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1
Brezovnik, Boštjan. "Contradictions in the Concept of Public Institutes in Slovenian Legislation." Lex localis - Journal of Local Self-Government 12, no. 2 (April 16, 2014): 311–27. http://dx.doi.org/10.4335/12.2.311-327(2014).
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In the legislation in force on Slovenian territory, public institutes as a legal form of carrying out statutory utilities have a colourful history. Initially, they became very widespread in the 1950’s, when they were being established as independently financed institutes in many public service fields. With the introduction of a new constitutional and social-political system after 1991, the legislator introduced a special organisational model for the provision of non-profit activities, namely both for those that were to be performed in the public sector – as statutory utilities, as well as for those that were to be performed in the private sector – as non-profit activities. For the public sector, a form of public institutes was asserted, and a form of private institutes for the private sector. The purpose of this text is to display the legal status, assets, management and financing of public institutes in Slovenian legislation.
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Goncharov, Denis Yur'evich. "Classification of factors determining criminality in the sphere of housing and utilities infrastructure." Полицейская и следственная деятельность, no. 1 (January 2021): 14–25. http://dx.doi.org/10.25136/2409-7810.2021.1.35562.
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The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.
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Papaioannou, Anna, and P. J. Slot. "Public Energy Companies Under the EC Treaty: An Overview of Law and Policy." Leiden Journal of International Law 7, no. 1 (1994): 43–61. http://dx.doi.org/10.1017/s0922156500002818.
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This article examines state intervention in the energy sector under the EC Treaty. The analysis focuses upon Articles 37, on state trading monopolies, and 90, on public undertakings, the conferment of exclusive rights and undertakings entrusted with the operation of services of general economic interest. All these forms of business organisation are very common in the energy sector. The Commission's wish to introduce more competition in the public utilities sector is well served by the application of the Treaty rules on a case-to-case basis. Secondarily, legislation has also been adopted for the energy sector pursuant to Article 100A EC. There is considerable public debate on new proposals for directives which aim at further liberalisation in the energy market.
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Massarutto, Antonio. "La riforma dei servizi pubblici locali: un cannone caricato a salve?" ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 2 (May 2009): 5–16. http://dx.doi.org/10.3280/efe2008-002001.
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- The Italian Parliament has recently passed a new reform of local utilities. Compulsory competitive tendering will be the rule, while direct public management will be confined only to very special cases. The article discusses the scope of the reform and its main weaknesses: the excessive width of the focus, the uncertainty on auction design issues and the lack of a proper regulatory framework besides the tender. Policy reform recommendations are proposed with the aim of informing the next phase of the policy, namely the translation of the frame legislation into detailed regulation.Key words: local utilities; liberalization.JEL classifications: L9, H4
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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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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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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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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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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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Protopapa, Venera. "From Legal Mobilization to Effective Migrants’ Rights: The Italian Case." European Public Law 26, Issue 2 (June 1, 2020): 477–507. http://dx.doi.org/10.54648/euro2020052.
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The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation. Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.
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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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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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Knobloch, Roberto. "Archaeological Jobs and Legislation in Italy a Quarter of a Century after the Valletta Convention." European Journal of Archaeology 22, no. 2 (March 19, 2019): 269–88. http://dx.doi.org/10.1017/eaa.2019.1.
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This article focuses on the development of preventive and commercial archaeology in Europe during the last thirty years by examining the case of Italy. This country has a mixed public-private system, where the law establishes that the State manages all archaeological activities, although archaeological services are provided mainly by private individuals or companies and funded by private developers. This framework leads to a mismatch between law and practice, which impedes the development of professional archaeology and the full implementation of the Valletta principles. The issue is examined from an historical perspective, from the 1970s to the present day, and is augmented by a brief analysis of the current trends in cultural heritage policy. The study concentrates on the regulatory elements of archaeological activities, since these legal matters are generally overlooked by scholars.
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Delfino, Massimiliano. "The ‘puzzle’ of workers’ mobility in Italy." European Labour Law Journal 11, no. 1 (January 22, 2020): 97–108. http://dx.doi.org/10.1177/2031952519900997.
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In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.
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Chikanayev, Shaimerden. "Public-Private Partnerships in Kazakhstan: Evolution of the Government Policy and Reality of PPP Deployment. Part I." Scientific works "Adilet", no. 4 (2020): 33–39. http://dx.doi.org/10.54649/2077-9860-2020-4-33-39.
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This article examines PPP development in Kazakhstan from 1991 to the time of writing. Article reviews evolution of the PPP legislation and approaches used to develop a PPP-enabling environment in order to draw lessons for the country’s future policy. This article describes evolution of the PPP concept in the country and provides analysis of gaps and deficiencies in the current PPP policy and legislation. The PPP definition and the scope of PPP activity has evolved significantly in the nation’s legislation and legal literature since 1991. Author distinguish the following five stages of the PPP development in Kazakhstan: Stage One—PPP legal framework for foreign investors only (1991-1993); Stage Two—Lack of PPP-specific legal framework and “pilot” projects (1994-2005); Stage Three—The formation of legal and institutional frameworks (2006-2015); Stage Four—Active PPP deployment: the focus being on quantity (2016-2018); Stage Five—Adjustments to the PPP framework: stricter requirements (2019- present). In this article, the author examines the first two stages from 1991 to 2005, paying attention to the actions of the government, Policy Goals at the Stage One and Stage Two, assessing the implications for further policy development of public-private partnerships in the state. The author concludes that at the end of the first stage, unlike the first law on concessions, all PPP-related laws thereafter have been applicable to both domestic and foreign investors, as the government realised the importance of treating all investors equally. Stage Two also showed that Kazakhstan needs more effective PPP policy instruments for the implementation of projects in the utilities sector
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Paoloni, Mauro, Paola Paoloni, and Rosa Lombardi. "The impact on the governance of the gender quotas legislation: the Italian case." Measuring Business Excellence 23, no. 3 (October 22, 2019): 317–34. http://dx.doi.org/10.1108/mbe-02-2019-0019.
