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Italy: Constitutional Court Limits Drug Searches Conducted Without Judicial Authorization

(Jan. 5, 2021) On November 26, 2020, the Italian Constitutional Court declared unconstitutional a provision in Presidential Decree No. 309 of October 9, 1990, that allows police to conduct searches and seizures in illegal drug cases without previous authorization from a magistrate. (Decision No. 252 of November 26, 2020  (in Italian).)  Article 103, paragraph 3 […]

Canada: Government Reintroduces Bill to Amend Criminal Code Provisions on Medical Assistance in Dying (MAID)

(Nov. 10, 2020) On October 5, 2020, the minister of justice and the attorney general of Canada reintroduced in the House of Commons Bill C-7, which amends the federal Criminal Code’s provisions on medical assistance in dying (MAID). The changes are the same as an earlier version of the bill proposed in the previous parliamentary […]

Germany: Courts’ Obligation to Accommodate Disability at Oral Argument Must Be Balanced Against Other Principles

(Jan. 16, 2019) In an order published on January 3, 2019, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) declined to hear a case in which the complainant requested that oral arguments be conducted in a way to accommodate his Asperger’s syndrome. The Court held that the decision of the regional social court (Landessozialgericht) denying his […]

Japan: High Court Rules Tattooing Is Not a Medical Act

(Nov. 23, 2018) On November 14, 2018, the Osaka High Court acquitted a tattoo artist who had been convicted of violating the Medical Practitioners Act. (Osaka High Ct., Case No. 2017 (u) No. 1117 (Nov. 14, 2018) (in Japanese), posted by defense lawyers, Good Morning website.) Previously, the Osaka District Court had imposed a fine […]

Israeli Family Court Recognizes Claim for Emotional Distress for “Forced Fatherhood”

(Sept. 21, 2018) On September 4, 2018, the Tel Aviv Family Court partially accepted a suit by a plaintiff who claimed that the defendant had harmed him by conceiving and giving birth to twins following sexual contact with her. He alleged that the defendant had deliberately seduced him to engage in sex with her on […]

Italy: Constitutional Court Rules on Constitutionality of Prison Benefits Provisions

(Sept. 17, 2018) On July 11, 2018, the Italian Constitutional Court issued a decision on the constitutional legitimacy of article 58-quater of Law No. 354 of 1975 regarding prison benefits for persons sentenced to life imprisonment for certain crimes. (Decision No. 149 of July 11, 2018, Issued in a Constitutional Legitimacy Case by Incidental Procedure […]

Canada: Quebec Court Ruling Prolongs Stay of Uncovered-Face Provision

(July 27, 2018) On June 28, 2018, the Superior Court of Quebec ruled to stay the operation of section 10 of An Act to Foster Adherence to State Religious Neutrality and, in Particular, to Provide a Framework for Requests for Accommodations on Religious Grounds in Certain Bodies. The stay allows veiled Muslim women in the […]

Italy: Law Amending Compensation System for Judges and Lawyers Takes Effect

(May 16, 2018) On April 24, 2018, a new law amending the compensation system for certain judges and lawyers came into effect in Italy, which among other things encourages lawyers to enable documents filed in court to be electronically searchable. (Decree of the Ministry of Justice No. 37 of March 8, 2018, Regulations on the […]

Saudi Arabia: Riyadh High Court Waives Requirement for Women to Fully Cover Their Faces in Courthouse

(Feb. 8, 2018) For the first time in its history, the High Court of Riyadh is no longer requiring women to fully cover their faces when they visit the Riyadh courthouse. (Fatimah Al-Dabees, Riyadh Court Waives Condition of Covering the Face and Is Satisfied with Hijab, OKAZ (Dec. 25, 2017) (in Arabic).) The Chief Justice […]

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, […]