Journal articles: 'Italian legal system'

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De Götzen, Eva. "Recognition of same-sex marriages, overcoming gender barriers in Italy and the Italian law no. 76/2016 on civil unions. First remarks = Riconoscimento dei matrimoni omosessuali, superamento delle barriere di genere in Italia e legge n. 76/2016 sulle unioni civili. Prime riflessioni." CUADERNOS DE DERECHO TRANSNACIONAL 9, no. 2 (October 5, 2017): 194. http://dx.doi.org/10.20318/cdt.2017.3871.

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Abstract: This contribution will focus on the relationship between the Italian legal system and same-sex couples. Firstly, certain key issues which have arisen so far in the context of cross-border samesex couples under the former Italian legal system will be tackled in order to investigate how this system handled non-traditional family ties established abroad when lacking the relevant legal framework. Secondly, the brand new Italian law no. 76/2016 on same-sex civil unions and de facto cohabitants will be briefly addressed in order to verify whether this law effectively fits the overall aim to overcome gender barriers in family matters in Italy. Lastly, the new Italian conflicts-of-law rules devoted to cross-border civil unions will be considered in order to evaluate whether the serious drawbacks arising from a denied genderless continuity of family status granted abroad are effectively overcome.Keywords: same-sex marriages, same-sex adoption, civil unions, continuity of family status, public policy.Riassunto: Il presente contributo analizza i rapporti tra ordinamento italiano e coppie omosessuali. In primo luogo, saranno affrontati alcuni problemi sorti nell’ambito dell’ordinamento italiano in merito al trattamento delle coppie omosessuali con elementi d’internazionalità al fine di verificare come tale ordinamento abbia gestito i rapporti familiari non tradizionali sorti all’estero pur in difetto di una disciplina di riferimento. In secondo luogo, si analizzerà brevemente la recente legge n. 76/2016 sulle unioni civili e coabitazioni di fatto al fine di verificare se essa effettivamente consenta di superare le barriere di genere in Italia. Da ultimo, si esamineranno le nuove norme di conflitto italiane relative alle unioni civili transfrontaliere onde appurare se consentono di superare i problemi connessi al difetto di continuità in Italia di uno status personale acquisito all’estero.Parole chiave: matrimoni omosessuali, adozione di coppie omosessuali, unioni civili, continuità di status familiari, ordine pubblico.

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Garfinkel, Paul. "The Italian legal system: an introduction." Journal of Modern Italian Studies 21, no. 4 (August 7, 2016): 694–96. http://dx.doi.org/10.1080/1354571x.2016.1207339.

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Syta, Yevgeniia, and Ilona Babska. "STUDY OF THE ITALIAN ADMINISTRATIVE SYSTEM." Economics: time realities 3, no. 49 (June 23, 2020): 55–60. http://dx.doi.org/10.15276/etr.03.2020.7.

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The article considers the peculiarities of the organization of judicial power in Italy. Considerable attention is paid to the concept of administrative justice according to foreign legal doctrine. The legal basis of the activities of administrative justice bodies in Italy was analyzed, the structure of administrative justice bodies and their main powers were revealed. The conclusion defines the place of administrative justice bodies in the Italian judicial system.

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Bruni, Carlo. "Joint Stock Companies in the Italian Legal System." Comparative Law Review 24 (February 19, 2019): 155. http://dx.doi.org/10.12775/clr.2018.005.

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Falletti, E. "The Cultural Impact of Islamic Mass Immigration on the Italian Legal System." Journal of Law, Religion and State 6, no. 1 (March 6, 2018): 1–28. http://dx.doi.org/10.1163/22124810-00601001.

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Although Italy is a country with a strong tradition of emigration, only in the last twenty- five years have Italians had to face new and pressing social, juridical and cultural problems related to a surge in immigration. The majority of immigrants during this period have been from areas steeped in with a Muslim majority such as Northern and Central Africa and the Middle East. The cultural encounter between the Italian Catholic tradition and the newcomers’ faith and customs has been very pronounced, and often problematic. The aim of this paper is to investigate the most relevant issues that arise from the interface between the cultural and legal aspects of Islamic culture pertaining to immigrants living in Italy with the Italian legal system. The areas considered are related to self-determination, personal integrity and family law, and were selected for their relevance to analyzing the impact of cultural differences on public policies and social behavior. The methodology used draws from both a comparative and a multidisciplinary approach.

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Caponi, Remo. "The collective redress action in the Italian legal system." ERA Forum 10, no. 1 (February 28, 2009): 63–69. http://dx.doi.org/10.1007/s12027-009-0107-6.

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Long, Joëlle. "The Impact of the UNCRC on the Italian Legal System." International Journal of Children's Rights 17, no. 1 (2009): 155–70. http://dx.doi.org/10.1163/157181808x389263.

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AbstractAlthough the direct effect of the United Nations Convention on the Rights of the Child (UNCRC) on the legal system have been limited, the UNCRC is for Italy one of the most important multilateral conventions: the legislator approves almost any act on children's rights, stating that the new legal instrument is necessary in order fully to implement the UNCRC; the courts use the Convention to justify judicial interpretations which cannot be given on the sole ground of domestic law and sometimes even to substantiate interpretations against the letter of domestic law. The analysis of the conflicts between the UNCRC and Italian law identified both by the Committee on the Rights of the Child and by Italian scholars shows the ways of implementing this international instrument in Italy are not likely to change in the future: the effects on the sources of Italian law will therefore probably remain the only path through which the Convention actually contributes to the improvement of children's protection in Italy.

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Golecki, Mariusz Jerzy. "The limits of the consensual principle and the structure of a contract of obligation in Italian civil law." Nieruchomości@ Specjalne, no. V (December 15, 2021): 295–309. http://dx.doi.org/10.5604/01.3001.0015.5837.

