Journal articles: 'Multiculturalism – Law and legislation – Italy'

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Calcagnile, Carla. "Legislation: Italy." EC Tax Review 12, Issue 1 (March 1, 2003): 63–64. http://dx.doi.org/10.54648/ecta2003013.

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Calcagnile, Carla. "Legislation: Italy." EC Tax Review 13, Issue 1 (April 1, 2004): 35–36. http://dx.doi.org/10.54648/ecta2004009.

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Nanetti, Francesco. "Legislation: Italy." EC Tax Review 13, Issue 2 (June 1, 2004): 84–87. http://dx.doi.org/10.54648/ecta2004021.

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Calcagnile, Carla. "Legislation: Italy." EC Tax Review 13, Issue 2 (June 1, 2004): 83–84. http://dx.doi.org/10.54648/ecta2004020.

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Calcagnile, Carla. "Legislation: Italy." EC Tax Review 14, Issue 1 (April 1, 2005): 50–51. http://dx.doi.org/10.54648/ecta2005010.

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Nanetti, Francesco. "Legislation: Italy." EC Tax Review 13, Issue 3 (October 1, 2004): 157–59. http://dx.doi.org/10.54648/ecta2004032.

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Nanetti, Francesco. "Legislation: Italy." EC Tax Review 12, Issue 2 (June 1, 2003): 116–18. http://dx.doi.org/10.54648/ecta2003025.

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Magenta, Marco. "Legislation; Italy." EC Tax Review 12, Issue 4 (December 1, 2003): 237. http://dx.doi.org/10.54648/ecta2003054.

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Magenta, Marco. "Italy: New CFC Legislation." Intertax 29, Issue 2 (February 1, 2001): 52–56. http://dx.doi.org/10.54648/318125.

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Rubino-Sammartano, Mauro. "New International Arbitration Legislation in Italy." Journal of International Arbitration 11, Issue 3 (September 1, 1994): 77–86. http://dx.doi.org/10.54648/joia1994023.

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Bigot, Giulia, and Stefano Fella. "The Prodi government's proposed citizenship reform, and the debate on immigration and its impact in Italy." Modern Italy 13, no. 3 (August 2008): 305–15. http://dx.doi.org/10.1080/13532940802185097.

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Within a few months of the second Prodi government taking office in 2006, the Interior Minister, Giuliano Amato, reignited the ongoing debate on immigration, social integration, nationality and citizenship in Italy by launching the government's proposed reform of the law on citizenship. This article examines the implications of the reform and the debate it has provoked among the political parties in Italy in the context of the broader political discussion that has developed in Italy since the 1990s regarding immigration control, social integration and multiculturalism. The article sheds light on the way in which themes such as ‘multiculturalism’, ‘integration’ and ‘citizenship’ are conceptualised by political actors in Italy, and the way in which discussion of these themes relates to the broader political strategies and trajectories followed by these actors.

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Pardy, Maree, Juliet Rogers, and Nan Seuffert. "Perversion and Perpetration in Female Genital Mutilation Law: The Unmaking of Women as Bearers of Law." Social & Legal Studies 29, no. 2 (July 23, 2019): 273–93. http://dx.doi.org/10.1177/0964663919856681.

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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as performing their roles as vehicles for demonic possession, unable to authorize agency or law. Through a perverse framing of ‘mutilation’, and in the case through the interpretation of the term ‘mutilation’, practices of FGC as law performed by women are obscured, avoiding the challenge of a real multiculturalism that recognises lawful practices of migrant cultures in democratic countries.

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Hammer, Yoav. "Multiculturalism and the Mass Media." Law & Ethics of Human Rights 1, no. 1 (January 1, 2007): 169–212. http://dx.doi.org/10.2202/1938-2545.1005.

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In light of the importance of culture for the autonomy, sense of identity, and self-respect of individuals, cultural minorities have a right that their cultures flourish. Since cultural minorities are frequently in a disadvantaged position in the cultural market-place, a commitment to equality implies that the state ought to take steps to assist these minorities in preserving their cultures. This Article examines the ways the mass media can assist cultural minorities in preserving their cultures. For instance, when the media present contents that relate to the cultures of minorities, individual members of the minority group are exposed to their culture; media designated for cultural groups facilitate dialogue between group members, thus enabling the cultural group to determine which parts of its culture to retain and which parts to change. With that said, contemporary media frequently provide insufficient cultural contents due to the influence of commercial operational logic. This Article examines why the motivation for profit leads to under-production of cultural materials for minorities and to insufficient inclusion of cultural minorities in the public discourse. It is argued that the inequality caused by the mediawhich provide minorities with too little of the cultural contents so pertinent to the realization of their right to culturemerits corrective intervention. The Article examines possible forms of State intervention with the media on behalf of cultural minorities, taking into consideration that such intervention is a sensitive issue, since it has ramifications concerning the scope of the freedom of the press. Accordingly, it is argued that the State ought to be permitted to create legislation which intervenes, mainly by means of subsidies and structural regulation, to improve the manner in which the media fulfill their roles in a multicultural democracy. In contrast, there should be sparse use of conditionality in the issue of licenses for media operators.