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Purpose The purpose of this paper is to create a strong connection among the gender diversity literature in the stream of gender quotas in the international context and the main legislation on gender diversity – the Law 120/2011 “Golfo-Mosca” – in Italy requiring listed companies and companies under the public control to implement policies for increasing board diversity. Design/methodology/approach This paper adopts a structured literature review method to propose relevant issues on this topic applying an innovative analytical framework based on the “article focus.” Additionally, an interview to a CEO of an Italian Bank has been done. Findings In this step, results seem to underline the prominence of literature analyzing “woman in board of directors” promoting board diversity in the light of good governance. Additionally, this analysis is functional to the proposition of interesting insights from the Golfo-Mosca Law’s analysis in Italy emphasizing primary effects of its application during past seven years. Originality/value Findings of this paper are original, as it is the first time that a research connects results from the structured literature review on gender issues and the related Italian law to draft emerging and thrilling issues in the light of transparent and responsible corporate governance system.
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Kitsakis, Dimitrios, Eftychia Kalogianni, and Efi Dimopoulou. "Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches." Land 11, no. 1 (January 6, 2022): 88. http://dx.doi.org/10.3390/land11010088.
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Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.
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Raimov, R. I. "SYSTEM AND POWERS OF BODIES IMPLEMENTING ADMINISTRATIVE AND LEGAL REGULATION OF NATURAL MONOPOLIES." Legal horizons, no. 17 (2019): 83–88. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:83.
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The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.
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Guazzaloca, Giulia. "‘In the name of justice and compassion’: animal protection in Italy during the Liberal Age (1861-1914)." Modern Italy 22, no. 3 (August 2017): 261–74. http://dx.doi.org/10.1017/mit.2017.36.
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This essay reconstructs the emergence of a growing sensitivity towards animal welfare in Italy during the so-called ‘liberal’ years. An examination of the origins and activities of animal protection societies, the debate on use of animals for scientific experimentation, and the earliest provisions for animal protection, reveals a growing concern for animal welfare in Italy too during the course of the twentieth century. This was channelled by the liberal-bourgeois values of the time: public decency, moderation, and goodwill towards animals as well as humans were all seen as signs of ‘civilisation’ and ‘progress’. It was claimed that foreign influence, particularly British, was of vital importance in such developments in Italy, including both the thoughts of the anti-vivisectionists and the work and propaganda of the societies for animal protection. This essay also examines the 1913 Law, which was the first important Italian legislation governing animal welfare and protection.
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Siu Lam, Carlos, and Dulce Lopes. "Macao Gaming Concession System: Present and Future Direction." Journal of Gambling Business and Economics 13, no. 2 (December 11, 2020): 15–36. http://dx.doi.org/10.5750/jgbe.v13i2.1812.
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Macao gaming concession is about to expire in June 2022, and such issues as the number of concessions and contract period have attracted much attention. This article introduces the evolution of Macao gaming system with emphasis on its concession duration, legal limit on the number of concessions, asset disposal and tax rate. As a result of its gaming liberalization, Macao has developed into the world’s casino capital. The gaming situation in Macao and in the gaming jurisdictions nearby is different from what it was twenty years ago. Although the current law requires a new public tender for awarding concessions, the increased number of gaming jurisdictions to target Macao would entail adjustment in its public policies to keep its gaming industry competitive. Additionally, the evolution of the relevant public policies and their interactions with touristic, infrastructural, environmental and urban planning policies would likely lead to some changes in the core of the current Macao gaming legislation. The authors indicated that the emergence of subconcessions and satellite casinos, the fractioning of spaces and utilities by different entities regarding asset reversion to the government, and the relationship between concessionaires and junket operators are some major issues, which require an improved legal framework designed to react expeditiously and effectively to the fast-moving industry for a sustained and consistent upward regulatory trajectory. Following this, revising and improving the current concession model would be crucial, even though it implies changes to the core of the current Macao gaming legislation.
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Ghezzi, Agnese. "Filing the world: Archives as cultural heritage and the power of remembering." International Journal of Constitutional Law 19, no. 5 (December 1, 2021): 1738–55. http://dx.doi.org/10.1093/icon/moab138.
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Abstract This article analyzes the relationship of archives to law and history, taking a critical look at the complex interplay between preservation, memory, and forgetting. Going beyond the idea of the archive as fixed and immovable, the article considers the archive in its dynamism, its chronological evolution, and its changing relations to both the state and the private individual. The article draws on examples from both national legislation and international bodies to highlight different problems arising from crucial dichotomies. The case of Italy shows how the significance of archives oscillates between historical and administrative; the French case underlines the clash between state secrecy and public access; and English-speaking countries bring about a discussion on the contrasts between private and public property. Cases of national as well as international bodies provide examples of archives’ relationship to memory and oblivion, as well as of global and local management. The article considers how the establishment of dedicated institutions, guidelines, and constraints shapes the process of document preservation and access, enabling or frustrating the dissemination of historical awareness, administrative transparency, and human rights recognition.
