Search results for " legali"

‘Classical’ doping, financial doping and beyond: UEFA’s financial fair play as a policy of anti-doping

2014

Against the backdrop of an increasing use of the term ‘doping’ in circumstances other than the classical understanding, this theoretic article provides a new and comprehensive inter-disciplinary reflection of the doping concept. The aim is to elaborate a broader understanding of doping in relation to socio-economic contexts. Besides addressing the question which structural similarities in general justify the label ‘doping’, a comparison between ‘classical’ doping and the so-called financial doping in European club football is developed. These insights serve as a basis for a consideration, to what extent insights of social-scientific research on drugs in sport may be consulted to analyse soc…

Aspectos de la revolución jurídica en el decreto de los señoríos de 1811

2001

One of the basic elements which the bourgeoisie needed to address in the process of revolution was the transformation of the landholding regime and the instruments which conditioned the social relations of production: seigneurial, and principally jurisdictional, rights. This meant two tasks: overcoming the juridical structure that underlay the feudal property regime and the creation of a new system that might regulate relationships of capitalist production. Peculiarities and doubts about the origin of the feudal property regime and seigneurial rights, and the relationship between the two, would open up a series of questions relating to their legality and legitimacy, including the right of c…

Anticommons and legal standard

2013

Il lavoro ha ad oggetto l'esame in chiave critica di alcuni profili problematici delle tecniche legali e contrattuali di tutela delle esclusive brevettuali

Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian La…

2012

Chapter 6 analyses the relationship between International human rights law (IHRL) and international humanitarian law (IHL). IHL represents the new version of a part of the old ius gentium, in particular its ius in bello. Nonetheless, IHL excludes ius ad bellum, formerly linked to ius in bello in ius gentium, in continuity with the Just War Theory. The current IHL is characterized by neutrality, impartiality, and humanity in protecting victims. The practice of IHRL – not the abstract doctrine of natural rights – aims to protect human beings in different contexts and against different forms of vulnerability. In this last sense, IHL could be seen as a part of the former in the case of vulnerab…

OS ECJ-TF 3/2017 on the Decision of the Court of Justice of the European Union of 16 May 2017 in Berlioz Investment Fund SA (Case C-682/15), Concerni…

2018

This article examines the decision of the Grand Chamber of the Court of Justice of the European Union (ECJ) in Berlioz Investment Fund SA (Case C-682/15) delivered on 16 May 2017, following the Opinion of Advocate General Wathelet of 10 January 2017. The case concerned the levying of tax penalties in circumstances in which a third party partially refused to provide the Luxembourg tax authorities with information requested, by way of mutual assistance under the Mutual Assistance Directive (2011/16), by the French tax authorities. Having clarified that when exchanging information by way of mutual assistance under an EU directive, EU Member States are implementing EU Law, the Grand Chamber con…

Has Pandora's Box Been Closed? The Decisions on the Legality of Use of Force Cases about the Status of the Federal Republic of Yugoslavia (Serbia and…

2006

In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different construction of the question of the FRY's membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court. Because of the link between UN membership and the FRY's participation in the Genocide Convention, the Court's finding in the Legality of Use of Force cases may have some implications for two sets of proceedings s…

La crisi della legalità. Il "sistema vivente" delle fonti penali.

2016

Citizens, citizenship and European Union: an open bet? The culture of legality

2016

Although the meanings of citizenship, active citizenship and organized crime are still open to debate, we try to show the evaluation of the culture of legality and the investments in social, economic and cultural programs for youth as a major defense for such a capillary phenomenon. There is also general agreement that EU programs for endorsing citizenship and active citizenship represent an effective tool for creating transnational networks of young people committed to EU values. Thus, they perceive the culture of legality as the best form of protection against arbitrary violence with references not only to a developed (and eventually harmonized) system of legal sanctions, but also to the …

What Can Plans Do for Legal Theory?

2012

In his book, Legality (2011), Scott Shapiro puts forward what he claims to be "a new, and hopefully better" (better, namely, than the ones given so far) answer to "the overarching question of ‘What is law?’ - The central claim of this new account - the "Planning Thesis" - is that "legal activity is a form of social planning" -. "Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudicat…

“Come l’aria”. Legalità, “forma della libertà” e coltivazione della speranza

2011

Fede nella libertà, promozione di una cultura diffusa della legalità, edificazione di una consapevole coscienza critica e coltivazione della speranza sono tessere di un mosaico che restituisce l’immagine dell’armonia nella vita di una comunità democratica: la scuola, il vissuto quotidiano e la forza dell’esperienza ne plasmano il volto, bussando alle coscienze di ciascuno ed esigendo impegno, lungimiranza e capacità di costruire guardando a domani. I moniti di metà novecento tra eredità della catastrofe e orditi di sorprendente attualità; la forza delle più recenti testimonianze di vita, intrise, appena ieri, in terra di Sicilia, del sangue del martirio per la legalità; la sfida della colti…