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The Italian legal system belongs to the so-called Roman family law. However the distinction between a contract and an agreement, famously applied in French civil law, has not been adopted by Italian legal system. The peculiar features of the concept of contract adopted under Italian law pertain to the fact that, without borrowing from the French Civil Code, nor from the German Civil Code, the Italian definition of contract expressed in art. 1321 of the Italian Civil Code has plain and concise textual meaning, specifying both the nature and legal consequences of contract making. The Italian Civil Code generally identifies a contract with an agreement of the parties concluded for the so called legal cause of the contract understood as the economic and social function of the contract. The regulation concerning concluding and enforcing contracts in accordance with art. 1324 of the Italian Civil Code have been extended to other legal actc, in particular unilateral ones, provided that they are inter vivos and the terms of contract pertain to obligatory or proprietary relations. The paper focuses on the limits of the principle of contractual consent in Italian law. The principle generally refers to the agreement as the general underlying legal condition for validity of any contract. The principle has a significant impact on the legal effects of a potential ex post collapse of the contract due to its’ invalidity in case of the transfer of ownership concerning both personal property rights and immovable property rights.

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Kranebitter, Klara. "The impact of European legal acts on national legal terminology and on German as a minority language in South Tyrol, Italy." International Journal of Legal Discourse 6, no. 1 (May 1, 2021): 113–33. http://dx.doi.org/10.1515/ijld-2021-2048.

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Abstract Legal concepts are generally deeply rooted in a specific legal system. Even when two legal systems use the same official language, such as Germany and Austria, the system-boundness of their legal concepts may lead to communication problems. German is also an officially recognised minority language in South Tyrol, Italy. In South Tyrol, the local public authorities must use the minority language in their relations with German-speaking citizens. This brought about the need to elaborate a local German legal terminology to express Italian legal concepts. Terminology development efforts intended to promote terminology consistency and avoid an excessive regionalisation of South Tyrolean German, so as to foster communication with the neighbouring German-speaking legal systems. In the last decades, European Union law has led to a growing harmonisation in the legal terminologies of its Member States, facilitating communication between the different legal systems, also with benefits for terminology work in South Tyrol. This paper focuses on how European legal acts impact on national legal terminology and affect German legal terminology in South Tyrol. The considerations set out are based on comparative legal terminology work regarding the Italian and the German-speaking legal systems done at Eurac Research.

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Colcelli, Valentina. "The problem of the legal nature of Green Certificates in the Italian legal system." Energy Policy 40 (January 2012): 301–6. http://dx.doi.org/10.1016/j.enpol.2011.10.010.

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11

de Carolis, Daniele. "The Reverberation Effect of the EU Notion of Abuse of Law on the Italian Tax Legal System: Towards an Enhanced Horizontal Interaction Among National General Anti-Abuse Rules?" Intertax 45, Issue 2 (February 1, 2017): 169–74. http://dx.doi.org/10.54648/taxi2017013.

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In the preface to the seminal book ‘Prohibition of Abuse of Law – A New General Principle of EU Law?’1prof. de la Feria relies on the metaphor of ‘reverberation’ in order to account for the creation and development of an EU principle of abuse of law and its impact on the different Member States’ national legal systems. Building on this idea, this article shows how the reverberation metaphor can effectively be used to explain the impact of the EU notion of abuse of law on the Italian tax legal system and the horizontal interaction of this latter system with other Member States’ legislations. On this reading, the first section illustrates the main features of the reverberation process; the second examines the impact of this process on the Italian tax legal system with particular reference to the process of codification of a national General Anti-Abuse Rule (GAAR); finally, the third section attempts a comparison between the Italian and the English anti-abuse provisions in order to work out an example of possible horizontal interaction between the two national systems.

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Gimigliano, Gabriela. "Globalization and the Growth of Islamic Banking: The Authorization Process in Italy." European Business Law Review 32, Issue 4 (August 1, 2021): 649–80. http://dx.doi.org/10.54648/eulr2021023.

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This paper endeavours to ascertain how Islamic banking may operate within the Italian legal system, given that neither the Rome I regulation, and the incorporation approach cannot be applied. There are three main research questions: i) which is the mainstream Western approach to Islamic banking?; ii) if Sharia rules are considered as a system of social rules and Islamic banking is compared to ethical banking or socially responsible banking, to which extent the Italian banking law is applicable to?; iii) can we suggest building up Sharia rules as a system of normative prescriptions? Globalization, Islamic banking, Sharia, Italian banking law, money, potential capital, usus, legal system, general clauses, lex mercatoria

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Baldini, Vicenzo. "HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE." HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL 2, no. 2 (December 31, 2020): 117–46. http://dx.doi.org/10.24861/2675-1038.v2i2.40.

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The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

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Liakopoulos, Dimitris. "THOUGHTS ON THE RESPONSIBILITY OF LEGAL ENTITIES IN EUROPE." Diponegoro Law Review 5, no. 1 (April 30, 2020): 34–50. http://dx.doi.org/10.14710/dilrev.5.1.2020.34-50.

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The present work is concentrated on a construction of a legal person's model responsibility for the EU countries, with a particular attention for a comparative analyse of the systems assumed in certain European nations (Italian, France, Spain, German, Belgian systems). The end result of this system is oriented to corporates responsibilities that, after the mass transfer of general interest from public service to privates services, corporates have to attend to relatives guarantees. Because it was established a social insecurity level, we have produced a model of corporation’s organisation engaged of a security position, that exceed the traditional standard of culpability.

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Sabbi, Luca. "Country note: The Reasonable Time of Tax Proceedings in the Italian Legal System." Intertax 46, Issue 6/7 (June 1, 2018): 584–93. http://dx.doi.org/10.54648/taxi2018061.

