OBSERVATORY OF LAW AND PLURALISM

While upholding that surrogacy is contrary to international public policy, the First Civil Section of the Court of Cassation doubts that adoption in special cases (Article 44(d) of Law No. 184/1983) remains an adequate forum for balancing the interests at stake in protecting a child born abroad through that practice. It refers the case file to the First President for possible assignment to the United Sections, so that they may assess whether the judicial model for establishing filiation status provided for children born of incest (Articles 251 and 278 of the Civil Code) can be extended by interpretation to such children.

The Court unanimously finds no violation of Article 10 ECHR, read in the light of Article 3 of Protocol No. 1, concerning the Spanish Central Electoral Commission’s refusal to accept the format of an election debate proposed by a private broadcaster in 2019. The debate would have included Vox, which had not secured parliamentary representation in the previous equivalent elections, while excluding three parties which had. Despite the State’s relatively narrow margin of appreciation, the interference was prescribed by law, pursued the protection of the rights of others and was proportionate. The decisive considerations were the limited scope of the restriction, the general criteria based on previous electoral results and the possibility of organising a televised debate including both Vox and the excluded parties. The judgment protects electoral pluralism and equality without granting authorities unrestricted power over editorial choices.

Freedom of assembly. Peaceful counter-demonstrations. Necessity of a concrete and effective evaluation of the proportionality of the measures. 

The Allocation of Administrative Jurisdiction and the Specific Nature of the Exclusion of Extraordinary Appeals to the President of the Republic in the Autonomous Province of Bolzano (Article 7(3) of Presidential Decree No. 426/1984): the Protection of Linguistic Minorities under Article 6 of the Constitution and the Guarantee of the Parity-Based Composition of the Local Administrative Court