Dissertations / Theses on the topic 'Crisi del diritto'
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CANZIAN, NICOLA. "La reviviscenza delle norme nella crisi della certezza del diritto." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2017. http://hdl.handle.net/10281/158259.
Full textThe subject of the research is the restoration of laws, which happens when an abrogated law re-enter into force following the repeal of the original abrogating law; the research particularly analyses the above subject in relation to legal certainty. The research identifies the restoration of laws according to its causes (ex: restoration due to the repeal of the abrogating law or due to the illegitimacy of the abrogating law…) by specifying how each case would impact the legal system. The research also tries to answer the question whether the restoration is the cause or, on the contrary, the effect of the legal certainty crisis and whether it should always be considered as an element of uncertainty. It will also highlight that in some situations the restoration could be rather considered as a positive factor to guarantee a better outcome than other solutions (especially regarding the restoration due to the illegitimacy of the abrogating law).
De, Nes Matteo <1986>. "Diritti costituzionali e misure di austerità nell’Eurozona: dalla giurisprudenza della crisi al caso del diritto all’istruzione in Italia." Doctoral thesis, Università Ca' Foscari Venezia, 2016. http://hdl.handle.net/10579/10282.
Full textCentamore, Giulio <1984>. "Legislazione della crisi e rinvio al contratto collettivo." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7209/1/centamore_giulio_tesi.pdf.
Full textThe thesis seeks to analyse the change taking place in the sources of labour law, by examining the close relationship between statutory law and collective bargaining. Part I deals with the relationship between these two important sources of labour law. On the one hand, from a static perspective, the relationship between law and collective bargaining is characterised by the principle of hierarchy and the so-called principle of favor: while statutory law provides the minimum framework of protection, collective bargaining can only add to it, in a view of favouring the employee. On the other hand, from a dynamic perspective, the relationship between law and collective bargaining is more complex. In fact, for a long time the Italian legal framework regarding the employment relationship and the job market has been highlighting the importance of collective bargaining. Specifically, several provisions allow collective bargaining to either integrate or modify the legal discipline to the detriment of the worker, aiming at generating a more flexible labour market. Part II of the thesis seeks to shed light on the scope of Article 8 of the Italian Law n. 148/2011. Article 8 was enacted during the financial crisis that affected Italy in 2011-2012, as a result of the negotiations between the Italian Government and the EU institutions, with a view to support the economic recovery and the companies’ increase of productivity. Art. 8 allows collective bargaining to derogate to statutory law with respect to the legal protection granted to the worker to the detriment of the latter, in a range of issues nearly encompassing the whole employment relationship’s legal regime, with only few exceptions. It represents the point of arrival of a long legislative evolution and it results in a reversal of the traditional framework of the relationship between statutory law and collective bargaining.
Centamore, Giulio <1984>. "Legislazione della crisi e rinvio al contratto collettivo." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7209/.
Full textThe thesis seeks to analyse the change taking place in the sources of labour law, by examining the close relationship between statutory law and collective bargaining. Part I deals with the relationship between these two important sources of labour law. On the one hand, from a static perspective, the relationship between law and collective bargaining is characterised by the principle of hierarchy and the so-called principle of favor: while statutory law provides the minimum framework of protection, collective bargaining can only add to it, in a view of favouring the employee. On the other hand, from a dynamic perspective, the relationship between law and collective bargaining is more complex. In fact, for a long time the Italian legal framework regarding the employment relationship and the job market has been highlighting the importance of collective bargaining. Specifically, several provisions allow collective bargaining to either integrate or modify the legal discipline to the detriment of the worker, aiming at generating a more flexible labour market. Part II of the thesis seeks to shed light on the scope of Article 8 of the Italian Law n. 148/2011. Article 8 was enacted during the financial crisis that affected Italy in 2011-2012, as a result of the negotiations between the Italian Government and the EU institutions, with a view to support the economic recovery and the companies’ increase of productivity. Art. 8 allows collective bargaining to derogate to statutory law with respect to the legal protection granted to the worker to the detriment of the latter, in a range of issues nearly encompassing the whole employment relationship’s legal regime, with only few exceptions. It represents the point of arrival of a long legislative evolution and it results in a reversal of the traditional framework of the relationship between statutory law and collective bargaining.
Furlan, Chiara <1989>. "Crisi d'impresa: sorte dei rapporti di lavoro nel fallimento." Master's Degree Thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/3697.
Full textChinellato, Laura <1988>. "LA SORTE DEI RAPPORTI DI LAVORO DIPENDENTE ALLA LUCE DEL NUOVO CODICE DELLA CRISI D’IMPRESA. LE NOVITÀ IN TEMA DI TRASFERIMENTO DELL’AZIENDA IN CRISI." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/16238.
Full textPozzato, Laura <1984>. "CRISI ECONOMICA E RICADUTE PREVIDENZIALI: RUOLO E DESTINO DELLA PREVIDENZA COMPLEMENTARE." Master's Degree Thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/2362.
Full textCOLLA', RUVOLO Tobia. "Organizzazioni finanziarie internazionali, gestione delle crisi del debito sovrano estero e rispetto dei diritti umani." Doctoral thesis, Università degli studi del Molise, 2021. http://hdl.handle.net/11695/105840.
