Brevi note comparatistiche in tema di suicidio assistito
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
La morte medicalmente assistita tra regolamentazioni nazionali europee e prospettive legislative italiane
The essay focuses on the different legislative rules which allow seriously ill patients to legally receive euthanasia or assisted suicide in Europe to examine the Italian legislation currently being approved on the same matter from a comparative legal perspective. The research about such an ethical theme involving several fundamental principles, like human dignity, life and solidarity, analyses the approaches of the Belgian, Dutch, Luxembourg and Spanish legal systems. The study will shed light on the essentiality of some preventive safeguards to support patients��� autonomy in consenting or refusing an end-of-life treatment, in line with the Italian Constitutional Court suggestions.
Il consenso informato ai trattamenti sanitari sui minori e decisioni di fine vita. Riflessioni comparatistiche
The essay deals with the informed consent to allow or to refuse medical treatment for pediatric patients, in a comparative law perspective. The first part focuses on the principle of personal autonomy and the rights to health and to life for patiens who lack capacity, as enshrined in Italian legislation. In determining care and treatment in relation to their child, parents have to take into account the physical and mental well-being, life and dignity of the person, as fully as possible (art. 3, L. 219/2017). The second part of the paper investigates the consequences of parents' refusal to interrupt or continue life-sustaining treatment in relation to infants suffering from serious and incur…
Ethics in Legal Research
The essay grapples with one of the most controversial issues about legal research, namely its complex ethical and methodological dimension—here argued to be comparative—assessing the high scientific value of studying law. After clarifying what differentiates such a field of research from other natural and social studies, the authors address the presence of secondary interests and the need to use personal data for scientific purposes, as relevant situations which could undermine the reliability of any legal research or allow its thoroughness at the risk of interfering with human rights. The adherence to a rigorous and effective method in investigating national and foreign law, and the compli…
Il fine vita e il legislatore pensante: I minori e la volontà di farla finita
The essay explores the possibility that, in the future, Italian law might consider children and adolescents as subjects eligible to controversial practices such as euthanasia or assisted suicide, widening the limits drawn by the Constitutional Court in the sentence n. 242/2019. The national and European legal frameworks allow estimating, under a comparative perspective, the low probability that such legislation will be enacted in Italy
La ragionevole durata del processo tra aspirazione alla celerità ed esigenza di ponderazione. Un confronto tra le esperienze europee di Civil Law e Common Law
Obsolescenza precoce e garanzia di durabilità nella vendita di beni di consumo: note comparatistiche
The essay analyses the legal guarantee of contracts for the sale of consumer goods under Directive (EU) 2019/771, which has expressly introduced durability as an objective requirement for conformity to achieve more sustainable consumption patterns and a circular economy in an increasingly digital-driven market. Such regulatory innovation, however, does not lengthen products' lifespans nor raise consumer protection against premature obsolescence. In anticipation of the revision of the directive by the first half of 2024, the Author underlines the main weaknesses of the legal guarantee of durability and, assisted by the use of a comparative method, suggests that only a pre-contractual informa…
La tutela della salubrità dell'aria e della persona in civil Law e in common Law
The essay deals with safeguarding the right to a healthy environment in the Italian and English systems, especially for the individuals affected by emissions that corrupt the air quality interfering with their private and family life. The study focuses on the injunction, as a non-compensatory remedy, actionable before the English courts by claimants seeking the decontamination of the polluted areas. The insight into the foreign environmental law will provide a new perspective on the Italian one that (as the European Court of Human Rights stated in the Cordella case) does not secure everyone an effective remedy to the violation of their environmental human right.