0000000000220109
AUTHOR
Agrifoglio Giangabriele
showing 3 related works from this author
Disabili e sport. Dalla terapia alla ricerca della felicità.
2020
The consideration that in postmodern society has assumed the sport practiced by so-called people disabled has clearly changed compared to what it was just seventy-five years ago, when for the first time the neurosurgeon Ludwig Guttman opened in 1944 in Stoke Mandeville one of the first European centers for the care and rehabilitation of subjects suffering from spinal injury. Currently we are witnessing a transition from the practice of physical activity for rehabilitation purposes to that of sports activity aimed at achieving performance even by people once viewed by law only as subjects "totally or partially unable".
Autonomia ordinamentale e pluralismo giuridico: il divieto ne bis in idem tra Engel criteria e principio di proporzionalità.
2019
The paper aims to analyze the evolution of the “ne bis in idem” prohibition in the European Union law, with a rereading in a "substantial" key, based on the so called “Engel criteria”, from recent european and national jurisprudence. More precisely, according to this interpretative orientation, this prohibition could be violated regardless of the "criminal" qualification attributed to penalties or judicial procedures aimed at punishing the same fact several times. On the basis of these considerations, it will be asked if this prohibition can operate today where competitions are sanctions or proceedings originating from different legal systems. In particular the possible violations of “ne bi…
Professionals and consumer in the liquid society: From status to states, or from Diocletian to Bauman
2020
The essay critically analyses the consolidated orientation of the Court of Cassation according to which the consumer legislation is not applicable to professionals who make a contract for the purchase of goods and services that they will use to work. For example, lawyers do not only stipulate mandates or make consultancy contracts with their clients, but also make all the contracts that are necessary or useful for the fulfillment of their professional practice; these acts may include the purchase of legal texts and professional indemnity insurance, or the supply of cleaning, electricity, gas and telephone services for their legal firms.