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Italy: Revocation of Driver’s License in Cases of Vehicular Homicide Ruled Unconstitutional

(May 28, 2019) On April 17, 2019, the Italian Constitutional Court declared unconstitutional a provision of Legislative Decree No. 285 of April 30, 1992 (New Traffic Code) because it did not provide for an alternative administrative penalty of suspending the driver’s license of persons convicted of vehicular homicide (omicidio stradale) and causing serious traffic injuries […]

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 […]

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: Supreme Court Decides Registered Owner of Car Responsible for Damages Caused by Actual Owner

(Jan. 3, 2019) On December 17, 2018, the Supreme Court of Japan held the registered owner of a car liable for the personal injury caused by the car’s driver, who was the actual owner of the car. (Sup. Ct., 2018 (ju) 16 (Dec. 17, 2018) (in Japanese, click characters besides PDF icon).) The Act on […]

United States: Federal Appellate Court Orders That Siblings Wrongfully Removed to United States Be Returned to Panama

(Nov. 28, 2018) On November 20, 2018, the US Court of Appeals for the Eleventh Circuit ordered that two ten-year old siblings who were wrongfully removed by their mother to the United States four years ago be returned to Panama. (Fernandez v. Bailey, No. 16-16387 (11th Cir. 2018) (Fernandez 2018), US Court of Appeals for […]

United Kingdom: Supreme Court Rules on Widowed Parent’s Allowance for the Surviving Unmarried Partner

(Sept. 18, 2018) On August 30, 2018, the Supreme Court of the United Kingdom issued a ruling stating that “section 39A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 [the Act] is incompatible with article 14 of the ECHR [European Convention on Human Rights], read with article 8, insofar as it precludes […]

United Kingdom: Supreme Court Rules on Heterosexual Civil Partnerships

(Sept. 14, 2018) On June 27, 2018, the Supreme Court of the United Kingdom issued a declaration that “sections 1 and 3 of [the Civil Partnership Act 2004, (CPA)], to the extent that they preclude a different sex couple from entering into a civil partnership, are incompatible with article 14 of [the European Convention for […]

Egypt: Female Tourist Convicted of Spreading False Rumors That Damage Country’s Reputation

(Sept. 12, 2018) In July 2018, the Cairo Misdemeanor Court found a Lebanese female tourist, Mona el-Mazbouh, guilty of deliberately spreading false rumors against Egypt that damage the country’s reputation. The court had initially sentenced the defendant to 11 years in prison before reducing the sentence later on the same day to eight years of […]

United Arab Emirates: Federal Supreme Court Orders Drivers to Pay Blood Money After Killing Pedestrians

(Aug. 22, 2018) The Federal Supreme Court of the United Arab Emirates (UAE) has ordered faulty drivers in two separate cases of traffic fatalities to pay compensation to the victims’ families. According to Islamic law, anyone causing the death or injury of another person accidentally or intentionally is required to pay a form of financial […]

Germany / European Court of Human Rights: Caning of Children Justifies Withdrawal of Parental Authority

(Apr. 19, 2018) On March 22, 2018, the European Court of Human Rights (ECtHR) unanimously held in the cases of Tlapak and Others v. Germany and Wetjen and Others v. Germany that the withdrawal of the applicants’ parental authority did not violate article 8 of the European Convention on Human Rights (ECHR), which grants the […]