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Cozzolino, Adriano. "Reconfiguring the state: executive powers, emergency legislation, and neoliberalization in Italy." Globalizations 16, no. 3 (August 2, 2018): 336–52. http://dx.doi.org/10.1080/14747731.2018.1502495.
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Sessa, Carmelina. "Coronavirus and Effects on the Rule of Law." IALS Student Law Review 8, no. 1 (March 3, 2021): 47–56. http://dx.doi.org/10.14296/islr.v8i1.5270.
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In the management of the Coronavirus Pandemic, law is called to play a synergistic role with the science to guarantee the public order and safety. In the European context Italy is to be examined, i.e. the first state in Europe to launch containment measures of the spread of the virus and to protect public health.
Through a comparative approach, the purpose here is to examine the assumptions and the impact of the emergency legislation on the Italian democratic system. Evaluating within what limits fundamental human rights and freedoms’ compression can be legitimated on a national and international basis in exceptional events allow to analyse the relative reflections on the rule of law. Finally, the discussion focuses on the compatibility of using mass surveillance technologies on the International and European regulatory framework where balancing techniques and the principle of proportionality represent the core in framing the regulatory activity. Despite undoubted short-term benefits, the concern is to safeguard both the protection of personal data and health, in the face of this 'invisible enemy', considering that the link between emergency regulation and prolonged compression of rights in technological innovation requires special attention.
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Carbonara, Sebastiano, and Davide Stefano. "An Operational Protocol for the Valorisation of Public Real Estate Assets in Italy." Sustainability 12, no. 2 (January 19, 2020): 732. http://dx.doi.org/10.3390/su12020732.
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The Italian Treasury Department reports that a quota of the country’s public real estate assets, with an estimated value of some 63 billion euros, consists of properties not directly utilised by the State Government and is therefore available for decommissioning alienation; in other words, for adaptive reuse. Numerous legislative initiatives dedicated to this issue over the past 30 years have produced very few comforting results. A plausible explanation for these shortcomings can be traced to the gap between established regulatory principles and the possibilities/capacities of local institutions to apply them. Put another way, legislation and indications, many of interest, have not been supported by adequate economic, structural, and organisational resources. The underlying question is, what is the structure of the decision-making process behind the sale or redevelopment of real estate assets? Beginning with these premises, this paper proposes an operational Business Process Modelling protocol that develops three different indexes—urban values index (Ivu), use index (Iut), and technical-maintenance index (Itm)—which may suggest three hypothetical scenarios of valorisation and three lines of action. A test of this model using a selection of public buildings owned by the City of Pescara showed it to be prognostic of some of the choices subsequently made by the municipal administration.
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IGNATOVA, Milena. "CRIMINAL LAW POLICY OF THE EU COUNTRIES IN THE FIELD OF COMBATING ENVIRONMENTAL CRIMES." Sociopolitical sciences 10, no. 6 (December 28, 2020): 42–48. http://dx.doi.org/10.33693/2223-0092-2020-10-6-42-48.
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The purpose of this article is to identify the main trends of development of criminal legal policy of EU countries in the field of combating crimes against the environment in the context of growing global environmental crisis and the development of consumer society the example of France, Germany, Spain and Italy, the features of statutory regulation of the characteristics of environmental crimes and prescribe the penalties in the legislation of the countries under consideration. The relevance of the problem under study is due to a significant degree of public danger of environmental crimes, their high latency, and therefore the fight against encroachments on the environment is recognized as one of the priority areas of the criminal policy of the EU countries. Criminal legislation plays a crucial role in the system of legal norms for countering environmental crimes. Conclusions. Despite the legal integration of EU countries in the field of environmental protection and the adoption of the Directive of the European Parliament and of the Council of 19.11.2008, which imposes obligations on member States to introduce certain elements of criminal acts into national legislation, the constitutional and criminal law norms of individual States do not differ in a uniform approach to environmental protection. However, the legislative regulations of the European Parliament have influenced the reform of criminal legislation in a number of countries in the direction of increasing responsibility for environmental crimes and introducing special chapters in the criminal codes that combine criminal acts that infringe on natural objects. The importance of the natural environment, flora and fauna as independent objects of criminal law protection is underestimated, so the severity of criminal repression depends on such a sign as causing harm to human health and life by environmental offenses.
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Santucci, Fabio Maria. "The Diversification of Agriculture in Italy: Agritourism and Organic Management." International Business & Economics Studies 3, no. 1 (January 14, 2021): p29. http://dx.doi.org/10.22158/ibes.v3n1p29.
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During the last 70 years, since the end of WW II, Italian agriculture has increased its productivity but, despite the national and European financial support to the primary sector, millions of farms have closed their operations, millions of hectares have been abandoned, and millions of farmers have emigrated to towns and abroad. Rural desertification has been aggravated by the closures of public offices and private businesses. Against this grim scenario, this paper illustrates, with the most recent available data, the evolution and growth of two sub-sectors, organic farming and agritourism. Both sub-sectors were initially contrasted and the first farmers adopting these strategies have encountered problems and obstacles, they were fined, and sometimes had to close their operations. In both cases, the pioneers resisted, organized themselves, and—thanks also to the support of consumers and some scientists, were able to lobby local, national, and European law makers for appropriate legislation. The first part of the article contains the data about the evolution and distribution of agritourism and organic farms, while the second part compares several aspects of the two sub-sectors.
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Korotkih, A. "LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES." Social Law, no. 2 (April 26, 2019): 52–57. http://dx.doi.org/10.37440/soclaw.2019.02.07.
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The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.