Full textThe object and the scope of the present work is to investigate some issues relating to the social sustainability of State sovereign debt and some weaknesses of the intervention programs to help the States in difficulties. Such loans, from both international financial organizations such as the International Monetary Fund or (in some cases) the World Bank, and other States (within the framework of informal meetings such as economic summits or, with respect to debt restructuring, the Paris and London clubs), are subject to the application of conditionality measures that, especially during the crisis of 2008-2010, have been characterised by austerity. The application of such measures has provoked a huge compression, and in some cases a violation, of certain human rights recognised by the main international treaties about human rights. Human rights monitoring bodies, some international organizations and some constitutional courts of the borrowed States have reported this problem, revealing how conditionality policies have not solved the crisis (if not temporarily) and have caused a lowering of the human rights standards beyond the limits allowed by international and domestic law. The International community, therefore, has questioned whether is configurable the responsibility of the international organizations that, during the sovereign debt crises, impose to the borrowing States, in order to get the loans, conditionality based on austerity measures destined to reduce human rights standards. In making this assessment, it is important to consider that, even if a State can impose regressive measures in the protection of human rights, when they are economically conditioned, it has to guarantee a minimum core standard identified by the international doctrine as insurmountable limit in human rights protection. Further scope of the present work is to analyse the responsibility regime of international financial organizations for the violations of human rights, on the basis of the Draft Articles on the Responsibility of International Organizations of 2011 and the international and domestic case law on the matter, to verify the international and domestic remedies available for the borrowing State and the individuals. If for the European Union institutions, such aspect is quite simple thanks to the presence within the organization of jurisdictional bodies, for other international organizations this matter is more complicated because of the uncertainties relating to international remedies and because of is still controversial in doctrine the international organizations immunity from domestic courts. This could be a potential obstacle to the judicial protection of individuals before a domestic court.
Fidelbo, Costanza <1993>. "“Unite for Heritage: la protezione del patrimonio culturale nelle aree di crisi”." Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/13155.
Full textIanni', Antonio <1985>. "Il cosiddetto fallimento dello Stato : profili giuridici delle crisi del debito sovrano." Doctoral thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/12892.
Full textCabianca, Alessandro <1974>. "Le Società del Trasporto Locale Tra crisi economica, Servizio Pubblico e Libertà d'Impresa." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amsdottorato.unibo.it/8691/1/CABIANCA%20A%20Le%20societ%C3%A0%20del%20trasporto%20pubblico%20locale%20tra%20crisi%20economica%20servizio%20pubblico%20e%20libert%C3%A0%20d%27impresa.pdf.
Full textThis research focuses on the relationship between public services and the freedom of enterprise. The aim is to investigate on the impact of the public service regime on private and public operators from a functional and organizational point of view. This phenomenon is considered through the lens of the local public transport, in its specification of public passenger transport; this takes on particular significance in the current historical crisis, which has ha serious repercussions for the sector. In particular, the research topics concerne: -the identification of the market sectors reserved to the public service and the sectors opened to the regime of freedom of business -the relationships between the public service of the collective transport of people and the adjacent markets; -the impact on the involved economic subjects of a part of the public service regime, with a special focus on the massive presence in this sector of publicly owned companies.
Rango, Ilenia <1998>. "I reati di bancarotta fallimentare nell’ottica del nuovo codice della crisi e dell’insolvenza." Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/21819.
Full textCaeran, Mirco <1991>. "Autonomia privata e crisi coniugale : un’indagine alla luce della teoria dei contratti relazionali e dell’analisi economica del diritto." Doctoral thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/19516.
Full textMeneghel, Davide <1989>. "Un duplice ruolo per il TFR; previdenza e finanziamento per lavoratori e imprese nella crisi." Master's Degree Thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/3753.
Full textD'ERCOLE, CARLOS. "MERCATO DEL CONTROLLO NELLA CRISI DI IMPRESA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2010. http://hdl.handle.net/10280/730.
Full textThe thesis compares the world of Chapter 11 reorganizations with the new types of reorganizations introduced in Italy by the recent reform of bankruptcy law. In particular the thesis deals with the market for corporate control in the insolvency arena in both countries. In the States bankruptcy claims are traded on a regular basis whereas Italy still hasn't fully experienced transfers of control within the frame of a corporate reorganization. The first chapter focuses on all issues connected to US M&A in bankruptcy: acquisition of claims in the different classes, control rights in covenants, debtor-in-possession financing, pay for performance in bankruptcy, credit default swaps and empty voting. The second chapter focuses on the interpretation of articles 124 and 127 of the new Italian bankruptcy law which may lead to the creation of a market for corporate control within the frame of a composition with a third party buyer and discusses the potential applicability of mandatory bids pursuant to art. 106 TUF to such deals.
Sederino, Valentina <1997>. "I delitti di bancarotta alla luce del nuovo Codice della crisi d’impresa e dell’insolvenza." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19771.
Full textPetterlin, Martina <1996>. "“LA GESTIONE DEI CONTRATTI DI LAVORO DURANTE LA CRISI D’IMPRESA ALLA LUCE DELLE MODIFICHE DEL D.LGS 14/2019”." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19005.
Full textDanieli, Elisabetta <1997>. "La gestione dell’impresa in crisi: le misure adottate dal Governo durante l’emergenza pandemica da Covid-19." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/20381.