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The judicial protection of the taxpayer’s fundamental rights is still not fully implemented in Italy nor even in Europe. Article 6 of the European Convention on Human Rights (the Convention) – with its dichotomy of ‘rights and civil obligations/criminal charges’ – avoids guaranteeing a full and an effective protection. EU law and the EU Charter of Fundamental Rights possess a strong and wider legal force, despite their being effective only within the competences under Article 5 of the EU Treaty. The jurisprudence of the Italian Supreme Court of Cassation currently still tends to exclude the automatic application of the guarantees of Article 6 of the Convention, even in tax penalty matters. In this context, the Italian Constitution and the so-called Pinto Law – which implements the remedy pursuant to Article 13 of the Convention to ensure that proceedings conclude within a reasonable time – should be taken into consideration. Although national legal systems cannot offer less protection than Conventional or EU law, it is entirely possible that national legal systems may provide greater protection than Conventional or EU law. From this perspective, the correct interpretation of Italian legal rules would allow the application of the principle of reasonable duration of proceedings, in the context of purely tax matters.

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Capantini, Massimo. "Recent Legal Developments in the Government of the Italian Electricity System." European Public Law 12, Issue 4 (December 1, 2006): 533–48. http://dx.doi.org/10.54648/euro2006036.

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Monaienko, Anton. "Italian Experience of the Administrative Justice Functioning." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 27–46. http://dx.doi.org/10.37635/jnalsu.27(2).2020.27-48.

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The development of administrative legal proceedings in Ukraine determines the search for optimal ways to improve the system. Each country has its own strategy for the functioning of administrative justice, which depends on cultural, historical, national, integration processes, as well as the gradual formation of the legal system of a particular state. The main purpose of the study is to analyse the Italian experience of the administrative justice functioning. To achieve this goal, various theoretical methods are used. The method of legal forecasting allowed to identify areas for improvement of administrative justice in Ukraine. The author presents the concept and features of administrative justice operation in Italy in matters of protection of violated rights, freedoms and interests of individual and citizen by decisions, actions and omissions of the authorities; analyses the system and structure of administrative justice in Italy, its specialisation; features of some categories of public law disputes and delimitation of jurisdiction of administrative courts and general courts in resolving certain categories of administrative cases, features of their reading in administrative courts of Italy of first and appellate instance; powers of the Italian State Council in resolving public law disputes, and powers of quasi-judicial tribunals of Italy, which perform the functions of justice. It is revealed that the administrative courts of Italy are empowered with the rights to assess the activities of public administration. Based on the experience of other countries, including Italy, we can conclude that a well-built system of administrative justice can help protect the rights of Ukrainian citizens and the rule of law. But it is important not only to focus on foreign countries, but also to take into account the peculiarities of the legal system of Ukraine

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Gimigliano, Gabriella. "Investigating Islamic banking in Italy." International Journal of Islamic and Middle Eastern Finance and Management 9, no. 3 (August 15, 2016): 364–87. http://dx.doi.org/10.1108/imefm-07-2015-0078.

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Purpose The purpose of this paper is to contribute to the existing body of work in the area of Islamic banking by investigating the regulatory accommodation process of Islamic banking in Italy. Design/methodology/approach The method used is essentially based upon an analysis of laws, regulations and jurisprudence/legal doctrine. Findings In Italy, where Muslim represent, from a religious point of view, the second largest immigrant community, no Shari’a-compliant institution has been authorised yet, but no legal obstacle is laid down. Research limitations/implications The paper examines the accommodation process of Shari’a-compliant banking within the Italian system of banking and business law. Therefore, the paper is mainly based on the Italian jurisprudence/legal doctrine. Moreover, no comprehensive analysis of Islamic banking principles is provided. Practical implications The paper, investigating the accommodation process of Islamic banking in the Italian banking system, shows any legal and regulatory obstacles refraining Muslims living in Italy from living according to Islam and complying with the general regulation of undertakings. Originality/value Examination of the topic is originally undertaken because the investigation of Islamic banking in the Italian legal framework matches the business-based approach with the cultural-based approach as complementary analyses.

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Parente, Salvatore Antonello. "Family Income Taxation Models in the Italian Legal System: Analysis and Perspectives." Białostockie Studia Prawnicze 27, no. 3 (September 1, 2022): 207–25. http://dx.doi.org/10.15290/bsp.2022.27.03.12.

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Abstract In the regime of sources of Italian law, the taxation of family income has undergone profound changes, in line with the 1975 family law reform, which marked the transition from the patriarchal family, based on the figure of the pater familias, to the nuclear family, composed of spouses and children. Also thanks to the intervention of the Constitutional Court, the model of legal cumulation, in which the husband, in his role as head of the family, was taxed on the income produced by the members of the household, was followed by the system of decumulation, characterized by individual (or separate) taxation of the income produced by each family member. The essay analyses the taxation regime of family income in the Italian legal system, examining its compatibility with the principle of ability to pay, foundation and limit of taxation.

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Chiocchetti, Elena, Natascia Ralli, and Isabella Stanizzi. "When language becomes law: the methodology and criteria adopted by the South Tyrolean terminology commission for the standardisation of German and Italian translation equivalents." Linguistica 53, no. 2 (December 1, 2013): 9–23. http://dx.doi.org/10.4312/linguistica.53.2.9-23.

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South Tyrol is a part of Northern Italy where a large German-speaking minority lives. In 1972 the local population was granted the right to use the minority language with the public administration, in court and in all realms of public life (DPR 672/1972). An urgent need for a clear and consistent German legal language that faithfully reflected the Italian legal system ensued. The task of responding to such terminological emergency was assigned to a commission of six legal experts and translators (DPR574/1988), who were to officially validate (i.e. standardise) the German language equivalents to the existing legal and administrative Italian terms. The use of the newly standardised terminology is mandatory for all public bodies. After about 20 years of activity, the proposed paper aims at analysing the results obtained and difficulties faced by the Commission during their daunting task of creating a German language terminology to express the concepts of Italian law with a constant view to the neighbouring well-established German speaking legal systems. The paper will illustrate the decision-making process, term selection criteria and strategies of neologyas well as discuss the procedural problems and terminological inconsistencies on the basis of real examples.