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Rusanov, Georgy. "Sources of criminal law in the area of responsibility for economic crimes in Russia and Italy." Journal of Financial Crime 26, no. 4 (October 7, 2019): 1095–106. http://dx.doi.org/10.1108/jfc-07-2018-0064.

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Purpose The purpose of this study is to investigate the sources of criminal law in the area of responsibility for economic crimes in Russia and Italy. Design/methodology/approach This study is based on the study of five types of sources of criminal law: criminal legislation, legislation of other branches of law in the sphere of regulation of economic relations, legislation of other branches of law in the sphere of protection of economic relations, judicial practice and customs. Findings Based on the study of Russian and Italian legislation were revealed: in general, that systems of sources of criminal law in Italy and Russia are similar and based on the legislation. Originality/value This is explained by the fact that both countries are close to the Roman-Germanic legal system. It is also an important legislation of other branches of law. It consists of regulatory and protective norms of other branches of law. Court decisions, including decisions of the Constitutional Court and some legal positions of other vessels, are also considered as sources of criminal law.

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Di Gennaro, Giuseppe. "Antidrug Legislation in Italy: Historical Background and Present Status." Journal of Drug Issues 24, no. 4 (October 1994): 673–78. http://dx.doi.org/10.1177/002204269402400408.

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Antidrug legislation in Italy is examined since its origin. The historical and political issues which have influenced past decisions are examined and evaluated in their practical consequences. The 1975 legislation, which brought in force the concept of “modica quantità,” was a very advanced form of legislation, which did not survive mainly for political reasons. The 1990 modification of this law, however, has been rejected by a national referendum; as of this time, clear regulations have not been enacted.

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Beare, Tony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, Guillermo Canalejo Lasarte, Anne Robert, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 3." Intertax 44, Issue 3 (March 1, 2016): 247–65. http://dx.doi.org/10.54648/taxi2016017.

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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. In part 1, which was published in Intertax volume 44, issue 1, the authors scrutinized whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addressed whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Part 2, which was published in the previous Intertax issue, provided a general overview of the proportionality test in connection with exit tax legislation under Articles 49 and 54 TFEU, and subsequently discussed whether the exit tax legislation in France, Germany, Italy and the Netherlands is proportional. Finally, this part 3 reviews whether the exit tax legislation in Portugal, Spain and the United Kingdom is proportional, addresses which other transactions the ECJ’s exit tax principles apply to, and provides conclusions and recommendations.

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Beare, Tony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, Guillermo Canalejo Lasarte, Anne Robert, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 2." Intertax 44, Issue 2 (February 1, 2016): 163–79. http://dx.doi.org/10.54648/taxi2016011.

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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. In part 1, which was published in the previous Intertax issue, the authors scrutinized whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addressed whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Part 2 provides a general overview of the proportionality test in connection with exit tax legislation under Articles 49 and 54 TFEU, and subsequently discusses whether the exit tax legislation in France, Germany, Italy and the Netherlands is proportional. Part 3 of this article, to be published in the next Intertax issue, reviews whether the exit tax legislation in Portugal, Spain and the United Kingdom is proportional, addresses which other transactions the ECJ’s exit tax principles apply to, and provides conclusions and recommendations.

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Kobyliński, Andrzej. "Prymat prawa nad etyką? Nowy etap włoskiego sporu o metodę in vitro." Studia Ecologiae et Bioethicae 13, no. 2 (June 30, 2015): 45–67. http://dx.doi.org/10.21697/seb.2015.13.2.03.

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In April 2014 The Constitutional Court in Italy was called to judge parts of the Law 40/2004 and canceled the prohibition of the methods of heterological artificial reproduction. !is decision opened a new stage of the public dispute about artificial reproduction that has been held in Italy for the last 20 years. The most significant principle of the legislation from the year 2004 was the recognition of the human embryo as a human being from the very moment of conception. The law in Italy forbade, among others, producing human embryos for scientific purposes, freezing and destroying human beings. The opponents of such legal regulations evoked the nationwide referendum in 2005 which did not manage to repeal the operative legislation. In 2015 the Italian Parliament will adopt a special law regulating the use of the methods of heterological artificial reproduction.