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Hrybachova, I. P., and Y. A. Shevtsov. "Weapons turnover in the civil law of Ukraine." Legal horizons, no. 23 (2020): 22–26. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p22.
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Now days Ukrainian legislation is at the stage of active reformation in order to modernize It and adapt it to European standards. The changes affected all branches of law, including civil law. Now, such changes are mainly related to issues of intellectual property, land ownership, legal personality of persons and a number of procedural issues. In many areas of society, there is a partial liberalization of processes, including, both from the state and from the population, there are more and more proposals for the introduction of things that were previously completely or partially restricted in circulation. That is why, against the background of large-scale reforms, the issue of legalizing weapons for the population has become quite resonant. The issue of weapons has always been of interest to Ukrainians. there have been numerous discussions in the media, public discussions in society and even in political circles. Proponents of gun liberalization say this will allow everyone to protect themselves, their families and their property. They also often refer to the success of legalization in the United States and European countries, such as Finland, Germany, Estonia, Italy, and others [14]. However, there are a large number of opponents of the legalization of weapons, who explain their position by saying that weapons are too dangerous to be owned by everyone. The article is devoted to the analysis current legislation which is regulate the law aspects of weapons, the necessity legalization of weapons, the research of related problems and ways of their solution. Therefore, it is very important to explore the prospect of legalizing weapons in order to understand how this is possible and really necessary in Ukraine today. In addition, it is very appropriate to investigate the legal aspect of civil arms trafficking, because for a long time, the legislation has not changed or been updated, so there is a real necessity to strengthen control over civilian weapon trafficking.
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Manzhul, I. "THE INSTITUTE OF CRIMINAL OFFENSES IN THE LEGISLATION OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 12 (October 2022): 195–200. http://dx.doi.org/10.36550/2522-9230-2022-12-195-200.
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The analysis of scientific works on the definition of crime and misdemeanor in the legislation of foreign countries (France, Germany, Switzerland, Austria, Italy, Portugal, Denmark, Poland, Republic of Moldova, Baltic countries, England, USA, Canada) was carried out. It was found that different criteria are used to distinguish between a crime and a misdemeanor in the criminal law of foreign countries: the main ones are: the material criterion (seriousness of the act) in France; a formal criterion (the amount of punishment) in Austria and Germany, in Germany this division is based on the minimum amount of punishment that can be imposed for their commission; formal sign (type of punishment) in Switzerland; form of guilt in Poland. It was concluded that scientists single out a criminal misdemeanor as a special type of criminal offense, which has a relatively low level of public safety, leads to a greater application of the principles of humanism and a regime of responsibility other than crimes. The issue of normative legal acts regulating criminal misdemeanors is considered. It is noted that the law of Switzerland, Italy, Greece, Spain and Portugal has a direct requirement to define misdemeanors in the laws. In other states, the composition of misdemeanors and penalties for them are established both in laws and by-laws. In the author's opinion, it is more expedient to regulate the various aspects of a criminal misdemeanor both by laws and by-laws; the latter detail and concretize the legislative prescriptions, without going beyond them at the same time. The debate on the expediency of adopting an independent (separate) normative act on criminal misdemeanor was considered. Attention is drawn to the argumentation of the advantages of the simplified proceedings of the institution of a criminal misdemeanor and its features, the grounds for its isolation in the criminal legislation. The proposals of specialists regarding the adoption of this practice in Ukraine and its further improvement were considered.
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Raetzke, Christian. "The licensing of new nuclear power plants in Europe." ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 2 (May 2009): 83–89. http://dx.doi.org/10.3280/efe2008-002006.
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- After an introduction dealing with the nuclear Renaissance in Europe and the specific situation of Germany and of Italy, the article focuses on the question of licensing processes for new reactors. New nuclear power plant projects involve a substantial investment and electric utilities will only take this decision if the licensing and regulatory risk can be adequately managed. Licensing processes should be predictable and efficient in order to give sufficient assurance to applicants. The article discusses "best practice in licensing" by giving some examples of suitable licensing processes of other countries. It also highlights international initiatives aimed at harmonizing safety requirements for new reactors and a multinational cooperation in reactor design review. These issues should be carefully considered by any country wanting to get new nuclear started.JEL classification: L52, L50, L78, L71, L94Key words: Nuclear, licensing, public policy
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Montanari Vergallo, Gianluca, Natale Mario di Luca, and Simona Zaami. "Childhood Immunisation: Mandate or Persuasion? Italian Lawmakers Have Opted for the Former, What about European Legislators?" European Journal of Health Law 25, no. 5 (November 15, 2018): 573–86. http://dx.doi.org/10.1163/15718093-12255398.
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AbstractOver the past decades, the number of effective and safe child vaccines available has increased. Yet, more and more parents have become concerned about vaccine safety. The authors address the following question: are vaccinations, especially in children, to be considered as mandatory treatment or should parents be entitled to choose whether to have their children vaccinated or not? In Europe, eleven countries have instituted mandates, whereas others have opted for mere recommendations and rely on information campaigns. Italy is one of those which have recently enacted legislation designed to broaden the scope of mandatory vaccinations. The paper’s authors argue that it is certainly hard to draw the line between individual and collective rights, yet it is incumbent upon state authorities to foster the common interest and the public good, which gives governments a right and an obligation to promote immunisation, at least until the safety threshold is reached.
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Montanari Vergallo, Gianluca. "The transforming family: Heterologous fertilization and the new expressions of family relationships in Italian jurisprudence and European Court of Human Rights rulings." Medical Law International 19, no. 4 (December 2019): 282–97. http://dx.doi.org/10.1177/0968533220909412.
