Search results for " private law"
showing 10 items of 24 documents
Legal questions on financial market abuse
2015
Purpose – The purpose of this study is to underline the impact that globalization of financial markets has on national punishment policies. The US financial crisis has strongly affected consumers’ lives, but the focus of this research is on the national provisions against the illegal and unfair behaviour of economic actors, with special regard to a phenomenon that took place abroad, but whose effects came to light in many different countries. Design/methodology/approach – Different methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insights on national Court decisions and scholar writings. Findings – As Eu…
Le siège de l'arbitrage international
2021
In international matters, the arbitral tribunal has no choice but to settle in the territory of a State in order to render its award. The choice of this "host State" would then determine the seat of international arbitration. But what choice do we make? How? By whom ? What to do in case of uncertainty of this choice? What effects will this determination then have in creating the tribunal, in rendering and enforcing its award, or in choosing the applicable laws? There is no single answer to these simple questions. Indeed, international arbitration law attaches varying importance to the notion of seat, in the sense that it will depend primarily on one's vision of the place and source of arbit…
The path to privatization of EU antitrust enforcement: a critical estimate
2011
Regulating (and Self-regulating) the Sharing Economy in Europe: An Overview
2018
The article describes the main legal challenges for regulating the sharing (or collaborative) economy in Europe and explains how the existing body of EU law applies to these new business models. In the last part, it makes a few brief comments on the need for future regulation.
LA DIR. 2020/1828/UE SULLE AZIONI RAPPRESENTATIVE E IL “SISTEMA DELLE PROVE”. LA PROMOZIONE DELL’INTERESSE PUBBLICO ATTRAVERSO LA TUTELA DEGLI INTERE…
2022
The EU Directive 2020/1828 is the arrival point of a troubled harmo-nization process on collective techniques for consumers’ protection, no longer limited to injunctive measures but also extended to redress ones. The essay focuses on the two provisions dedicated, respec-tively, to the binding effects of jurisdictional/ administrative decisions as well as to the exhibition orders. The Author stresses how, through those legislative measures and despite the uncertainties still related to the ongoing implementation process, a European Regulatory Pri-vate Law enforcement is being shaped more and more oriented to the consistency between its “private” and “public”dimension.
Searching for a common core of family law in Europe
2018
In this Article the Author, a member of the group of European investigators involved in the searching process for a Common Core of Family Law in Europe, does not want to present the results of the project, that will be published in a forthcoming volume, but, instead, seeks to distinguish the FLCCP (Family Law Common Core Project) from similar research experiences, such as the CEFL (Commission of European Family Law) one. In order to highlight these differences, in the first part (paragraphs 1,2,3) the paper describes the goals of the Common Core Project and the methodology it employs, making references to the Cornell’s Studies, the Schlesinger’s factual approach and the Sacco’s formants the…
Cultural Heritage as a Legal Hybrid. Between Public and Private Law
2022
Presents the legal concept of cultural heritage in the context of international public and private law Adopts a broad perspective on cultural heritage while presenting current challenges and emerging trends Provides recent legal challenges in the area of cultural heritage that have to be considered by policymakers
“Sicherungsverwahrung” (preventive detention) in Germany under the scrutiny of the ECHR
2020
The societal challenge how to deal with offenders deemed habitually dangerous, requires to balance needs for security of the general public with the human rights of the potential extreme dangerous offender. The prediction of future heavy crimes can never be precise. Hence, all measures infringing the rights of individuals deemed dangerous are very problematic from a human rights perspective. Germany uses “Sicherungsverwahrung” (preventive detention) to handle this challenge. The concept basically meant that after their prison-sentence, offenders deemed dangerous were kept in prison like conditions until they were not deemed dangerous anymore. The European Court of Human Rights (ECtHR) inter…
Mass phone surveillance programs – security vs. civil liberties?
2017
Following September 11 attacks, America has increased its intelligence and defense capabilities. In particular, a historic law named USA Patriot Act was passed by Bush administration together with President’s Surveillance Program. Though the emotional trauma and immediate strategic need to defend the homeland is understandable as it is commendable that the law was passed relatively quick, the Constitution of the United States is what makes this nation so developed and great. This inquiry will take a deep look into the law in relation to unwarranted surveillance over phone activities of the people and assess its constitutionality. To support the assessment, the development of the relevant la…
DIRITTO ROMANO E DIRITTO CIVILE: LE RAGIONI DI UNA RINNOVATA RIFLESSIONE STORICA SUI MODELLI TEORICI E METODOLOGICI. A PROPOSITO DEL VOLUME DI GUIDO …
2021
The article investigates the relationship between Roman law, legal Tradition and modern civil law. The focus is mainly on theoretical and methodological models in the history of private law. In evaluating the history of the institutions, categories and concepts of civil law, the awareness is renewed that modern Codes are profoundly linked to ancient Tradition, and at the same time, represent the instrument of transmission of the same to subsequent eras. At the same time, it should be considered that even today's legal interpretation is deeply linked to Tradition, in content but above all in method. In this sense, it is then evident that carrying out an interpretation of private law in confo…