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Rusanov, Georgy. "Perpetrators of corporate crimes in commercial organizations in Italy and Russia." Journal of Financial Crime 28, no. 1 (October 1, 2020): 120–30. http://dx.doi.org/10.1108/jfc-02-2020-0025.

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Purpose The purpose of this paper is dedicated to the features of subjects of official crimes in commercial organizations in accordance with the laws of Italy and Russia. Design/methodology/approach Based on the study of Russian and Italian legislation, it was revealed that the Italian criminal law provides for a more extensive system of the criminal law provisions on liability for corporate economic crimes. Findings These norms are in various normative legal acts (civil legislation, separate legislative acts). In the Russian criminal legislation, the norms in the sphere of corporate crimes in the sphere of economy are systematized and are located in a separate chapter of the Criminal Code of the Russian Federation. At the same time, the list of acts for which liability is provided is significantly narrower than in the Italian criminal law. Originality/value In general, the institute of criminal liability for subjects of economic crimes with special features is adopted and developed as in the Russian criminal law as in the Italian criminal law. The existence of this institution shows the awareness by legislators of the increased danger to the society of such persons’ actions owing to the fact that the existence of the official status, special powers of certain duties or the lack of an appropriate indication on the contrary allows such a person to commit an act that is not available to other persons.

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Thio, Li-ann. "Rule of Law, Religious Liberty, and Harmony." Journal of Law, Religion and State 5, no. 3 (November 22, 2017): 254–91. http://dx.doi.org/10.1163/22124810-00503004.

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This article examines the state of regulation of religion within Singapore, which is the world’s most religiously diverse country. It considers how fundamental principles of the rule of law, religious liberty and legal pluralism operate within the constitutional order predicated on communitarianism and accommodative secularism. While the rule of law seeks to vindicate a range of values which requires sameness and satisfies claims for inclusion, limits to it through exemptions and accommodative measures that multiculturalism and pluralism may prescribe can protect differences and satisfy claims to be left alone, outside the sphere of state govenance. Drawing from Singapore case law, legislation and executive policy, it interrogates the question of whether a policy of multicultural and legal pluralism protective of religious freedom can be reconciled with the rule of law, which in this context is closely associated with the quasi constitutional objective of preserving racial and religious harmony.

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Bodrožić, Ivana. "Criminal law response to terrorism in the legislation of Spain and Italy." Strani pravni zivot, no. 3 (2018): 109–23. http://dx.doi.org/10.5937/spz1803109b.

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Hudaybergenov, Behzod. "THE DEVELOPMENT OF INSOLVENCY (BANKRUPTCY) LAW AND FORMATION OF BASIC PRINCIPLES IN THE WEST." Jurisprudence 1, no. 4 (December 14, 2021): 50–65. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./badw6498.

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This article analyzes the emergence and development of norms aimed at the legal regulation of insolvency in Ancient Rome, Italy, France, Germany and England in the Middle Ages. Roman law also explains the procedure for fulfilling the claims of the debtor’s creditors, the retention of which is focused on the debtor’s personality and property, the privileges granted to the debtor, and in which cases the debtor is released from liability. In addition, in the Middle Ages, the impossibility of paying for trade in Italy, France, Germany and England was studied – the formation of a bankrupt, the creation of a regulatory framework, features that differ from each other in the legislation of states and their similar aspects. An attempt was made to reveal the content of various tools used in the process in these states, it was analyzed which rules are still widely used today, and how these norms have entered into the legislation of Uzbekistan, and how they are now called and applied. It is on the basis of the legislation adopted in these states that various directions and trends in the law of insolvency are established. It also covered the issues of restoring the existing in history and lost its force, but socially useful, by changing the rules and norms in the current legislation.

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Gallus, Silvano, Irene Tramacere, Piergiorgio Zuccaro, Paolo Colombo, and Carlo La Vecchia. "Tobacco Sales to Minors in Italy." Tumori Journal 95, no. 3 (May 2009): 283–85. http://dx.doi.org/10.1177/030089160909500302.

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Aims and background One of the strategies to control tobacco is to limit purchase of cigarettes to minors. To understand the attitudes of Italian adults towards regulations to prevent minors from purchasing tobacco products, we added specific questions to the annual survey on smoking in Italy. Methods During March-April 2007, we conducted a survey on smoking on 3,057 subjects representative of the Italian population aged ≥15 years. Two specific questions were included, one investigating the attitudes towards the proposed legislation prohibiting purchase of tobacco to individuals under 18 years of age (instead of 16 years) as a policy to reduce smoking prevalence and consumption. The second question asked whether the current tobacco sales-to-minors law was observed. Results Overall, 78% of Italians believed that a restriction of the current tobacco sales-to-minors law could be moderately to extremely effective as a strategy to decrease smoking prevalence and consumption. More than 90% of Italians reported that they had never seen in their lifetime a retailer refusing to sell cigarettes to an adolescent or requesting the minor's identification or age. Conclusions A restriction of the legislation, increasing to 18 years the minimum age for purchasing tobacco, would limit access to tobacco products by minors, only if adopted together with systematic and effective enforcement measures.