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The rise of Medically Assisted Procreation has led to the issue of how to determine who is entitled to parental status and custody rights. In this article, the author comments upon the rationale and legal principles that Italian Courts have applied in order to solve those problems, given the absence of a targeted piece of legislation. The principle of the child’s best interests, the ‘public order’ clause and various rulings from the European Court of Human Rights constitute the foundations on which legal trends have developed, allowing same-sex couples to become parents through ‘stepchild adoption’ or the legal registration of children born through heterologous fertilization practices abroad. Italy has therefore repositioned itself a step closer to the middle ground with respect to the overall European scenario: Italy’s law now acknowledges motherhood for intended mothers, although it continues to stop short of recognizing same-sex marriage.
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Koverznev, Vadym. "Actual problems of economic activity of communal commercial enterprises in Ukraine." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 89–96. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-8.
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In the article are accented attention on that the modern state of economy of Ukraine is in the crisis state.. In these conditions, there is an urgent need to save budget funds spent on ensuring the activities of public authorities and local governments, and the implementation of their powers. This problem is partially solved by the legislation on public procurement, which should serve as a means of economic growth in Ukraine. In the foreign member states of the World Trade Organization Agreement, the participant of which Ukraine is, public procurement is used primarily to develop innovation and improve the quality of life; the most popular means of innovation in the European Union, which is not yet on the market, are pre-commercial procurement, which is carried out in order to research and develop new innovative solutions. Unfortunately, in Ukraine such projects does not develop and public purchases are used exceptionally with the aim of budgetary cost effectiveness, during realization of purchases for satisfaction of current necessities of public and organs of local self-government authorities, that not in a complete measure answers their setting. An analysis of the current legislation of Ukraine on public procurement provides grounds for the conclusion that it applies to all utilities without exception, including those created for commercial activities and profit in the interests of the local community. However, proving the fact, that the economic activity of enterprise has exclusively commercial in nature and is not carried out at the expense of the budget, releases the municipal commercial enterprise from the obligation to comply with the public procurement procedure established by the Law of Ukraine “On Public Procurement” services. The need for public procurement has a negative impact on the economic performance of utility companies, as in many cases it forces them to purchase cheap goods and services that do not meet the company’s requirements for functionality or quality. Suchsituation reduces the interest in development of communal commercial enterprises and encourages owners to liquidate them, which creates the preconditions for the emergence of corrupt schemes to withdraw funds from local budgets. With the aim of conditioning for effective realization by the business communal enterprises of economic activity in interests of local communities, the leadingout of these enterprises offers the author of the article from under the action of legislation of Ukraine about public purchases. Key words: purchases for budgetary funds, public procurements, communal commercial enterprises.
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Reis, Fátima de Carvalho Madeira, Débora Cynamon Kligerman, Simone Cynamon Cohen, and Joseli Maria da Rocha Nogueira. "Social effectiveness and private sanitation concessions: the CEDAE auction in Rio de Janeiro, Brazil." Ciência & Saúde Coletiva 28, no. 2 (February 2023): 547–59. http://dx.doi.org/10.1590/1413-81232023282.08982022en.
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Abstract Changes in the regulatory and legal framework for Brazil’s water and sanitation sector (Law 14,026, July 15, 2020) require competitive bidding for service contracts, even in cases where the provision of services was previously delegated to state-owned utilities under program contracts. The aim of this study was to identify the actors who benefited from these changes to the legislation and assess the social effectiveness of the privatization of water supply and sewerage services in the state of Rio de Janeiro by investigating the auction of services provided by the public utility CEDAE in four blocks comprising 35 municipalities in April 2021. We conducted an exploratory analysis of secondary data and used the systemic integration method to identify the main actors involved in the concession process and the role they played. It is concluded that federal, state, and municipal governments, the Brazilian Development Bank, and the concessionaires have gained from the concessions, while the percentage of low-income populations connected to the sewage collection or drainage network is lower and tariffs are higher in municipalities served by the private sector when compared to the municipalities encompassed by the auction.
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Busardò, Francesco Paolo, Stefania Bello, Matteo Gulino, Simona Zaami, and Paola Frati. "Advance Health Care Directives and “Public Guardian”: The Italian Supreme Court Requests the Status of Current and Not Future Inability." BioMed Research International 2014 (2014): 1–4. http://dx.doi.org/10.1155/2014/576391.
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Advance health care decisions animate an intense debate in several European countries, which started more than 20 years ago in the USA and led to the adoption of different rules, based on the diverse legal, sociocultural and philosophical traditions of each society. In Italy, the controversial issue of advance directives and end of life’s rights, in the absence of a clear and comprehensive legislation, has been over time a subject of interest of the Supreme Court. Since 2004 a law introduced the “Public Guardian,” aiming to provide an instrument of assistance to the person lacking in autonomy because of an illness or incapacity. Recently, this critical issue has once again been brought to the interest of the Supreme Court, which passed a judgment trying to clarify the legislative application of the appointment of the Guardian in the field of advance directives.
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de Gioia-Carabellese, Pierre, and Gaetano Zilio Grandi. "The Dismissal by Way of Redundancy in the United Kingdom as a Possible Legal Concept to Be Transplanted in Italy?: A Meditation on the Odyssey of an Impossible Dismissal (the Economic Dism." European Business Law Review 24, Issue 6 (December 1, 2013): 849–71. http://dx.doi.org/10.54648/eulr2013040.
