Search results for " court"
showing 10 items of 292 documents
La responsabilità dirigenziale al cospetto del giudice ordinario
2021
This paper makes a case for the “contractual-publicist” nature of the managers’ liability regime, although this matter lies within the scope of civil courts’ jurisdiction. Even though the law assigns civil courts the role in deciding disputes regarding potential infringement of public managers claims, these should be considered legitimate expectations (public law) and not rights (civil law). Except for the recovery of the executive jurisdiction of the administrative court, if the administration refuses to fulfil the civil judgment and the public manager spontaneously appeals for compliance, rather than (or together with) the civil one of forced execution.
Normativa urbanistica e contratto preliminare
2015
The following article addresses the critical and controversial question concerning the invalidity of the transfer of immovable property not complying with urban planning regulation and the implication of this invalidity in the specific context of the preliminary contract. The paper comments an innovative and recent ruling of the Italian Supreme Court that proposes a crucial change in comparison with the previous decisions made in this matter. The most relevant aspect of the new Supreme Court's guideline, which makes this judgment a leading case, concerns the extension to preliminary contracts of nullity deriving from the conflict with urban planning regulations. This is an important revirem…
The Ivorian Constitutional Council and the supremacy of the Constitution. : study in light of his decisions and opinions
2018
Ivorian constitutional justice, in its current form, is the fruit of the democratization movement launched on the continent from the 1990s. But if elsewhere the exercise of constitutional review immediately became an essential instrument in the effectiveness of the Constitution and the advent of the rule of law, in Côte d'Ivoire, the guarantee of the the Constitution’s supremacy has evolved continuously at an oscillatory rhythm. The constitutionality check is first expressed through a strategy of small steps. The constitutional judge's choice of a narrow interpretation of his attributions produces a daring case law geared towards legitimizing the executive power and its governance. Subseque…
Human Rights in Romanian Courts: A European Perspective?
2016
The perception and application of the European Convention on Human Rights by various national jurisdictions depends fundamentally on the way in which the Convention has been introduced into national law, as well as, in some countries, by how constitutional jurisdictions shaped this relationship. The article examines the reception of the Convention by a few European states, with a special regard on the case of Romania. Romanian courts, including the Constitutional Court and the supreme court, had a hesitant approach of the principle established by 1991 Constitution of the priority of international law of human rights over domestic law. In the context of the diversity of sources of the Europe…
Una sentenza della Corte Suprema del Regno Unito sulla tutela giurisdizionale amministrativa
2019
Si dà notizia del caso "R (on the application of Privacy International) (Appellant) v. Investigatory Powers Tribunal and others (Respondent)" deciso dalla Corte Suprema del Regno Unito. It is a brief comment on the case "R (on the application of Privacy International) (Appellant) v. Investigatory Powers Tribunal and others (Respondent)" decided by UK Supreme Court.
Nomofilachia e correzione di ufficio delle sentenze della Cassazione
2020
La Corte di cassazione è l’organo di vertice dell’ordinamento giudiziario civile e penale italiano, come giudice di legittimità di ultimo grado. Lo scritto esamina i profili problematici della funzione della Corte di cassazione civile, che ha assegnato a se stessa il ruolo di guida della giurisprudenza e ha messo in secondo piano la funzione di garanzia dei diritti delle parti. La evoluzione del ruolo della Corte di cassazione ha recentemente determinato un uso improprio del procedimento di correzione, che è diretto ad emendare errori materiali o di calcolo. In particolare, la Corte di cassazione ha affermato di avere il potere di promuovere di ufficio il procedimento di correzione per emen…
Le rôle de la pratique ultérieure des parties dans l'interprétation des arrêts de la Cour internationale de justice à la lumière de l'arrêt de la Cou…
2014
The paper analyses the judgment of the International Court of Justice of November 11, 2013, in which the Court establishes several factors relevant for the interpretation of its judgments. After illustrating the importance of this judgement, the paper criticizes the Court's refrain from any examination of subsequent practice of the Parties in the application of its judgments, as a means of interpretation. Cette contribution analyse l'arrêt de la Cour internationale de justice du 11 novembre 2013, dans lequel la Cour énonce plusieurs éléments pertinents aux fins de l'interprétation de ses sentences. Après avoir mis en lumière l'importance de cet arrêt, une critique est adressée à l'approche …
The Rise and fall of a New Type of Crime against Humanity: the Crime against Humanity of Forced Marriage
2015
The practice of forced marriage rose as a new crime against humanity in the case law of the Special Court for Sierra Leone, but it has had a short and contentious life, being abandoned after a few years by other international criminal tribunals. This paper is devoted to the study of the international case law established by the international criminal tribunals -Special Court for Sierra Leone, and International Criminal Court- that have heard cases where allegations of force marriage have been raised up.
Shaping public Opinion for confrontation : catalan independence claims as represented in spanish, catalan, valencian, and basque editorials
2017
Editorials represent a newspaper’s principal means of ideological positioning and serve to identify the attitude of each newspaper and its readership to some of the main actors in any given conflict, especially those that are political in nature. Catalonia’s independence movement has experienced a surge in recent years. The turning point came in July 2010, after Spain’s constitutional court ruled against some aspects of Catalonia’s Statute of Autonomy (the legislation regulating the relationship between the Catalan autonomous community and the Spanish state). The ruling annulled some of the articles of the statute. The demonstration in support of Catalan independence that took place on Sep…
Weaving the threads of international criminal justice: The double dialogicity of law and politics in the ICC al-Mahdi case
2021
International audience; In this paper, we examine the international criminal trial of Ahmad al-Faqi al-Mahdi, a Malian Islamist who appeared before the International Criminal Court (ICC) in The Hague, charged with the destruction of Islamic shrines during the 2012 jihadist occupation of Timbuktu. Our objective is to analyze the so-called 'al-Mahdi case' as a dialogical network (the destructions occurred in the context of an asynchronous translocal press-mediated exchange between jihadists and the international community) and as an event unfolding at a dialogical site (when the commander responsible for the destructions was referred to the ICC four years later). These two dialogical orders e…