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Cappuccio, Laura. "Art. 11 of the Italian Constitution between text and context." Italian Review of International and Comparative Law 1, no. 1 (October 15, 2021): 188–95. http://dx.doi.org/10.1163/27725650-01010012.

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Abstract Luigi Bonanate’s book “Costituzione italiana: articolo 11” analyses Article 11 of the Italian Constitution through the prism of its application. Bonanate provides the reader, in a clear and compelling style, with a complete interpretation of Article 11, combining the analysis of the preparatory work in the Constituent Assembly with its doctrinal interpretation and political application. The book does not only analyse the drafting of this article, but also focuses on the “political history of Article 11”, on the contemporary debate by the scientific community and, finally, on its relations with the international legal system.

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Cantarella, Francesca. "Construction of crime and the criminal: pathologies of the Italian legal system." Journal of Modern Italian Studies 19, no. 5 (October 20, 2014): 528–40. http://dx.doi.org/10.1080/1354571x.2014.962253.

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Kamińska, Agnieszka Gloria. "Profiles of Potential Unconstitutionality of Legislation Restricting Personal Freedom for the Containment of COVID-19 on the Example of the Italian Republic." Białostockie Studia Prawnicze 27, no. 2 (June 1, 2022): 125–45. http://dx.doi.org/10.15290/bsp.2022.27.02.07.

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Abstract The Sars-CoV–2 pandemic is changing the main issues of Italian constitutional law. The phases of the Italian normative management of the crisis focused on important and extraordinary measures and brought to light some structural problems of the Italian constitutional legal system. More generally the ongoing health crisis is revealing the lack of an articulated emergency framework in the Italian Constitution and questioning whether existing legislative tools are suitable to face contemporary threats. This article aims to analyse the main issues raised by the Italian government’s reaction to the coronavirus: the notion of emergency in Italian constitutional law, the legal forms chosen to fight the virus, the choice of the Italian Government to regulate the emergency by decrees of the President of the Council of Ministers, the role of decree law (‘decreto-legge’), from the emergency and the compression and restriction of fundamental rights to the balance of the fundamental freedoms with the protection of right to health.

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Rizzi, Marco, Katie Attwell, Virginia Casigliani, Jeannette Taylor, Filippo Quattrone, and Pierluigi Lopalco. "Legitimising a ‘zombie idea’: childhood vaccines and autism – the complex tale of two judgments on vaccine injury in Italy." International Journal of Law in Context 17, no. 4 (November 9, 2021): 548–68. http://dx.doi.org/10.1017/s1744552321000586.

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AbstractThe impact of ‘bad’ science on judicial decision-making is a thorny aspect of the relationship between science and law. This study employs doctrinal and empirical analysis to explore two Italian judgments that asserted a causal link between childhood vaccines and autism. Using a combination of actor–network theory and legal pragmatism, we uncovered a network of actors and institutions internal and external to the legal system enabling these impactful decisions that went on to contribute to a crisis in vaccination coverage in Italy. These include trial strategies, resources, communication practices between arms of government, awareness and responsiveness of institutional actors, and institutional mechanisms governing the integration of scientific expertise into the legal process. By forensically analysing how a ‘zombie idea’ received a patent of legitimacy in the Italian context, this study provides useful lessons for legal systems grappling with complex and contested public health matters.

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Senatori, Iacopo. "Multinationals and National Industrial Relations in Times of Crisis: The Case of FIAT." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 4 (January 21, 2012): 169–488. http://dx.doi.org/10.54648/ijcl2012025.

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This article analyses recent developments in the Italian industrial relations system resulting from the joint pressures exerted by the EU institutions and an Italian multinational, both advocating deregulation of the legal framework, with a move towards company-level regulation, and opt-out clauses in national collective agreements. It is argued that such pressures appear to be effective in shifting the balance of power between the players, overcoming resistance to a deregulatory and decentralizing approach. However, the demands of just one company, albeit a leading employer, cannot shape the legal system as a whole, but rather give rise to a multi-faceted model.

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Delsignore, Monica, and Margherita Ramajoli. "The ‘Weakening’ of the Duty to Give Reasons in Italy: An Isolated Case or a European Trend?" European Public Law 27, Issue 1 (March 1, 2021): 23–42. http://dx.doi.org/10.54648/euro2021002.

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Despite the importance formally attached to the principle, the Italian legal system is witnessing a progressive ‘weakening’ of the duty to give reasons. This weakening process seems problematic from the perspective of the respect of the rule of law and effective judicial protection of individuals vis-à-vis the administrative action. This phenomenon though is not specific of the only Italian legal system. The analysis of European Law and of the provisions in selected Member States have shown the weakening of the duty to give reasons can be considered a widespread issue. duty to give reasons, administrative measure, participation, administrative procedure

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Melis, Giovanni, Andrea Melis, and Alessandro Pili. "Fair value and stakeholder-oriented accounting systems. Some evidence from Italy." Corporate Ownership and Control 4, no. 1 (2006): 127–38. http://dx.doi.org/10.22495/cocv4i1p11.