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The dismissal by way of redundancy in Britain is analysed in this contribution with regard to both its legislative pillars and the most recent judicial stances. However, the discussion goes beyond the mere revision of secondary sources, as the Authors propose to contrast the British jurisprudence with the Italian one, a jurisdiction that has just recently ushered into its legislative body, under the pressure of the European Union and against the backdrop of an increasingly deteriorated economic scenario, an up-dated, albeit partly flawed, form of redundancy (the redundancy for economic reasons or giustificato motivo oggettivo). The results of the discussion (a pure comparative analysis in law, within the area of the employment law) are quintessentially groundbreaking, as a theory is corroborated that the British legislation in the matter of the redundancy should be used as a decidedly apt yardstick to which its Italian counterpart should work towards, particularly in respect of the possibility (rectius the necessity) to extend this legislative tool, just recently made tenuously applicable to private sector workers, to the public arena also.
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Filipenko, A. S. "Experience in organizing the activities of law enforcement agencies in European countries." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 208–13. http://dx.doi.org/10.24144/2788-6018.2021.04.36.
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The article considers foreign experience in organizing the activities of law enforcement agencies. It is determined that the field of law enforcement is constantly in a state of dynamic transformation and improvement, which to some extent reflects the direction of national legislation and policies.
It is also noted that according to modern requirements, maintaining the rule of law is one of the most important tasks of the state, so in organizing the work of law enforcement agencies, the implementation of international experience is one of the most important tasks of the rule of law. One of the current trends in the development of the legal system is its openness, which determines the possibility of using advanced foreign concepts to implement universally recognized international principles, norms and standards of human and civil rights and freedoms.It is emphasized that the following facts should be taken into account: historical traditions of legislation and law enforcement, features of socio-economic and cultural development of countries, general cultural and legal consciousness of the population, degree of interaction with government and civil society, features of national police, logistics. providing police and other important factors. International law enforcement standards have an important role to play in policing.It was found that abroad, as in Ukraine, law enforcement reform is part of administrative reform, and the direction of its implementation often depends on the overall objectives of public administration reform. The purpose of most reforms in foreign countries is to: increase the efficiency of national systems; transforming the country into a responsible employer capable of attracting a sufficient number of workers with the necessary qualifications, controlling the cost of their maintenance; increasing the confidence of the private sector and citizens in public institutions.Three models of internal security in European countries are considered: centralized or continental model (Norway, Denmark, Finland, Ireland, Sweden, Spain, Portugal, Italy, France, Belgium, Holland, Luxembourg), decentralized model (Czech Republic, Bulgaria, Romania, Combino) (integrated) model (UK, Germany, Netherlands).
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Bakaev, Shakhriyor. "SCIENTIFIC AND THEORETICAL ANALYSIS CONCEPT AND ESSENCE OF ADMINISTRATIVE PROCEEDINGS." Jurisprudence 1, no. 4 (December 14, 2021): 76–82. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./isvl4140.
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This article provides a scientific and theoretical analysis of the concept and essence of administrative proceedings on the basis of the history of the emergence of this legal institution and the views of legal scholars in this direction. In particular, it points out that the concept of administrative proceedings was first used in the legislation of France, and then in the legislation of Germany, Switzerland, Italy and the United States of America. It also mentions the fact that administrative proceedings are understood by legal scholars in three different contexts. While one group of scientists understood administrative proceedings as a way of making a person responsible for administrative offenses by court, other scientists considered administrative proceedings as the resolution of disputes arising from public law relations by court, that is, consideration and resolution of complaints from citizens and legal persons on decisions of state bodies and actions (inaction) of officials. The third group of scholars under administrative proceedings differenciated two types of activities of the court, namely the resolution disputes arising from public-legal relations by court and its participation in proceedings on cases of administrative offenses. On the basis of the analysis the author suggests the definition of the concept of administrative proceedings.
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O.V., Yermak, and Suprun H.H. "Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries." Scientific Herald of Sivershchyna. Series: Law 2020, no. 3 (December 18, 2020): 79–88. http://dx.doi.org/10.32755/sjlaw.2020.03.079.
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Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.
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Corradi, Marco Claudio. "Notes on Competition and Justum Pretium Theory and Practice in Medieval Italy." Antitrust Bulletin 63, no. 3 (June 19, 2018): 330–49. http://dx.doi.org/10.1177/0003603x18780558.
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Medieval Italian Comuni are often considered as one of the cradles of the modern capitalist spirit. Comuni introduced economic legislation in an attempt to counteract restrictions to competition on the one hand and to control the price of certain goods and services on the other. Price control of basic commodities was often motivated by reasons of public order – such as preventing commoners’ riots. Despite some loose analogies with the modern European Union competition law approach to pricing – namely in the area of excessive pricing – the Italian medieval Comuni pricing theory and practice substantially differed from the modern European Union one. Medieval theory struggled in reconciling market mechanisms with costs analysis and missed the distinction between efficiency and distribution. Moreover, medieval Comuni market variables were substantially divergent from the modern European ones. Despite Comuni being the wealthiest areas in Europe in those days, their consumers had significantly lower buying power, they were affected by different cognitive biases than modern consumers and they were highly segmented from a gender perspective. Medieval producers, that is artisans, did not enjoy the degree of market power that characterizes modern oligopolists. Artisans produced goods for merchants who were the main promoters of trade and economic development. Merchants often succeeded in squeezing artisans’ profits, granting consumers lower prices for manufactured goods, at times also thanks to free trade policies pursued by Comuni administrations.