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Romito, Patrizia. "The practice of protective legislation for pregnant workers in Italy." Women's Studies International Forum 16, no. 6 (November 1993): 581–90. http://dx.doi.org/10.1016/s0277-5395(08)80003-9.

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Prosperi, Luigi. "‘With or Without You’: Why Italy Should Incorporate Crimes Against Humanity and Genocide Into Its National Legal System." International Criminal Law Review 21, no. 4 (April 20, 2021): 698–714. http://dx.doi.org/10.1163/15718123-bja10058.

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Abstract By ratifying the Genocide Convention, Italy undertook an obligation to enact legislation ‘to provide effective penalties for persons guilty of genocide’. Accordingly, in 1967 the legislator incorporated the offences enumerated in the convention into the domestic legal system. As it was under no such obligation with regard to crimes against humanity, Italy has not criminalized them. Two major legal issues arise from this decision. First, Italy may be unable to execute cooperation requests submitted by the International Criminal Court, and thus breach an international obligation. Furthermore, domestic authorities can only charge suspects with ‘corresponding’ ordinary offences, which are subject to statutes of limitations. Both issues are addressed in the Draft Convention on Crimes Against Humanity adopted by the International Law Commission, whose provisions require States Parties to enact legislation to ensure that under domestic criminal law such crimes constitute offences and are not subject to a statute of limitations.

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Magnani, D., N. Ferri, A. Dalmau, and S. Messori. "Knowledge and opinions of veterinary students in Italy toward animal welfare science and law." Veterinary Record 180, no. 9 (February 7, 2017): 225. http://dx.doi.org/10.1136/vr.103938.

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Animal welfare (AW) is a growing concern worldwide and veterinary students are expected to demonstrate a high degree of professional interest in the welfare of animals. However, previous studies have highlighted gaps in the teaching of AW teaching in different countries, possibly impairing veterinary competency in the area. This survey aimed to assess the opinions of Italian veterinary students towards AW, as well as their knowledge on the issue. Questions were divided into different sections, investigating the definition of, and information on, AW, knowledge about AW legislation, and the level of tolerance towards AW in regard to the use of animals for different purposes. Results showed that behaviour was the most frequently used word to define AW. Italian students considered their own level of knowledge on AW as good, relying on their university training, websites and television. They requested more AW legislation, but when questioned on specifics of the current legislation, there was a general lack of knowledge. Although poultry, pigs and rabbits were considered the species experiencing the worst management conditions, the species that raised the most AW concerns were companion animals and cattle. Results from this investigation may allow the development of tailored actions aimed at appropriately implementing educational strategies, at national and international levels, to improve the role of future veterinarians as leaders in AW.

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de Gioia-Carabellese, Pierre, and Mark Shuttleworth. "Unfair Dismissal of Agency Workers or Unfair Legislation in the UK for Businesses using Agency Workers?" European Business Law Review 24, Issue 5 (October 1, 2013): 635–60. http://dx.doi.org/10.54648/eulr2013031.

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The contribution encapsulates a legal discussion on the controversial figure of the agency workers, from the judicial debate blossomed during the last decade in the British courts, as regards their legal characterization, until the most recent developments, particularly the legislative framework passed in Britain, the Agency Workers Regulations. On such footings, the investigation focuses on the main law provisions of the recent British legislation, including the most crucial limbs of the domestic statute. Additionally and against the backdrop of a comparative analysis, where the Italian jurisdiction is adopted as the "comparator", criticism is expressed by the authors as regards the way the "harmonisation" of EU inspiration (the Temporary Agency Work Directive) has been brought about in this strategic and increasingly important sector of the job market. Particularly, it is adumbrated the view that Britain, with its rigorous and rigid implementation of the Directive, may be currently damaging its own businesses with its irrationality of harsh rules, whereas a country like Italy, where the pertinent EU piece of legislation is applied with an indirect technique - i.e. the tolerance towards the already existing legislation of the fornitura di servizi (provision of services) - may de facto be dodging the constraints of the legislator in Brussels. These findings, of comparative law flavour, with the prominent example of Italy highlighted as a tenuous background, may confirm the sceptical view that, since the beginning, some scholars had expressed towards the Directive and its nebulous teleology.