Full textMontorsi, Tommaso <1977>. "Crisi economiche, sostenibilità ambientale e politiche pubbliche: il ruolo del legislatore e della pubblica amministrazione." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2013. http://amsdottorato.unibo.it/5462/1/montorsi_tommaso_tesi.pdf.
Full textThis work analyzes the role of the legislator and of the public administration respectively in outlining and implementing public policies aimed at the promotion of economic development models distinguished by a high rate of environmental sustainability. For this purpose, the work is split into four chapters. The first chapter takes into consideration the main elements of the general theory making up the keys to understanding the topic being dealt with. This first research phase is centred, on the one hand, on the (historical-evolutionary) analysis of the environment concept in the light of prevalent legal interpretation and, on the other, on the formation of the concept of sustainable development, especially in an environmental perspective. In the central part of the work, consisting of the second and the third chapter, the analysis involves three areas of investigation of great importance for the systematic contextualization of public policies in the sector: the system of relations existing between the numerous entities (international, national and local) involved in finding solutions to the systemic environmental crisis; the identification and definition of the substantial principles regulating the environment protection system and directing policy choices in the sector; the main, currently applicable protection instruments (juridical and economic). The fourth and last chapter takes into consideration the policies relating to the authorization procedures for the building and running of energy production plants fuelled by renewable sources, analyzed as a specific case which can be taken as a paradigm of the role played by the legislator and the public administration in the sector of sustainable development policies. The analysis conducted shows a high rate of complexity of the institutional and organizational system, to which must be added evident limits of efficiency as regards the administrative system of authorizations introduced by the national legislator.
Montorsi, Tommaso <1977>. "Crisi economiche, sostenibilità ambientale e politiche pubbliche: il ruolo del legislatore e della pubblica amministrazione." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2013. http://amsdottorato.unibo.it/5462/.
Full textThis work analyzes the role of the legislator and of the public administration respectively in outlining and implementing public policies aimed at the promotion of economic development models distinguished by a high rate of environmental sustainability. For this purpose, the work is split into four chapters. The first chapter takes into consideration the main elements of the general theory making up the keys to understanding the topic being dealt with. This first research phase is centred, on the one hand, on the (historical-evolutionary) analysis of the environment concept in the light of prevalent legal interpretation and, on the other, on the formation of the concept of sustainable development, especially in an environmental perspective. In the central part of the work, consisting of the second and the third chapter, the analysis involves three areas of investigation of great importance for the systematic contextualization of public policies in the sector: the system of relations existing between the numerous entities (international, national and local) involved in finding solutions to the systemic environmental crisis; the identification and definition of the substantial principles regulating the environment protection system and directing policy choices in the sector; the main, currently applicable protection instruments (juridical and economic). The fourth and last chapter takes into consideration the policies relating to the authorization procedures for the building and running of energy production plants fuelled by renewable sources, analyzed as a specific case which can be taken as a paradigm of the role played by the legislator and the public administration in the sector of sustainable development policies. The analysis conducted shows a high rate of complexity of the institutional and organizational system, to which must be added evident limits of efficiency as regards the administrative system of authorizations introduced by the national legislator.
Nicolodi, Vittoria <1991>. "Il superamento della crisi aziendale quale requisito del licenziamento economico. Il punto in dottrina e in giurisprudenza." Master's Degree Thesis, Università Ca' Foscari Venezia, 2017. http://hdl.handle.net/10579/11499.
Full textRampin, Riccardo <1994>. ""I rapporti di lavoro e la crisi di impresa: il d.lgs. 14/2019 e il trasferimento d'azienda"." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/18761.
Full textRONDINA, FRANCESCO. "Contratto collettivo e crisi d'azienda." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2008. http://hdl.handle.net/2108/539.
Full textDI, BONA Alberto. "I nuovi modelli di gestione del debito." Doctoral thesis, Università degli studi di Cassino, 2021. http://hdl.handle.net/11580/84112.
Full textMAMELI, VERONICA. "LA RIDUZIONE DELL'ORARIO DI LAVORO COME MISURA ANTI-CRISI: UN' ANALISI COMPARATA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/40639.
Full textThe aim of the PhD thesis is to compare, through the comparative methodology, some legal tools of the reduction of working hours, aimed at pursuing the safeguarding of job’s places, in Italy, France and Germany. The first chapter shows the Italian legal framework of the "defensive solidarity contracts", and "expansive solidarity contracts", by Law n. 863/1984 up to the D. Lgs. n. 148/2015. The second chapter focuses on the French social security system, on "French defensive solidarity contracts", called "accords de maintien dans l’emploi" and the "expansive solidarity contracts", called "accords de développement de l’emploi", as amended by Law n. 1.088 of 2016. The third chapter focuses on German anti-crisis instruments of working hours reduction, such as the "Kurzarbeit", the "Arbeitszeitkorridor" and the "Arbeitszeitkonto", and their legal framework related to the jurisprudence of the European Court of Justice. The PhD thesis ends with a reflection regarding the effectiveness of these anti-crisis measures of the reduction of working hours, thanks to the economic analysis of law.
Manolio, Caterina <1993>. "Il welfare occupazionale nel contesto della crisi del moderno Stato Sociale: opportunita e limiti di un diverso modello di solidarieta." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9700/1/TESI%20FINALE.pdf.