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Romano, Bernardino, Francesco Zullo, Lorena Fiorini, and Alessandro Marucci. "Molecular No Smart-Planning in Italy: 8000 Municipalities in Action throughout the Country." Sustainability 11, no. 22 (November 17, 2019): 6467. http://dx.doi.org/10.3390/su11226467.
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This paper discusses the topic of urban and spatial planning in Italy where decision-making is left almost exclusively to the innumerable, small municipalities present in the country and totaling almost 8000 in number. Projects and actions to transform built areas, infrastructure, and welfare services of all sorts and purposes in a national territory of over 300,000 km2 are supervised by countless mayors, municipal councils, and boards that govern plots of land corresponding to polygons of a few kilometers per side. This is generally achieved by means of town plans developed outside of any general rule or protocol, the contents of which are often ignored as a result of national legislation that weakens them and sometimes makes them uninfluential essentially. This is a European example of urban planning mismanagement that deserves to be brought to the broader attention of the European technical and scientific community, also because the debate developed so far on this topic—even by eminent and authoritative urban planners—has been published almost entirely in Italian only. Public and political attention towards this issue is extremely limited, although the severe effects of “molecular planning” are beginning to be perceived: unjustified overurbanization and highly patchy, energy-intensive, urban patterns that are destructive for ecosystems and at odds with public interests regarding environmental and urban quality. In this paper, we make some comparisons with other European countries and outline some directions—certainly very difficult to follow—to reconsider and recover from the adverse effects produced to date.
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Romano, Bernardino, Francesco Zullo, Lorena Fiorini, and Cristina Montaldi. "Micromunicipality (MM) and Inner Areas in Italy: A Challenge for National Land Policy." Sustainability 14, no. 22 (November 16, 2022): 15169. http://dx.doi.org/10.3390/su142215169.
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The following paper examines urban and territorial planning in Italy, where decision-making is entrusted almost exclusively to the almost 8000 small municipalities present in the country. Plans for and the transformation of built-up areas, infrastructure and social services of all types, and serving all purposes in a national territory of more than 300,000 square kilometers, are controlled by a multitude of Mayors, Boards and Municipal Councils that govern plots of land consisting of polygons of a few kilometers per side. This is generally achieved using urban planning tools developed without any general rule or protocol. Often, most of their content is even ignored as a result of national legislation that weakens them, making them largely irrelevant. This is a European example of urban mismanagement that should be brought to the wider attention of the European technical–scientific community because the debate developed so far on this topic—even by eminent and authoritative urban planners—has been almost entirely published in Italian only. Public and political attention around the issue is still extremely limited, although the serious effects of this “molecular planning” are beginning to be perceived: unjustified overurbanization and very disorganized, extremely energy-intensive and ecosystemically destructive urban layouts that are completely at odds with the public interests of environmental and urban quality. In the following paper, we make some comparisons with other European countries and outline some possible directions—certainly very difficult to follow—to rethink and remedy these negative effects.
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Frati, Paola, Raffaele La Russa, Nicola Di Fazio, Zoe Del Fante, Giuseppe Delogu, and Vittorio Fineschi. "Compulsory Vaccination for Healthcare Workers in Italy for the Prevention of SARS-CoV-2 Infection." Vaccines 9, no. 9 (August 29, 2021): 966. http://dx.doi.org/10.3390/vaccines9090966.
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The European Convention on Human Rights (ECHR) judgement no. 116(2021) of 8 April 2021 establishes the principle of mandatory vaccination, indicating the criteria that national legislation must comply with, following the principle of non-interference in the private life of the individual. Vaccination for the prevention of SARS-CoV-2 infection appears to be an essential requirement for providing healthcare assistance. The European experience with compulsory vaccinations, offers a composite panorama, as the strategy of some European countries is to make vaccinations compulsory, including financial penalties for non-compliance. As in other countries, there is a clear need for Italy to impose compulsory vaccination for healthcare workers, in response to a pressing social need to protect individual and public health, and above all as a defense for vulnerable subjects or patients, for whom health workers have a specific position of guarantee and trust. The Italian Republic provided for mandatory vaccinations for health professionals by Decree-Law of 1 April 2021 no. 44, to guarantee public health and adequate safety conditions. As stated by ECHR, the Italian State, despite having initially opted for recommendation as regards to SARS-CoV-2 vaccination, had to adopt the mandatory system to achieve the highest possible degree of vaccination coverage among health professionals to guarantee the safety of treatments and protection of patients’ health. We present the Italian situation on vaccine hesitation in healthcare workers, with updated epidemiological data as well as the doctrinaire, social, and political debate that is raging in Italy and Europe.
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Cavallet, Luiz Ermindo, Maurizio Canavari, and Paulo Fortes Neto. "Participatory guarantee system, equivalence and quality control in a comparative study on organic certifications systems in Europe and Brazil." Ambiente e Agua - An Interdisciplinary Journal of Applied Science 13, no. 4 (July 30, 2018): 1. http://dx.doi.org/10.4136/ambi-agua.2213.
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Although organic agriculture in Brazil targets mainly local consumers, there is growing demand for research related to commercializing this sector abroad. A study was done in Europe on the perception of entities related to this theme, specifically on Participatory Guarantee Systems (PGS), the feasibility of equivalence between the countries, and control procedures. An exploratory study was conducted through interviews with five organic certification bodies, two in Switzerland, three in Italy, and with a producer association in Italy. PGS is little known in Europe in general and it is suggested that it be better disseminated in the member countries. PGS has been evaluated positively for reducing certification costs and promoting benefits from a social aspect, but it can fail in organic compliance and in large scale production. There are significant differences that must be overcome in order to establish equivalence, such as the lack of homogeneity among European countries on control procedures, the existence of PGS in Brazilian legislation, lack of wild crop products in Europe, different conversion periods, and the requirement of a higher number of inspections in Brazil. Equivalence is seen as beneficial to both Europe and Brazil, and it would therefore be appropriate to promote its viability. The Brazilian law on organic agriculture is taken as very restrictive and complex.