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Kobyliński, Andrzej. "Czy embrion jest osobą? Spór o sztuczne zapłodnienie we Włoszech." Studia Ecologiae et Bioethicae 5, no. 1 (December 31, 2007): 157–72. http://dx.doi.org/10.21697/seb.2007.5.1.11.

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The public dispute about the methods of artificial reproduction has been led in Italy for many years, the most significant principle of the legislation from the year 2004 is the recognition of the human embryo as the human being from the very moment of the conception, the law in Italy forbids, among others, producing human embryos for scientific purposes, freezing and destroying human beings, using the methods of heterological artificial reproduction, the opponents of such legal regulations evoked the nationwide referendum in 2005 which - because of too poor turnout - did not manage to repeal the operative legislation.

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Zielke, Rainer. "Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries: Germany, France, United Kingdom, and Italy Comp." EC Tax Review 23, Issue 2 (March 1, 2014): 102–15. http://dx.doi.org/10.54648/ecta2014011.

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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.

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Lazic, Djurdja. "The European Court of Human Rights Grand Chamber: Scoppola v. Italy (No. 3)." International Legal Materials 52, no. 1 (February 2013): 323–44. http://dx.doi.org/10.5305/intelegamate.52.1.0323.

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In Scoppola v. Italy (No. 3), the Grand Chamber of the European Court of Human Rights clarified its position on prisoner disenfranchisement under Article 3 of Protocol No. 1 of the European Convention on Human Rights (ECHR). The Grand Chamber upheld, by sixteen votes to one, the challenged Italian legislation as within the margin of appreciation granted to member states in determining the conditions under which the Article 3 of Protocol No. 1 right to vote is exercised. Following its precedent in Hirst v. United Kingdom (No. 2), the Grand Chamber ruled that the Italian law pursued the legitimate aim of preventing crime and enhancing civic responsibility and respect for the rule of law, and that the relevant measure was proportionate because it did not affect a group of people generally, automatically, and indiscriminately. Notably, the Grand Chamber differentiated Scopppola (No. 3) from Hirst (No. 2), stressing that the U.K. legislation challenged in the latter deprived all prisoners, regardless of the length of their sentences or the nature of their crimes, of their right to vote. Unlike Hirst (No. 2), the Grand Chamber noted, the Italian legislation adapted voting restrictions to the particular circumstances of each case.

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Malberti, Corrado. "Fiduciary Arrangements in Civil Law Countries: Framing the Trustees Role and Duties." European Review of Private Law 24, Issue 6 (December 1, 2016): 1053–74. http://dx.doi.org/10.54648/erpl2016063.

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This article explores how some civil law jurisdictions – Luxembourg, Italy, and France, which all derive their law from the Napoleonic Code – frame the role and the duties of trustees. Even though influenced by the common law, these countries developed original and independent solutions. Yet, the approaches of these civil law countries to fiduciary arrangements, and to the rights and duties of trustees, are not homogeneous and, in each of these jurisdictions, it may be difficult to clearly define the position of trustees. I suggest that some of these difficulties derive from the complexity of reconciling several key features of common law trusts with some principles existing in civil law jurisdictions. After an introduction, this article analyses the essential features of fiduciary arrangements in three civil law jurisdictions: Luxembourg, Italy, and France. Then, it examines how the role and duties of trustees have been developed in these countries and outlines the respective advantages and limits of the solutions adopted in these legal systems. I conclude by examining the evolution of the legislation on trusts and fiduciary arrangements in San Marino, and finally arguing in favour of the adoption, in civil law countries, of legislation on fiduciary arrangements that is more coherent with the legal framework in which they will operate.

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Chechi, Alessandro. "Protecting Holy Heritage in Italy—A Critical Assessment through the Prism of International Law." International Journal of Cultural Property 21, no. 4 (November 2014): 397–421. http://dx.doi.org/10.1017/s0940739114000253.

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Abstract:In Italy, churches, chapels, and monasteries are often rich in precious artifacts. However, these religious buildings cannot be easily protected from theft because either they have no antitheft measures or they are abandoned. This article examines the problematic state of the holy heritage in the Italian territory from a legal perspective. In particular, it looks at Italian legislation and the international instruments entered into by the Italian State. The article argues that this protective legal regime is affected by various shortcomings and loopholes that mostly relate to the implementation of existing legal standards. Notably, it appears that these problems originate from the fact that most of the holy heritage situated in Italy belongs to the Catholic Church, and at the same time, it constitutes the historical and artistic patrimony of the Italian State. The article calls for a more efficient management of such precious vestiges by the stakeholders involved and for a revision of the domestic legislation with a view of properly incorporating the achievements of international cultural heritage law.

