer eligible for nonprofit status due to its general political activity and its calls for concrete actions and demands. The BFH […]

Sweden: Supreme Court No Longer Receives or Sends Communications via Telefax

(Mar. 8, 2019) As of March 1, 2019, the Swedish Supreme Court is no longer sending or receiving messages via fax machine in its communications with the public (including counsel and defendants). (Press Release, Supreme Court, Supreme Court Ceases Communicating by Telefax (Feb. 14, 2019) (in Swedish).) After an amendment to the Administrative Procedure Act […]

Mexico: Central Bank Challenges Pay Limits for Public Servants Law Before Supreme Court

(Jan. 23, 2019) In a press release issued on January 3, 2019, the Bank of Mexico (Mexico’s central bank) announced it was filing a constitutional suit before the Supreme Court of Justice of the Nation. The Bank is asking the Court to establish and delimit the scope of application of the Federal Law on Remuneration […]