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This paper examined the key issues related to the effects of introduction of fair value in a stakeholder oriented accounting system. In particular, it discussed how the decision of the Italian policymaker to limit the distribution to shareholders of fair value gains is rooted on the importance of prudence in the Italian legal and GAAP framework. The paper seek to explore how the importance of the ‘prudence’ principle in the Italian legal and GAAP framework seems mainly due to the influence of broadly defined corporate governance issues, such as the ownership, control and capital structures that characterise Italian listed companies, the concept of the corporation as generally accepted in Italy, and cultural issues, in relation to prudence, risk-taking and uncertainty avoidance. This paper argued that the Italian regulator decision seems able to safeguard the interests of a wide range of corporate stakeholders, without lowering the quality of information to investors, and provided an example of income statement section (named comprehensive income statement) in which fair value gains and losses may be disclosed

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Gómez Biamón, José Rafael. "The Ladins and their history of legal resilience." Italian Review of Legal History, no. 7 (December 22, 2021): 295–322. http://dx.doi.org/10.54103/2464-8914/16891.

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The Ladins of Trentino-Alto Adige/Südtirol are an ethnic minority with an ancient history, located in the Dolomites Mountains, a place associated with extreme beauty and rugged land. Under the Italian Constitution, Ladins have acquired several legal rights connected with their language and history.Ladins have a history dating to the Roman Empire. Located in a strategic place, with Alpine valleys and mountain paths that connect the Italian Peninsula with Central Europe, several Germanic tribes after the end of the Roman Empire invaded and established themselves in the zone, enforcing their customs and laws. Those so-called “barbaric laws” together with Carolingian and Ecclesiastical law gave birth to a particular system of law during the Middle Ages.Afterward, Ladins became part of the Holy Roman Empire, and later, part of the House of Habsburg. During the aftermath of World War I, Italy obtained the region from the Austrian-Hungarian Empire in the peace treaty of Saint Germain-en-Laye of 1919.The Italian experience with the Ladins started soon after World War I with several publications taking the task of understanding the origins of their language and its people. Ever since, Italian interest in the Ladins has not ceased. In 1998 the Italian Constitutional Court recognized the Ladin people their right to be represented in regional institutions, answering to the historical and social reality of Alto Adige/Südtirol.Consequently, the legal resilience of the Ladins gives testimony of a long history of peaceful victories for their rights, associated with the Ladin language, in the context of judicial procedures, political participation, and legislation.In comparison, Ladins living in other regions of Italy like Veneto and Friuli Venezia Giulia have not reached the same level of autonomy and privileges as those in Trentino-Alto Adige/Südtirol.

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Vese, Donato. "Judicial Review of the NCA’s Decisions: Some Problematic Aspects of the EU Damages Directive in the Context of Italian Law." European Public Law 26, Issue 4 (December 1, 2020): 961–86. http://dx.doi.org/10.54648/euro2020073.

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In the Italian legal system, the transposition of Directive 2014/104/EU into Legislative Decree No. 3 of 2017, with a view to improving the efficacy of both ‘follow-on’ and ‘stand-alone’ legal actions in private and public antitrust enforcement, has highlighted the problem of the judicial review of National Competition Authority (NCA) decisions. The Directive established its own ‘binding effect’ designed by the European Union order to increase the effectiveness and procedural efficiency of actions for damages in the Member States. According to the logic of the European Union, the binding effect seeks to ensure that an infringement of competition law, established by a final decision of the NCA or a court of judicial review, is deemed to be irrefutably acknowledged for the purpose of bringing an action for damages before the national courts under Article 101 or 102 Treaty on the Functioning of the European Union (TFEU) or under national competition law. However, in terms of accomplishing this objective, the prevision introduced into Italian law by Article 9(1) of the Directive becomes problematic when set against the current system of judicial review of NCA decisions in Italy, potentially undermining the effectiveness of the legal protection of the individual. The focus of the article is that the Italian system does not – in its current form – allow adequate judicial review of NCA decisions. Taking the interpretation of Articles 6(1) European Convention on Human Rights (ECHR) and 24 of the Italian Constitution as fundamental norms establishing the ‘right to a fair trial’ and the ‘right to a defence’ as its starting point, the article seeks to offer a solution to the problem arising in relation to full judicial review of NCA decisions within the Italian legal context based on the thesis that if there is no full revision of the facts and no full revision of the discretionary powers there can be no full judicial review. EU Damages Directive, Private and public antitrust enforcement systems, The binding effect of the NCA’s decisions, Administrative and technical discretion, Judicial review of the NCA’s fact findings and technical assessments; European Court of Human Rights (ECtHR) case law, Articles 6(1) ECHR and 24 of the Italian Constitution, Intensity of review in Italy, Full jurisdiction of the Italian administrative courts

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Conti, Adelaide, Paola Bin, Claudia Casella, Emanuele Capasso, Piergiorgio Fedeli, Francesco Antonio Salzano, Lucia Terracciano, and Mauro Piras. "Piercing and tattoos in adolescents: legal and medico-legal implications." Open Medicine 13, no. 1 (April 18, 2018): 148–52. http://dx.doi.org/10.1515/med-2018-0023.

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AbstractNon-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.ResultsIn Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives.ConclusionIf such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

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Lenio, Paweł. "Źródła finansowania ochrony zdrowia w Polsce i we Włoszech." Przegląd Prawa i Administracji 115 (February 26, 2019): 81–95. http://dx.doi.org/10.19195/0137-1134.115.6.

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SOURCES OF FINANCING OF THE HEALTH CARE SYSTEM IN POLAND AND IN ITALYThe study found that the majority of similarities and differences in the legal structure of Polish and Italian sources of financing of health care are the result of the adoption of a specific model of health care, and therefore there are fundamental differences between the catalogues of sources of financing health care in Poland and Italy. The basis for the difference between the Italian and Polish catalogues of sources of financing health care is the obligation of patients to contribute to the costs of the health care system in Italy by paying fees in return for receiving a certain type of service. In the reforms of the Polish and Italian health care systems one can see signs of transferring more and more responsibility to local government units. However, Italian and Polish local government units have no influence on the principles of functioning of the system and the shape of basic sources of financing health care.