Full textThis study aims to describe the phenomenon of occupational welfare against the backdrop of the crisis and the transformation of the modern Western welfare state. First of all, we will focus on the genesis of the phenomenon, and, specifically, on the emergence of new social risks that have deeply transformed the institutional and social pattern since the Fordist revolution: beside the study of the main welfare state models and their historical reconstruction, we will observe the possible contributing causes that have determined, over time, the gradual retrenchment of welfare state and the rise of different forms of supplementary welfare. Then, we will zoom in on the growing importance of occupational welfare in the European and national political and business context, through the analysis of the most recent studies on the issue and the measures adopted by the Italian legislator and the social partners in the last collective bargaining season. At the end of the normative reconstruction, the phenomenon will be read according to three different interpretative outlooks, with the aim of highlight limits and opportunities deriving from the adoption of a different model of social solidarity and its possible development strategies in the various fields of application. Ultimately, on the basis of these considerations, we will look at the phenomenon under a broader perspective of "social innovation": by this expression, we define the process encompassing socially innovative policies and actions aimed at overcoming poverty and social exclusion, through a reconfiguration of social and political relations. Moving from the analysis of some virtuous examples of dialectical interplay between public and private institutional actors, the paper concludes stating the importance of embedding occupational welfare in a broader circular and participatory systems of social risk management, through which develop and maximize social well-being, even beyond company policies.
Turricchia, Emanuele. "La Crisi Europea dei Rifugiati: Analisi del fenomeno e proposta di glossario sull'accesso al diritto di asilo in Italia." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amslaurea.unibo.it/12767/.
Full textDe, Petra Francesca <1992>. "Il Multilateralismo Regionale giapponese nel periodo di crisi del WTO. L’EPA tra Giappone e Unione Europea." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/16683.
Full textROBERTI, Ilaria. "Crisi economica, strumenti della revisione e ruolo dei Parlamenti nazionali e del Parlamento europeo." Doctoral thesis, Università degli studi del Molise, 2018. http://hdl.handle.net/11695/83537.
Full textThe economic and financial crisis has not simply caused a failure of the Eurozone markets but at the same time caused a change of the review tools examined. In particular, the procedure for revising the European Treaties no longer fulfilled the function of guaranteeing a consistent trend in the integration process because its circumvention on the occasion of the adoption of the Fiscal compact and its non-recourse in relation to the save-state measures have facilitated the construction of a functionalist and not federal Europe. This "deformation" of the regulatory instruments was accompanied by a "deparlamentarization" of the decision-making centers, because, albeit in a different way, the European Parliament and the national parliaments have been scarcely involved in the decision-making circuit, thus making decisions lacking a solid democratic basis. The "Right to the Parliament" (A. Manzella) which constitutes the "cross-guarantee of all other fundamental rights" (A. Manzella) is thus still a finality for European citizens, who find themselves adopting intergovernmental choices and fruit agreement between institutions of a technocratic nature. These issues were examined by linking the link between the constitutional failures that affected the European body and the events that occurred during the emergency situation. In particular, the failed project of the Constitution, the lack of involvement of the European people in the exercise of what can not properly be called constituent power and the problems related to multilevel parliamentaryism have had a certain impact during the economic emergency on the recourse to the procedure of revision of the Treaties and on its even though weak democratic-representative dimension. In other words, the U.E has faced the challenge of reorganizing the financial markets without a solid institutional structure, which was able to guarantee a fair division of duties among the Member States. Moreover, after the political-constitutional failures, the European body could not but continue to leverage the economic axis not only to avoid the default of the euro area but also to encourage integration between the peoples. This of course has created a problematic situation, above all in terms of the fact that the progressive and ever more pervasive impact of European policies on the Member States did not correspond to a simultaneous increase in the European democratic space. In Italy, however, the discussion focuses on the trends of dominant constitutional revisionism, highlighting how the economic crisis has only limited to bring them back into vogue albeit with some peculiarities. The modification of the art. 81 of the Constitution has put a strain on the tightness of the guarantees of the art. 138 of the Constitution above all in order to respect parliamentary centrality and to reflect on the opportunity to change the constitutional text. Later, with the ddl. Constitutional 813 of 2013, the art. 138 Cost was the object of a direct attempt to derogate from it, as was the case, even if with due differences, in the previous experiences of the bicameral of the 1990s. To this is added the question about the admissibility of amending the Constitutional Charter in a broad way and thus disregarding the rationale underlying the art. 138 Cost, which, according to the vision of the Constituents is a process aimed at making timely changes to the basic text. The analysis of this last profile was resubmitted with the Renzi-Boschi reform, which, like the modification of art. 81 Constitution and of the ddl. 813, has been examined in the work as another episode of that chapter, inaugurated with the economic crisis, of what has been called the "war of thirty years against the Constitution" (G. Ferrara). The situation outlined above implies that the constitutional revisionism of the economic crisis and more generally of the last thirty years is no longer the expression of democratic constitutionalism from which it takes its course but is more inclined to support the logic of simplification and economic functionality, thus imposing to return to critically think both on the traditional categories and especially on the revision of the Constitution, in order to understand the direction of this change.
