OBSERVATORY OF LAW AND PLURALISM

The failure to establish and operationalize a Constitutional Court, thereby preventing an accused person from raising a constitutional challenge to the criminal provision applied in their proceedings, violates the right to a fair trial and the right to have one’s cause heard by competent national bodies for the protection of fundamental rights.

Identity checks carried out by the French police and challenged as instances of racial profiling do not disclose a violation of Article 13 of the ECHR taken in conjunction with Articles 8 and 14, where the applicants had access to an effective judicial remedy.

There is no violation of Article 8 if domestic courts properly balance the right to reputation with freedom of the press on matters of significant public interest.

The annulment of the birth certificate of a minor born in Italy as a result of medically assisted procreation abroad, insofar as it affects the intended mother, does not constitute a violation of Article 8 of the ECHR, given the possibility of resorting to adoption in specific cases.