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Pavoni, Riccardo. "Simoncioni v. Germany." American Journal of International Law 109, no. 2 (April 2015): 400–406. http://dx.doi.org/10.5305/amerjintelaw.109.2.0400.

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With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).

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Longobardo, Marco. "The Italian Legislature and International and EU Obligations of Domestic Criminalisation." International Criminal Law Review 21, no. 4 (April 12, 2021): 623–40. http://dx.doi.org/10.1163/15718123-bja10051.

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Abstract This article explores the nature and content of international and EU obligations to adopt certain criminal domestic legislation, and the impact that they have on the Italian legislature. In light of relevant international, EU, and domestic law provisions, the article investigates what is required of Italy to implement obligations of domestic criminalisation. It is argued that the Italian legislature is bound to implement obligations of domestic criminalisation both under international law and the Italian constitutional law. The article ends with an overview of the legal consequences that Italy may face for failure to implement international and EU obligations of domestic criminalisation.

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Veshi, Denard, and Gerald Neitzke. "Living Wills in Italy: Ethical and Comparative Law Approaches." European Journal of Health Law 22, no. 1 (February 5, 2015): 38–60. http://dx.doi.org/10.1163/15718093-12341344.

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AbstractIn this article, advance directives will be analysed through ethical and comparative law approaches. Their importance, the two different types of advance directives and the so-called three steps hierarchy, will be discussed. Living wills will be treated in detail, considering the criticism they have attracted, as well as their known benefits. A thorough examination of the latest version of Arts. 3 and 4 of Italian Bill No. 2350, as approved by the Italian Senate in March 2009 and then amended by the Chamber of Deputies in July 2011, is included. This bill grants advance directives advisory force, limits their application in time and does not allow the validity of oral declarations. This political decision limits autonomy. Furthermore, there are doubts about the constitutionality of this bill, especially with respect to Arts. 2, 13 and 32 of the Italian Constitution, related to the right of self-determination. Further, this article will include a comparative approach of the legal aspects, with particular attention to the French and German models. To conclude, some ethical principles that the Italian legislator must take into consideration are indicated. In addition, some possible modifications of this Bill are suggested based on the experience of other European legislation.

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Barbui, Corrado, and Benedetto Saraceno. "Closing forensic psychiatric hospitals in Italy: a new revolution begins?" British Journal of Psychiatry 206, no. 6 (June 2015): 445–46. http://dx.doi.org/10.1192/bjp.bp.114.153817.

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SummaryOn 30 May 2014 the Italian Parliament approved a new law regarding forensic psychiatric hospitals. Forensic psychiatric hospitals are facilities that admit individuals who have committed a criminal offence but lack criminal responsibility because of a mental disorder and are deemed as dangerous to public safety. Here we report the key aspects of the new legislation together with some critical considerations.

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Vanni, Domitilla. "The essential role of the investigation in fighting economic crime in Italy." Journal of Financial Crime 23, no. 2 (May 3, 2016): 465–80. http://dx.doi.org/10.1108/jfc-08-2014-0038.

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Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.

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Carbone, Vincenzo. "Vat-Fraud Prevention Tools: Challenges And Policy Issues In Italy." Prim Facie 18, no. 38 (October 30, 2019): 01–20. http://dx.doi.org/10.22478/ufpb.1678-2593.2019v18n38.48709.

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The European Member States lose billions of euros in VAT revenues on account of fraud. The paper analyses the Italian legislation concerning the VAT fraud, highlighting the critical issues in view of the Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law.

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Rivers, Julian. "The Secularisation of the British Constitution." Ecclesiastical Law Journal 14, no. 3 (August 22, 2012): 371–99. http://dx.doi.org/10.1017/s0956618x12000361.

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In recent years, the relationship between law and religion has been subject to increased scholarly interest. In part this is the result of new laws protecting religious liberty and non-discrimination, and it may be that overall levels of litigation have increased as well. In all this activity, there are signs that the relationship between law and religion is changing. While unable to address every matter of detail, this article seeks to identify the underlying themes and trends. It starts by suggesting that the constitutional settlement achieved by the end of the nineteenth century has often been overlooked, religion only appearing in the guise of inadequately theorised commitments to individual liberty and equality. The article then considers the role of multiculturalism in promoting recent legal changes. However, the new commitment to multiculturalism cannot explain a number of features of the law: the minimal impact of the Human Rights Act 1998, the uncertain effect of equality legislation, an apparent rise in litigation in established areas of law and religion, and some striking cases in which acts have been found to be unlawful in surprising ways. In contrast, the article proposes a new secularisation thesis. The law is coming to treat religions as merely recreational and trivial. This has the effect of reducing the significance of religion as a matter of conscience, as legal system and as a context for public service. As a way of managing the ever-deepening forms of religious diversity present within the United Kingdom, such a secularisation strategy is implausible.1

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Gottardi, Francesca. "Down Syndrome Legislation in the U.S. and Italy: A Comparison." Milan Law Review 2, no. 2 (February 22, 2022): 74–102. http://dx.doi.org/10.54103/milanlawreview/17393.