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Lupo, Nicola, and Giovanni Piccirilli. "The Relocation of the Legality Principle by the European Courts’ Case Law." European Constitutional Law Review 11, no. 01 (May 2015): 55–77. http://dx.doi.org/10.1017/s157401961500005x.

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Rule of law and the legality principle – Legality principle in the Italian legal system – ‘Prescribed by law’ – Legality in supranational dimension – ‘Democratic disconnect’ – Margin of appreciation – Concepts of ‘law’ and ‘legislation’ – Democracy-based legislation – Quality of legislation – ‘Political constitutionalism’ versus ‘legal constitutionalism’

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Sbraccia, Alvise, and Francesca Vianello. "Legal culture and professional cultures in the prison system." Oñati Socio-Legal Series 12, no. 6 (December 1, 2022): 1463–91. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1324.

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The contribution focuses, with reference to Italy, on the interplay between professional cultures in the field of the prison and tries to describe how the normative characteristics, typical of the professional cultures of teachers and health professionals, meet the total institution. The introduction presents the different sources from which the empirical material comes, collected by the authors in the course of different research and monitoring activities, which allowed them to access to the prison field. The second paragraph introduces the reader to the complexity of the Italian prison system, which has undergone a profound differentiation in recent years. The third paragraph analyzes, on the basis of the qualitative data collected, the encounter between the professional cultures of teachers and doctors and the specific prison culture. The conclusion enlightens the irreducible polymorphism that characterizes the institution and unavoidably interferes with a sociologist's efforts at generalization.

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F. Fondrieschi, Alba. "Dealing With the Unpredictable: The Impact of the Covid-19 Crisis on Lease Agreements in the Italian and Japanese Legal Systems." European Review of Private Law 30, Issue 5 (December 1, 2022): 871–902. http://dx.doi.org/10.54648/erpl2022040.

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Lease contracts have been among the most affected by the economic effects of the pandemic in many countries around the world. Measures aimed at containing the virus and the economic crisis following Covid-19 impacted the solvency of individuals and businesses and restricted or prevented access to business premises for some time. This has resulted in delays and defaults in rent payment and claims for rent reduction. The Japanese and Italian legal systems have both addressed these issues by adopting different approaches. This article aims at comparing both systems, by testing the adequacy of the legal provisions in dealing with the consequences of the Covid-19 crisis. An important role in this regard has been played by the respective doctrines of changed circumstances. The article shows how the rules of the Italian legal system have not proved adequate, have brought about considerable litigation, which in turn has led to conflicting judgments. On the other hand, the Japanese legal system seems to have responded better, as litigation has been more limited and court decisions have been based on uniform principles and rules. The comparison of the two legal systems suggests that the best rules to govern supervening circumstances are those which favour a case-by case please insert caseby- case assessment and encourage spontaneous renegotiation of the contract. The article also raises the question of whether predictability should always be regarded as a value in our legal systems and whether the law is moving toward a more contextual approach.

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Sacerdoti, Giorgio. "The Italian Legal System. By G. L. Certoma. Sydney: Butterworths, 1985. Pp. 520." American Journal of International Law 80, no. 2 (April 1986): 406–7. http://dx.doi.org/10.2307/2201989.

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Messina, P. "Legality and the Normative Sphere of the Trust in the Italian legal system." Trusts & Trustees 3, no. 9 (September 1, 1997): 21–24. http://dx.doi.org/10.1093/tandt/3.9.21.

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Santuari, Alceste. "Legal and organisational innovation in the Italian pharmacy system: commercial vs public interest." Health Economics, Policy and Law 12, no. 4 (April 26, 2017): 495–513. http://dx.doi.org/10.1017/s1744133117000135.

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AbstractPharmacy services are undoubtedly an important part of primary care. Pharmacists are entrepreneurs and simultaneously they are entrusted with a public mission in the health care sector. Pharmacies then reflect a contrast between a commercial/economic objective and public interest, which is to be identified with citizens’ universal right to health care services. This is the reason why in Italy, as in many other EU countries, pharmacies supply their services according to a prior authorisation granted by public authorities. In common with many EU countries, this authorisation is secured according to a demographic criterion. It is only by means of these licensed pharmacies that citizens can buy drugs under medical prescription. Accordingly, the health system is to be driven by public interest, which has yet to prove how competing interests may be regulated in serving health needs. In the light of EU law, the article advocates for an innovative legal and organisational tool whereby to organise the Italian pharmacy system in order to combine economic consideration and public benefit.

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Cammelli, Antonio, and Fiorenza Socci. "Informatics for the Law: LEXIS—A legal expert system on Italian family law." Expert Systems with Applications 4, no. 4 (January 1992): 409–14. http://dx.doi.org/10.1016/0957-4174(92)90133-d.

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Di Fede, Antonio. "BRIEF REFLECTIONS ABOUT VOLUNTARY FORMALISM IN THE ITALIAN LAW SYSTEM." Civitas et Lex 23, no. 3 (December 7, 2019): 41–55. http://dx.doi.org/10.31648/cetl.4425.

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The essay deals with the complex issue of voluntary formalism, regulated in the articles 1326 paragraph 4 and 1352 of the Italian Civil Code, and the exegetical problems connected to it. The study aims to verify whether the voluntary formalism occupies the same role or not and fulfills the same functions as the legal formalism. Then the relationship between the voluntary forms and the classic pathologies related to contracts has been investigated in order to verify the possibility of tracing the whole theme of the forms chosen by the parties within the different problem of the formation of the contractual agreement.

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Giampieri, Patrizia. "Translating legal formulae: a corpus-driven approach." Comparative Legilinguistics 52 (January 9, 2023): 293–317. http://dx.doi.org/10.14746/cl.52.2022.13.