FULGENZI, Matteo. "La "guerra delle sanzioni": un'analisi multilivello delle sanzioni internazionali imposte alla Federazione Russa per la crisi in Ucraina alla luce del diritto internazionale e del diritto dell'Unione Europea." Doctoral thesis, Università degli studi del Molise, 2022. https://hdl.handle.net/11695/114349.
Full textThe PhD thesis «The “sanctions war”: a multilevel analysis of the international sanctions imposed on the Russian Federation for the crisis in Ukraine in the light of international law and the law of the European Union» deals with the issue of the lawfulness of “unilateral” economic sanctions adopted by States or international organizations outside the decision-making framework of the United Nations Security Council (UNSC). In the background of the controversial events that, in 2014, led to the annexation of the Crimean peninsula by Russia to the detriment of Ukraine and the insurrection of pro-Russian rebels in the Ukrainian region of Donbass, the present research proposes an in-depth legal analysis of the measures involved in the “economic war” between the West and the Russian Federation, focusing on the examination of the critical elements that can be found in the legal framework underlying the opposing sanctions and counter-sanctions regimes. The text is divided into five chapters, dedicated to the following aspects: (1) general framework of the concept of “sanction” under international law and (2) European Union (EU) law, with an inherent examination of the doctrine and jurisprudence; (3) analysis of the specific sanctions adopted by the EU and the United States against Russia, as well as the counter-sanctions decided by the Kremlin in response to Western measures; (4) examination of the legal arguments concerning the legitimacy of the unilateral (and extraterritorial) imposition of international sanctions as well as in-depth analysis of the issue of the judicial protection of the fundamental rights and freedoms of the subjects of the Russian Federation (and of Ukraine ) affected by the “smart” sanctions of the EU; (5) study, in the light of international economic law and, in particular, the law of the World Trade Organization (WTO), of the legal implications of the reciprocal trade sanctions between Western States and Russia. The author concludes that, on the basis of the insights offered by international law and international economic law, the only “third-party” measures generally considered admissible are to be identified in diplomatic acts as well as, of course, in the so-called “retaliatory” or “unfriendly” acts and attitudes which, however, can be traced back to the category of conducts considered internationally lawful. “Collective” (or “punitive”) countermeasures adopted unilaterally on an economic-commercial level and aimed at the instrumental use of the “side system” of multilateral trade regulation for the sole purpose of compensating for the so-called “systemic failure” of a distinct legal complex (such as, in the case in question, that of the UN “blocked” by the veto power of a permanent Member of the UNSC) would in fact be excluded also on the basis of relevant positions of the doctrine and, above all, by virtue of the recent developments in the jurisprudence produced by the judicial bodies of the WTO system. All this, although the instances aimed at safeguarding fundamental principles and values for the integrity of the international order cannot in any case be left without consideration and the Western sanctions have been conceived in order to send a strong signal of disapproval towards the actions put in place by Russia in the context of the crisis in Ukraine.
Chiavalin, Giovanni <1995>. "La continuità aziendale alla luce della riforma del codice della crisi d’impresa e dell’insolvenza (d. lgs. 14/2019)." Master's Degree Thesis, Università Ca' Foscari Venezia, 2019. http://hdl.handle.net/10579/15784.
Full textDI, STANI Immacolata. "Il ruolo delle relazioni industriali nella gestione della crisi del settore della raffinazione e della chimica : il caso ENI S.p.A." Doctoral thesis, Università degli studi di Bergamo, 2015. http://hdl.handle.net/10446/32830.
Full textCAVALETTO, TOMMASO. "Democrazie in crisi epistemica: il suffragio universale alla prova." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2020. http://hdl.handle.net/10281/277367.
Full textThis work analyzes the crisis faced by contemporary democracies moving from a specific point of view, i.e. the epistemic decline of democratic electorates. In particular, I focused on the gap between low level of information/reasoning ability of the average citizen, and the growing amount of skills he needs to get properly oriented in contemporary society. Therefore, I show that all the main symptoms of the current democratic crisis are strongly correlated with this “epistemic gap”, which has always been a potential problem for democracy, but its effects are nowadays amplified by the social, political and technological context we live in. In order to analyze the features of this epistemic crisis, I used surveys on the relationship between citizens and politics, statistical data on voters’ cognitive skills and studies on voters’ decision-making, focusing in particular on the Italian context. As a result, these studies cast a shadow over many democratic theories that base the axiological legitimacy of democracy on a citizens’ supposed ability to govern themselves. Therefore, I tried to find institutional solutions to overcome the crisis. First of all, I proposed some interventions for improving education and media systems, aimed at increasing competences, analytical skills, and information of citizens. However, a phenomenon as pervasive and entrenched as epistemic deficit cannot be fully solved only by this kind of interventions. Therefore, in the second part of the thesis I considered the theories developed by epistocratic political philosophy, which proposes to rethink universal suffrage and replace it with some kind of knowledge-based electorate selection. I chose to focus on epistocratic doctrines because of the increasingly key role they are acquiring in the contemporary scientific debate: nowadays, they are one of the most innovative (and controversial) line of research in the field of critical analysis of the democratic model. I studied the legal conditions that a suffrage restriction should respect in order not to violate the supreme principles of democratic systems. I then studied the same issue also from an axiological point of view. Lastly, I wondered about the feasibility of these kind of interventions in the current socio-political context. From this point of view, it has emerged it was appropriated to think also of less disruptive solutions in the short-medium term. In particular, I analyzed some reform proposals that could reduce indirectly the incidence of political ignorance on the electoral process, while keeping universal suffrage formally unchanged.