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Shtefan, Olena. "Judicial protection of trademarks in Italy." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 67–78. http://dx.doi.org/10.33731/42022.265864.
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Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting
The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.
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Allotti, Valentina, and Federico Raffaele. "Corporate Arbitration and Listed Companies: A Nice Couple in Capital Markets? The Case of Italy and a European Perspective." European Company Law 19, Issue 6 (December 1, 2022): 160–66. http://dx.doi.org/10.54648/eucl2022026.
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Recent amendments to the Italian Law of Civil Procedure (‘ICCP’) have not removed the existing ban on intra-corporate dispute (‘ICD’) arbitration for Italian listed companies. As we believe that ICD arbitration can provide redress to shareholders and improve management accountability, we criticize this approach and develop a ‘model’ for ICD arbitration that brings together (1) the corporate governance perspective, for a proper balance between the flexibility of the adoption of the arbitration clause and the protection of minority shareholders; (2) the capital markets perspective, for the disclosure to the public of relevant information in order to protect investors and build trust; and (3) the arbitration perspective, for the adoption of specific rules (a) to allow the participation of a potential great number of parties to the procedure, (b) to ensure the appointment of qualified and independent arbitrators in a typical multi-party dispute, and (c) to ensure that arbitrators may adopt conservatory and interim measures. Finally, we suggest that it might be beneficial to promote such model also at the EU level, as such benefit would be, at least, two-fold, both in terms of harmonization (or, better, level playing field) of the corporate law enforcement mechanisms and of serving the purposes to which recent EU corporate legislation seems to be leading. Corporate Arbitration, Listed Companies, Intra-Corporate Disputes
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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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Petrovic, Milan. "Regions (forms of territorial autonomy) in the theory of law and law history." Zbornik Matice srpske za drustvene nauke, no. 112-113 (2002): 97–126. http://dx.doi.org/10.2298/zmsdn0213097p.
Full textAbstract:
This discussion has two main parts: theoretical and empirical. The task of the first part is to determine the notion of the region as such (the problem not sufficiently cleared up so far). Namely, it is necessary to delimit the region both from the notion of local self-administration and from the notion of state. The region differs from local self-administration in possessing a qualitatively higher degree of authority, authority for the original regulation of legal relations, legislation in the material sense. The region differs from the state in the fact that the authority of the subject with statal (constitutional) authority in principle has above it only the social legal norm as the content of the joint (collective) legal act of a stronger part of the nation in a state. On the contrary, the region has to be subjugated to the constitutional authority of the state in whose borders it is located. There are two basic types of regions: the region as a state fragment and region as a public service. The former is similar to the state, because it has its own state organs (organs with their own authority of coercion), while the latter does not have such organs. Furthermore, regions could be comprehensively divided into non-incorporated autonomous territories, separate original parts of a state and the regions included into the regional state. This discussion accepts as politically most, relevant the division of regions into the regions within monarchies and the regions within republics. (Due to the spatial limitations the third category, regions under the regime of international law, could not have been included into the discussion). Naturally, this discussion could not have been comprehensive when it comes to regions, so it discussed only the most interesting examples. Thus as examples of the regions in monarchies, it presented dominions within the British Empire and Finland within the Russian Empire, and of the regions in republics, the regions in Italy.
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Shulakov, A. A. "RUSSIAN FEDERATION PUBLIC POLICY INTERESTS AND INTERNATIONAL ADOPTION." Lex Russica, no. 11 (November 22, 2019): 56–69. http://dx.doi.org/10.17803/1729-5920.2019.156.11.056-069.
Full textAbstract:
The article is devoted to the protection of the Russian Federation public policy interests in the field of intercountry adoption. It is established that strengthening of such protection entails changes in the legislation. Such changes are connected either with the super-mandatory character of already existing statutory mandatory substantive rules or with the emergence of new super-mandatory rules. In the field of intercountry adoption in Russia, this process is particularly striking. The study highlights that the general equation contained in Art. 1192 “Rules of direct application” of the Civil Code of the Russian Federation establishes two ways that allow by analogy to determine the super-mandatory nature of certain mandatory substantive rules stated in the Family Code of the Russian Federation: “by reference in the mandatory rules themselves” (the over-mandatory character of the rule is expressly determined by the legislator) or “because of their particular importance also for the protection of rights and legally protected interests” (the over-mandatory character of the rule is determined by the executor of law). It is concluded that the emergence of constitutionally significant values/public interests in the content of the mandatory substantive rule (“protection of morals, health, rights and legitimate interests of other family members and other citizens”, etc.) forms a criterion that allows the executor of the law to determine such rules as rules of over-mandatory character. Based on the analysis of international treaties of the Russian Federation on interstate cooperation in the field of adoption of children, the article defines the fundamental principles that make up the structure of intercountry adoption in the Russian Federation. It is established that the additional conditions and requirements of the state of child’s origin are included in the regulation of intercountry adoption (provisions of articles 165, 124-133 of the Family Code of the Russian Federation; provisions of bilateral treaties between Russia and European countries where more than 85% of Russian children are adopted (France, Italy, Spain)) to protect the interests of the RF public policy.