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Fixed lexical or syntactical expressions and formulae hallmark legal language. They serve both linguistic and legal purposes, and should be rendered accordingly in a target language and legal system. Most of the times, however, formulaic expressions are translated by resorting to calques, false cognates, or phrases that are uncommon in the target legal language (and legal system). This paper is aimed at exploring how and if corpus analysis can dispel doubts and help find acceptable translation candidates. As there are currently no publicly available legal corpora addressing corporate documents such as contracts and agreements, this paper wishes to bridge this gap by building and relying on an ad hoc corpus of authentic agreements written in English as a first language according to the laws of England and Wales. In this way, corpus evidence can help find equivalents and, possibly, address recurrent mistranslations from Italian into English. During the corpus analysis process, the paper shows and discusses search queries and how equivalents can be obtained. At the same time, it questions dictionary entries. The paper findings highlight that the consultation of the ad hoc corpus allows to find acceptable translations of Italian legal formulae and address recurrent mistranslations. English formulaic expressions, in fact, can be rendered satisfactorily thanks to the possibility of noticing word usages in context, keywords in contexts and collocations. Further research can encompass a wider variety of formulae and/or legal documents so that scholars and translators can be equipped with useful reference tools.

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da Costa Leite Borges, Danielle, and Caterina Francesca Guidi. "Rights of access to healthcare for undocumented migrants: understanding the Italian and British national health systems." International Journal of Human Rights in Healthcare 11, no. 4 (September 10, 2018): 232–43. http://dx.doi.org/10.1108/ijhrh-01-2018-0006.

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Purpose The purpose of this paper is to analyse the levels of access to healthcare available to undocumented migrants in the Italian and British health systems through a comparative analysis of health policies for this population in these two national health systems. Design/methodology/approach It builds on textual and legal analysis to explore the different meanings that the principle of universal access to healthcare might have according to literature and legal documents in the field, especially those from the human rights domain. Then, the concept of universal access, in theory, is contrasted with actual health policies in each of the selected countries to establish its meaning in practice and according to the social context. The analysis relies on policy papers, data on health expenditure, legal statutes and administrative regulations and is informed by one research question: What background conditions better explain more universal and comprehensive health systems for undocumented migrants? Findings By answering this research question the paper concludes that the Italian health system is more comprehensive than the British health system insofar it guarantees access free of charge to different levels of care, including primary, emergency, preventive and maternity care, while the rule in the British health system is the recovering of charges for the provision of services, with few exceptions. One possible legal explanation for the differences in access between Italy and UK is the fact that the right to health is not recognised as a fundamental constitutional right in the latter as it is in the former. Originality/value The paper contributes to ongoing debates on Universal Health Coverage and migration, and dialogues with recent discussions on social justice and welfare state typologies.

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Проваси, Роберта. "THE PUBLIC AUDITING: EVIDENCE OF THE EVOLUTIONARY ITALIAN SYSTEM PROCESS." «МЕМЛЕКЕТТІК АУДИТ – ГОСУДАРСТВЕННЫЙ АУДИТ» 55, no. 2 (June 30, 2022): 70–80. http://dx.doi.org/10.55871/2072-9847-2022-55-2-80-90.

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Abstract: The introduction of new accounting systems and related control tools into the Italian legal system occurred over the last century through the many reforms that have often become the subject of political struggle and lobbying divisions. The evolution of the legislation was aimed at better monitoring public spending also to contain spending and improve the effectiveness and efficiency of public performance as well as the quality level of services. This was possible starting with the reforms introduced in the 90's which allowed the replacement of the old territorial structure of the Accounting Office with new, more modern structures and above all by applying to the public sector the principles and techniques already consolidated by management for the private sector.

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Cataldi, Giuseppe. "A HISTORIC DECISION OF THE ITALIAN CONSTITUTIONAL COURT ON THE BALANCE BETWEEN THE ITALIAN LEGAL ORDER’S FUNDAMENTAL VALUES AND CUSTOMARY INTERNATIONAL LAW." Italian Yearbook of International Law Online 24, no. 1 (October 22, 2015): 37–52. http://dx.doi.org/10.1163/22116133-90000072a.

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In judgment No. 238 of 22 October 2014, the Italian Constitutional Court ruled on the legitimacy of certain norms of the Italian legal order which relate to the implementation of the International Court of Justice’s (ICJ) judgment in theJurisdictional Immunities of the State case. In this case the Court found that customary international law concerning State immunity for war crimes and crimes against humanity could not enter the Italian legal order, as it was incompatible with the basic principles of the Italian Constitution. Judgment No. 238/2014 thus reveals a key connection between domestic fundamental values and internationally recognized values. If this connection exists, national courts should decline to give effect to an international decision if it contravenes a fundamental obligation under national as well as international law. Thus, domestic courts may play the role of defenders of the international rule of law from international law itself. According to international law, as well as Italian law, there is no doubt that enforcement of an ICJ decision is mandatory for the State to which the decision is directed. In the case under review, however, the requirement to implement the ruling of the ICJ was set aside in order to defer to the requirement to respect the fundamental values of the Italian legal system, in accordance with the theory of “counter-limits” as developed by the Constitutional Court. This conclusion appears also consistent with the German order, which renders quite weak any possible reaction, or protest, by that State.

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Gaizo, Angela, Gianluca Risaliti, and Marco Rotili. "The New Rules on Bank Remuneration Policies Reception by the Three Major Italian Banking Groups." European Scientific Journal, ESJ 14, no. 7 (March 31, 2018): 386. http://dx.doi.org/10.19044/esj.2018.v14n7p386.