CHERUBINI, Sabrina. "Mercato e strumenti del welfare: prospettive di riforma degli ammortizzatori sociali al tempo della crisi economica." Doctoral thesis, Università degli studi di Ferrara, 2013. http://hdl.handle.net/11392/2388917.
Full textLIONELLO, LUCA. "Trasferimenti di sovranità nell'Unione Economica e Monetaria alla luce della crisi del debito." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11372.
Full textThe thesis aims to provide a critical analysis of the development of the Economic and Monetary Union (EMU) in the light of the sovereign debt crisis. Since 2009 a number of measures have been progressively implemented, which have limited the autonomy of Member States in exercising their sovereign prerogatives and have granted EU institutions new powers in key policy areas. The research will investigate the ongoing transfers of sovereignty from national to European level focusing on the transformation of both the Economic and the Monetary Union. In the first chapter, it will consider the original features of the EMU, from its introduction at the intergovernmental conference of Maastricht until the ratification of the Lisbon Treaty. The second chapter will focus on the creation of rescue and stabilization mechanisms put in place to save Member States from imminent default and to ensure the financial stability of the Eurozone as a whole. The third chapter will study the interventions of the European Central Bank during the crisis considering how the necessity to protect the single currency has developed its role and extended its mandate. The fourth chapter will focus on the reform of the economic governance through the fiscal discipline of Member States. The fifth chapter will take into consideration the reform of the banking governance and the establishment of the European Banking Union, which was finally introduced to stop the vicious cycle between the debt and banking crisis. By developing the thesis, the analysis will consider each reform from the point of view of its legality, effectiveness and democratic legitimacy.
DIFRONZO, Annalisa. "La crisi della giustizia del lavoro in Italia e i rimedi per contrastarla: la certificazione dei contratti (ma non solo)." Doctoral thesis, Università degli studi di Bergamo, 2014. http://hdl.handle.net/10446/30597.
Full textPLANCHENSTAINER, FRANCESCO. "La gestione delle crisi e delle emergenze alimentari: un'analisi comparativa multilivello del quadro giuridico europeo e statunitense." Doctoral thesis, Università Cattolica del Sacro Cuore, 2014. http://hdl.handle.net/10280/2472.
Full textThis dissertation analyses the management of food safety emergencies and crises in the US and the EU adopting a threefold perspective (i.e., public authorities, industry, consumers). Food safety emergencies and crises are highly burdensome events that may leave behind high fatalities tolls and severe economic consequences. Crises and emergencies are the outcome of both the increasing complexity of the food chain and the growing scientific uncertainty that modern societies are called to face. While it is impracticable to eradicate these events, countries may build prevention and preparedness in advance. This work attempts to capture an original way the role covered by different stakeholder in crises preparedness and response. The dissertation also aims to demonstrate that food safety crises are increasingly at the intersection between Public Health, animal health and food safety. The first chapter provides a case history of the most relevant food safety crises in the last two decades. From the BSE scandal that hit Europe in 1996 to the most recent E.coli outbreak in Germany of 2011, the events are analyzed in a comparative way as to point out the essential features of food safety crises. The second chapter canvasses the role played by public authorities, industry and consumer in food safety incidents. In the attempt to define crises and emergencies, a review of most important theories from organizational literature is provided, with an emphasis on the importance of scientific uncertainty. The chapter deals with stakeholders’ different perspectives outlining the interest at stake and describing at the same time stakeholders’ behavior vis-à-vis food related risks. The fourth chapter represents the core of the dissertation analyzing the legal framework of the US and the EU. The dissertation considers not only food safety provisions but also Public Health provisions describing rights and duties of the subjects involves in these events. The chapter focuses also on the problem of information at the intersection with different aspirations (e.g., the right to know and confidentiality). The dissertation ends with some concluding remarks suggesting possible solution to solve the mentioned shortcomings.
DE, ROSA CORRADO. "IL FINANZIAMENTO ALLE IMPRESE IN CRISI." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/282730.
Full textCONDINO, OLIVIA. "Il sovraindebitamento del consumatore." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2013. http://hdl.handle.net/10281/43884.
Full textDE, VITA Marialuisa. "Flat tax: un'alternativa possibile alla crisi dell'IRPEF? La rivisitazione del mito della progressività per un sistema fiscale più equo." Doctoral thesis, Università degli studi del Molise, 2022. https://hdl.handle.net/11695/114428.