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How do we guarantee dignity and quality of life to individuals with Down syndrome? If a family cannot commit to granting a dignified life, or if there are other health concerns at issue, how do we balance the right of the mother, parents, and unborn child? This article offers a comparative perspective of the disability legal framework in the U.S. and Italy, focusing on Down syndrome. In Italy, healthcare is public and universal, while in the United States healthcare is mostly privatized. In this context, in the U.S. people with mental and physical disabilities are particularly vulnerable due to the high costs of healthcare, stigma, and the need for additional advocacy. This work compares the Americans with Disabilities Act (ADA) in the U.S., the Legge 104/1992 in Italy, and the Convention on the Rights of Persons with Disabilities (CRPD) internationally. Numerous policy considerations impact the lives of individuals with Down syndrome, from conception to delivery, and from early childhood throughout development. There is a controversial legal debate concerning abortion if the fetus has an identified genetic abnormality. Additionally, once individuals with Down syndrome are born, how does the legal framework support these children and their families? Law and policy regarding access to care make a big difference in the quality of life of people with Down syndrome. At first glance, the standpoint of protecting and supporting a child with Down syndrome, and that of protecting the parents' right to terminate a pregnancy, might seem antithetical. However, they are, in fact, part of the same (difficult) conversation. By adopting a person-centered approach, paired with a relationship-centered care approach, we can pursue the holistic and humanistic ideals that our society aspires to achieve.

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Bologna, Silvio, Alessandro Bellavista, Pietro Paolo Corso, and Gianluca Zangara. "Electronic Health Record in Italy and Personal Data Protection." European Journal of Health Law 23, no. 3 (June 14, 2016): 265–77. http://dx.doi.org/10.1163/15718093-12341403.

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The present article deals with the Italian Electronic Health Record (hereinafter ehr), recently introduced by Act 221/2012, with a specific focus on personal data protection. Privacy issues — e.g., informed consent, data processing, patients’ rights and minors’ will — are discussed within the framework of recent e-Health legislation, national Data Protection Code, the related Data Protection Authority pronouncements and eu law. The paper is aimed at discussing the problems arising from a complex, fragmentary and sometimes uncertain legal framework on e-Health.

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Sala, Roberta, and Duilio Manara. "Nurses and Requests for Female Genital Mutilation: cultural rights versus human rights." Nursing Ethics 8, no. 3 (May 2001): 247–58. http://dx.doi.org/10.1177/096973300100800309.

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In this article we focus on female genital mutilation. We analyse this problem as one of the most important issues of multiculturalism, which is also coming to the attention of the public in Italy as a consequence of the growing number of immigrants from African countries. The fundamental problem is about the acceptability of this practice: can female genital mutilation be permitted and, if so, on what basis? We will try to cope with this as a genuine conflict between culture-relative values and universal values, such as human rights. Some attention will be drawn to Italian law. Finally, the impact on nurses of requests for genital mutilation will be described.

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JACKSON, PHILIPPA. "Parading in public: patrician women and sumptuary law in Renaissance Siena." Urban History 37, no. 3 (November 15, 2010): 452–63. http://dx.doi.org/10.1017/s0963926810000568.

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ABSTRACT:In Renaissance Italy clothing, particularly of women, was strictly regulated; individuals were regularly denounced when walking through the city. Modesty was a virtue in a republican state and dress played a major part in urban identity, reflecting social values and those of the political regime. Sumptuary laws were a major mode of control, particularly of patrician women, whose dress reflected both their own and their family's wealth and status. Despite increased availability of luxurious fabrics encouraged by urban policies, legislation was used to prohibit new forms of dress and raise money for state coffers. At the end of the fifteenth century Pandolfo Petrucci (1452–1512) took control of Siena. The inner elite of his regime, particularly its female members, were given exemptions from the strict legislation and were able to flaunt their elevated status and the new social order.

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Bottoni, Rossella. "Challenges to the Catholic Notion of Family and the Responses of the Catholic Church in Italy." Journal of Law, Religion and State 6, no. 2-3 (May 18, 2018): 274–309. http://dx.doi.org/10.1163/22124810-00602006.