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The compensation and incentive systems of executive directors have been the subject of particular attention by scholars and regulators for their sig-nificant implications on an economic and social level. Especially in the after-math of the Global Financial Crisis of 2007, compensation practices based on short-term profits were accused of having significantly increased the risk-tak-ing that threatened the global financial system. In order to avoid this repercus-sion, the European Community and Italian regulators issued instruments for encouraging banks to implement remuneration systems complying more with their operational and dimensional characteristics. The last of these rules in the Italian legal framework was the VII Update of “Circolare N° 285 of 17th De-cember 2013” which examines the new rules about the remuneration of bank-ers and executives in the Italian financial sector, and the impact of these rules on the three Italian larger significant banks. Results show that the three Italian banks have not been strongly impacted by these rules. Since 2013, in fact, the remuneration system of the three banking groups examined were characterized by a proper balancing between the fixed and the variable component of remu-neration, as well as by a binding (ex-ante and ex-post) adjusting system. Above all, the new rules have affected the number of the “material risk-tak-ers”, which increased in 2015.

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Genovese, Umberto, Cristina Lombardo, Igor M. Akulin, and Еkaterina А. Chesnokova. "The Damages from Unwanted Birth in the Italian Legal System: Between Law and Social Consciousness." Journal of obstetrics and women's diseases 65, no. 1 (March 15, 2016): 87–94. http://dx.doi.org/10.17816/jowd65187-94.

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In Europe, the modern legal systems, as a rule, provide for the right of citizens to a free and informed choice in matter of family planning and procreation, and therefore the right of women to resort to abortion in case of medical and social indications, or even in case of the mother’s request to terminate an unwanted pregnancy. However, being abortion not only a legal issue, but also a social and moral one, different legal systems adopt a wide range of normative models, which take into account, among other things, the existing cultural traditions and the influence of Church on society. Many states recognize the mother and other relatives’ right to compensation arising from the birth of an unwanted child. Much more controversial is the recognition of the rights of a child with a congenital pathology to indemnity from unwanted birth as a result of medical error. In the present article it is examined the experience of Italy, a country where family traditionally represents a considerable cultural and symbolic value. The paper reviews the main normative acts governing the performance of abortion. The research investigates the issues concerning the legal regulation of the compensation for damages arising in connection with the birth of an unwanted child. The present study examines the trend, emerging in the judicial practice, towards the recognition of the physically challenged child’s rights to compensation for the damage deriving from the birth as a result of medical errors.

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Gramano, Elena, and Giovanni Gaudio. "‘New trade union strategies for new forms of employment’: Focus on Italy." European Labour Law Journal 10, no. 3 (September 2019): 240–53. http://dx.doi.org/10.1177/2031952519870028.

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The article aims at providing an exhaustive description of the current scope of application of labour law, with the goal to assess who is entitled to exercise fundamental labour and social rights within the Italian legal system. More specifically, this assessment is used to test the main hypothesis of the Authors of the ETUC report ‘New trade union strategies for new forms of employment’, according to which the idea of the ‘personal work relation’ may be used to redefine the personal scope of application of labour law as applicable to any person that is ‘ engaged by another to provide labour, unless that person is genuinely operating a business on her or his own account’. The article concludes that, although the Italian legal system cannot be currently reframed around the idea of the ‘personal work relation’, there are few signs under Italian law of a trend of enlarging the scope of application of labour laws in order to apply certain traditional labour rights not only to employees but also to certain types of independent contractors.

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Moccia, Luigi. "The Italian Legal System. By G. Leroy Certoma. [London: Butterworths. 1985. xxiv + 520 pp.]." International and Comparative Law Quarterly 35, no. 3 (July 1986): 749–51. http://dx.doi.org/10.1093/iclqaj/35.3.749.

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RUGGIU, ILENIA. "Is begging a Roma cultural practice? Answers from the Italian legal system and anthropology." Romani Studies 26, no. 1 (June 2016): 31–62. http://dx.doi.org/10.3828/rs.2016.2.

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Cameriere, Roberto, Roberto Scendoni, Luigi Ferrante, Dora Mirtella, Luigi Oncini, and Mariano Cingolani. "An Effective Model for Estimating Age in Unaccompanied Minors under the Italian Legal System." Healthcare 11, no. 2 (January 11, 2023): 224. http://dx.doi.org/10.3390/healthcare11020224.

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This article presents an effective model for estimating the age of subjects without identification documents, in accordance with Italian legislation covering unaccompanied minors, using instrumental methods recognized by the scientific community for age estimation. A decision-making tree has been developed, in which the first step is a physical examination. If secondary sexual characteristics are fully developed and there are no obvious signs of abnormal growth, dental X-rays are the next step. If the roots of the seven left mandibular teeth between the central incisor and the second molar are completely developed, the focus then moves to the third molar. If the index of the third molar (I3M) value is less than 0.08, or if third molars are not assessable, the following step is to study the clavicle which, if fully formed, indicates that the subject is an adult with 99.9% probability; otherwise, the probability is 96%. In all other cases (where the I3M is over 0.08), the probability that the subject has reached 18 years is less than 60%. The research, carried out initially on x-rays of the wrist, teeth and clavicle, highlighted the uselessness of the x-ray of the wrist for determining the age of majority, because in our sample, all subjects with incomplete maturity of hand/wrist bones were under 16 years of age; thus, OPT was necessary anyway. What we propose is a practical, easily feasible, fast, economical, and extremely reliable method, which can be used on Caucasian populations and beyond for multiple forensic purposes.

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Marglin, Jessica M. "Nationality on Trial: International Private Law across the Mediterranean." Annales. Histoire, Sciences Sociales 73, no. 1 (March 2018): 81–113. http://dx.doi.org/10.1017/ahsse.2020.12.

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This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama’s nationality, in turn, would determine which legal system regulated his estate. The Italian civil code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama’s nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.

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Journal articles on the topic 'Italian legal system'

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