Full textThe present research aims to investigate whether the introduction of a flat tax in Italy can constitute a valid remedy to the crisis that has long afflicted the Italian personal income tax (IRPEF), which has failed to ensure a fair and efficient income tax system. The work starts with the analysis of the historical, economic and legal reasons underlying the transition from the proportional tax levied on income coming from separate sources to the progressive tax on total income (so-called comprehensive income tax). The analysis highlights how the preference for a progressive system is linked, on the one hand, to the sociopolitical ideology regarding the model of the welfare state and, on the other hand, to the general acceptance of the principle of ability to pay as the basis of taxation. Since the 1970s, the progressive tax on total income has taken in Italy, as in other legal systems, such a form that it no longer respects not only the canon of horizontal and vertical equity but also that of efficiency due to the distorting effects deriving, from the proliferation of differentiated tax treatments, which have accentuated the complexity and opacity of the tax system on the one hand and the spread of tax avoidance and tax evasion on the other. In this context, liberal-inspired tendencies of North American origin took effect. That has pushed states to abandon redistributive projects, which were supposed to be implemented by means of highly progressive income taxes and fall back on taxation schemes compliant with “attenuated” models of progressivity, including the flat tax model. Its advantages and disadvantages, as well as its feasibility in Italy, emerge from a comparative analysis of flat tax systems in Europe. In Italy, the idea of modelling the IRPEF reform on the flat tax concept has always encountered an obstacle in art. 53, paragraph 2 of the Italian Constitution. Its interpretation provided by the Constitutional Court demonstrates that the constitutional provision does not preclude the introduction of a flat taxation as long as the progressive nature on the tax system considered as a whole is safeguarded. In this perspective, a major reduction of progressivity such as that deriving from the introduction of a single rate income tax without basic exemption is certainly censurable at the constitutional legitimacy level, but the softer models of progressivity deriving from a tax with a single rate, accompanied by a more or less articulated system of deductions may be acceptable. However, the real obstacle to introducing flat tax in Italy is of economic nature and is linked to its not being financially feasible. Thus, the introduction of alternative models has been taken into consideration. For example, the dual system was referred to in the initial version of the enabling law draft approved by the Council of Ministers in October 2021. The transition to the dual system, while presenting a critical issues both on a practical level and on a legal one, could ensure both comprehensive taxation of income and greater uniformity in the treatmnet of income falling within the same tax base. Nevertheless, due to electoral reasons, politicians are willing to uphold the numerous existing flat taxation regimes. That constitutes the primary obstacle to introducing the dual system, and, more generally, to the organic reform of the Italian personal income tax.
ZAMPINO, GIUSEPPA. "Il bail in nel nuovo sistema di risoluzione delle crisi bancarie: impatto sulla tutela del risparmio." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2019. http://hdl.handle.net/10281/241195.
Full textThe well-known recent crisis events have highlighted the need to establish suitable devices at the regulatory level to prevent bank failures, as well as systemically contain the negative effects. To this aim, the European BRRD Directive (2014/59 / EU) was adepte to prepare procedures for resolving failure of credit institutions in order to ensure uniformity of the rules among the EU member states. the classification of the prodromal interventions (restoration plans and early intervention) to the resolution and the particular phases in which the latter is articulated are taken into consideration. Among the techniques identified, a significant power is assigned to an authority ad hoc to write down or to convert in shares the liabilities of the bank in crisis (in a predetermined order), on condition that some requirement are satisfied. Therefore, we refer to bail-in, a device that allows to burden the recovery of banking on shareholders and creditors rather than on taxpayers. Therefore, we intend to examine the exceptional conditions under which the European Directive allows the exclusion of the applicability of the bail-in on liabilities otherwise permitted. The research want, then, to analyze the bail in, focusing on the possible effects that its application could have on investment decisions and, more generally, on banking. Bail-in raises issues of financial education, the correctness of banking business practices and the adequate information of customers to whom banking or financial services are offered. It is necessary an effective and complete dissemination of the information that comes even before the pre-contractual information that should find space in the phase of formation of the banking or investment contract. The present work tries to reflect on such problems.
GUARDAMAGNA, CHIARA. "I principi generali nell'esperienza giuridica. Prospettive di diritto pubblico dell'economia." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2013. http://hdl.handle.net/10281/42375.
Full textGogliettino, Gian Piero. "La tutela dei lavoratori subordinati e dei livelli occupazionali nel trasferimento d'azienda di imprese in crisi o insolventi." Doctoral thesis, Università degli studi di Padova, 2014. http://hdl.handle.net/11577/3423512.
Full textLa tutela dei lavoratori subordinati e dei livelli occupazionali nel trasferimento d’azienda di imprese in crisi o insolventi – Riassunto. La ricerca, partendo da una ricostruzione storica della disciplina interna del fenomeno circolatorio delle imprese in bonis, anche alla luce del diritto dell’Unione europea e della sua giurisprudenza, si è concentrata sulle novità che hanno interessato l’ordinamento domestico, rispetto al trasferimento delle imprese in crisi o insolventi, a seguito della condanna del nostro Paese da parte della Corte di giustizia europea con sentenza n. 561/07 del 2009. In particolare, l’analisi si è concentrata sul nuovo art. 47, c. 4 bis, della l. n. 428/1990 e di come lo stesso si pone, in termini di compatibilità, riguardo alle indicazioni sovranazionali. Significativa attenzione è stata posta ai risvolti lavoristici connessi non solo al nuovo concordato preventivo e all’accordo di ristrutturazione dei debiti, ma anche alla procedura dell’amministrazione straordinaria, pur non mancando di rilevare i costanti profili di criticità rispetto alla direttiva comunitaria n. 2001/23. Lo studio, infine, si è concentrato sulle tutele collettive, nell’ambito del processo circolatorio, poste a favore dei lavoratori dipendenti delle imprese in crisi o decotte, nonché sulla strategicità che possono assumere, rispetto alla conservazione dei livelli occupazionali, sia le politiche passive che quelle attive del lavoro.