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This article aims to examine the tensions between religion and the rule of law, focusing on the defense of the Catholic notion of the family in Italy, under Ruini’s and Bagnasco’s chairmanships of the Episcopal Conference of Italy (ECI). The first part offers some remarks on the institution of the conference of bishops and the development of its role in Italy, as well as on the Catholic notion of family and the challenges it has faced in the course of the Italian process of secularization. The second part examines the responses of the ECI to three state measures: Law no. 40/2004 on medically assisted reproduction; the legislation proposed in 2007 and never enacted on the rights and duties of cohabiting couples; and Law no. 76/2016 on civil unions between homosexual persons and on the legal recognition of cohabitation.

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Balajty, R., D. Takacova, G. Ruffo, and P. Fossati. "Differences between the Italian and Slovak legal systems with respect to animal protection." Veterinární Medicína 63, No. 6 (June 29, 2018): 292–97. http://dx.doi.org/10.17221/4/2018-vetmed.

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This paper provides a comparative analysis of the legal content of animal protection legislation in the Slovak Republic with that of Italian legislation. Firstly, we compare the legal systems in the Slovak Republic and Italy with respect to the animal protection laws, especially criminal law in both countries. This comparison of the two different legislations allows detection of identical or different characteristics in the area of animal protection, which could be used later as an inspiration for lawmakers in both countries.

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Härmand, Kai. "Digitalisation before and after the Covid-19 crisis." ERA Forum 22, no. 1 (February 25, 2021): 39–50. http://dx.doi.org/10.1007/s12027-021-00656-8.

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AbstractStates all over the world have quickly amended legislation in order to help businesses conduct their activities remotely and online. In this article, we will see examples of existing rules concerning annual general meetings being better implemented (in Italy), of legislation being amended with temporary rules (in Germany) and of political momentum being used to bring about fundamental changes (in Estonia).This article provides a brief overview of how changes have been made in order to allow virtual annual general meetings in different countries and what kind of changes were made, and also provides a somewhat deeper look at Estonia’s new legislation concerning remote notarial transactions, online annual meetings and digital infrastructure.

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Romito, Patrizia, and Marie-Josèphe Saurel-Cubizolles. "Fair law, unfair practices? Benefiting from protective legislation for pregnant workers in Italy and France." Social Science & Medicine 35, no. 12 (December 1992): 1485–95. http://dx.doi.org/10.1016/0277-9536(92)90051-q.

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Bizzotto, Elisa. "Late-Victorian Experiences with Italian Legislation: Stories of Sex, Madness and Social Commitment." Pólemos 13, no. 2 (September 25, 2019): 283–97. http://dx.doi.org/10.1515/pol-2019-0022.

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Abstract Given their love for Italy, which often represented for them a second home country, it was not unusual for late-Victorian writers and intellectuals to have direct experiences with Italian laws. The article presents four “case studies” of late-Victorian authors living in Italy and analyses their reactions to such diverse issues as homosexuality, madness and artistic heritage in relation to the Italian law system and by providing a comparative perspective with English legislation. The contribution also considers these authors’ narratives of their responses to Italian laws in both published and private writings that cover a variety of genres and evidence cultural differences and conflicts, though not always in an expected way.

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Beare, Tony, António Castro Caldas, Aliénor Dony, Pieter van Os, Andrea Silvestri, Frank P. G. Pötgens, Pierre-Henri Durand, et al. "The Compatibility of Exit Tax Legislation Applicable to Corporate Taxpayers in France, Germany, Italy, The Netherlands, Portugal, Spain and The United Kingdom with the EU Freedom of Establishment - Part 1." Intertax 44, Issue 1 (January 1, 2016): 40–62. http://dx.doi.org/10.54648/taxi2016005.

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This three-part article discusses the compatibility of exit tax legislation applicable to corporate taxpayers in France, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom with the EU freedom of establishment, especially in the light of the ECJ’s landmark National Grid decision. Part 1 scrutinizes whether a company transferring its tax residence or effecting an outbound cross-border conversion has access to Articles 49 and 54 TFEU under the laws of the Member State. It also addresses whether these laws restrict Article 49, and, if so, whether the restriction can be justified and is appropriate to ensure the attainment of its objective. Parts 2 and 3, each to be published in subsequent Intertax issues, review whether the legislation is proportional, address which other transactions the ECJ’s exit tax principles apply to, and provide conclusions and recommendations.

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Rossi, Giuseppe, and Alessandro Ancarani. "Innovation in water legislation in Italy: ecosystem protection and stakeholders participation." International Journal of Water 2, no. 1 (2002): 17. http://dx.doi.org/10.1504/ijw.2002.002075.

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Journal articles on the topic 'Multiculturalism – Law and legislation – Italy'

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