Conedera, Chiara. "Tutela occupazionale nelle procedure concorsuali." Doctoral thesis, Università degli studi di Padova, 2008. http://hdl.handle.net/11577/3425632.
Full textNon si può parlare di diritto del lavoro e di tutela dei diritti dei lavoratore senza pensare alla necessità di proteggere i lavoratori nei casi in cui essi rischiano veramente il tutto per tutto, in quelle situazioni cioè di patologia in cui non solo il lavoratore vede compromesso il proprio lato economico ma in cui viene messo a rischio il bene che dovrebbe ricevere maggiore protezione: il posto di lavoro. Il problema della crisi d’impresa, che sempre più frequentemente è all’attenzione di giornali e dibattiti politici, viene qui studiato e analizzato da un punto del lavoratore subordinato dipendente di un’impresa assoggettata alla procedura concorsuale. L’attenzione è rivolta ai risvolti pubblicistici che inevitabilmente conseguono alla crisi d’impresa, rispetto ai quali la logica del legislatore fallimentare del 1942 appare del tutto estranea. E’ dunque all’introduzione della procedura di amministrazione straordinaria piuttosto che alla riforma della procedura fallimentare operata in questi ultimi anni, che si deve il merito di un maggior riconoscimento degli interessi dei lavoratori, non solo dal punto di vista economico quanto di prosecuzione del rapporto di lavoro.
Selmin, Giorgio <1995>. "Riforma della crisi d'impresa: le novità apportate dal d.l. 118/2021." Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/21420.
Full textHalder, Buddhadeb <1980>. "Crowdsourcing Crisis Management Platforms: A Privacy and Data Protection Risk Assessment and Recommendations." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amsdottorato.unibo.it/7802/1/HALDER_BUDDHADEB_tesi.pdf.
Full textSORCI, Valentina. "Il ruolo della cooperazione sociale e il welfare locale." Doctoral thesis, Università degli studi di Bergamo, 2014. http://hdl.handle.net/10446/30694.
Full textBerardi, Maria Assunta <1984>. "Doveri e responsabilita' degli amministratori nella crisi dei gruppi di societa'." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7215/1/BERARDI_MARIAASSUNTA_TESI.pdf.
Full textThis study aims to identify directors’ duties and responsibilities, leading to indemnification, with particular regard to the directors of the parent company exercising activity of direction and coordination, in a context of crisis or insolvency in the group, also with a view to “prevention” and, more precisely, the set of rules of proper corporate and entrepreneurial management, with which the silence of the insolvency law in terms of groups of companies has to compare. In particular, it will investigate the possibility of identifying, within the Italian law, when the crisis emerges, duties of conduct in the bodies of government of the company or entity that exercises activity of direction and coordination, in order to face the crisis, avoiding the deterioration of the same, or for an early recovery and, therefore, more susceptible of a positive outcome, to protect minority shareholders and creditors of the subsidiaries and, at the same time, the shareholders of the parent company and, therefore, in a wider and more articulated perspective than the one characterizing a unique company. The object of the analysis is introduced by a general overview of the new Italian law on groups of companies with particular regard to the regulation of the activity of direction and coordination which has been introduced by the reform of company law, by means of articles 2497 and following of the Italian civil code. In the second part the criteria and principles shall be identified, from which to derive the rules of governance in groups of companies and the related directors' liability in contexts of crisis in the group. On the basis of the aforesaid arguments, in the last part the management rules will be identified within the group when the crisis emerges and, in particular, the possible “instruments” that our legislator provides to face it.
Berardi, Maria Assunta <1984>. "Doveri e responsabilita' degli amministratori nella crisi dei gruppi di societa'." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7215/.
Full textThis study aims to identify directors’ duties and responsibilities, leading to indemnification, with particular regard to the directors of the parent company exercising activity of direction and coordination, in a context of crisis or insolvency in the group, also with a view to “prevention” and, more precisely, the set of rules of proper corporate and entrepreneurial management, with which the silence of the insolvency law in terms of groups of companies has to compare. In particular, it will investigate the possibility of identifying, within the Italian law, when the crisis emerges, duties of conduct in the bodies of government of the company or entity that exercises activity of direction and coordination, in order to face the crisis, avoiding the deterioration of the same, or for an early recovery and, therefore, more susceptible of a positive outcome, to protect minority shareholders and creditors of the subsidiaries and, at the same time, the shareholders of the parent company and, therefore, in a wider and more articulated perspective than the one characterizing a unique company. The object of the analysis is introduced by a general overview of the new Italian law on groups of companies with particular regard to the regulation of the activity of direction and coordination which has been introduced by the reform of company law, by means of articles 2497 and following of the Italian civil code. In the second part the criteria and principles shall be identified, from which to derive the rules of governance in groups of companies and the related directors' liability in contexts of crisis in the group. On the basis of the aforesaid arguments, in the last part the management rules will be identified within the group when the crisis emerges and, in particular, the possible “instruments” that our legislator provides to face it.
Boldrin, Silvia <1993>. "Procedure di composizione delle crisi da sovraindebitamento e trattamento dei crediti tributari." Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/13312.
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