Search results for " powers"
showing 10 items of 43 documents
Striking a Balance among Security, Privacy and Competition. The Data Retention and Investigatory Powers Act 2014 (DRIP)
2015
Following the ECJ decision that declared the Data Retention Directive invalid, the Data Retention and Investigatory Powers Act 2014 (DRIP) has been enacted. It is not indisputable whether the DRIP gives more powers to the intelligence services at the detriment of both citizens’ privacy and freedom of enterprise or whether it simply clarifies the nature and extent of obligations that can be imposed on telecommunications service providers based outside the UK under Part 1 of the Regulation of Investigatory Powers Act 2000 (RIPA). The article provides news also on Data Retention Regulations 2014, R (David Davis MP and Tom Watson MP) v Secretary of State for the Home Department and the proposed…
Attività vincolata dell’amministrazione e sindacato giurisdizionale
2020
This paper aims the administrative judge’s powers of inquiry in the administrative act in the light of art. 21-octies of l. n. 241/1990 and art. 31 and 34 of the Administrative Process Code, and also in the light of administrative jurisprudence. The purpose is to verify if these rules represent a limit to the Supreme Court’s thesis, about a new line of division between the jurisdictions’ areas of interest based not on the existence of public power, but on its discretionary nature.
Il parametro della pericolosità ed i poteri di polizia di sicurezza
2022
As is well known, the Republican Constitution configures public security in objective terms. This is framed as a public interest related to a situation of orderly and peaceful coexistence, an indispensable prerequisite for the exercise of other fundamental rights, or as an objective interest of the state, of the legal system, and therefore of the community as a whole. An idea of public security is expressed, on the one hand, as a limit to the exercise of freedoms, on the other, as a regulatory and administrative task of public authorities and, in particular, of the state apparatus. The first aspect that is most relevant here is found in the references to the concept of security contained in…
Il doppio mito: sulla (pretesa) neutralità della politica monetaria della BCE e la (pretesa) non-vincolatività degli indirizzi di politica economica …
2021
Policies adopted by the governance of the EMU during the financial and Covid crises display a clear gap between the “form” and the “substance” of the institutional architecture of title VIII of the TFEU. It is submitted that this architecture is in sharp contrast with the European constitutional tradition. Furthermore, the traditional view is rejected, according to which the EU Commission and Council, as well as the ECB, are devoid of binding powers in the field of economic policy. Some reflections concerning both methodological implications of the foregoing and its possible effects on the European integration process are finally developed
Desobediencia civil y participación política. Unas cuestiones abiertas para las democracias constitucionales (y la teoría del derecho)
2015
In this article I try to show some problems of the interpretation of civil disobedience as a practice that aims to maintain democratic principles against discriminative legal patterns or oligarchic forces. I will present two doctrines, the Rawlsian (followed by Habermas) and the one proposed recently by supporters of a radical constitutional change through the exercise of “constituent power”. The Rawlsian account a) offers a too stringent model of justification of this type of practice and b) does not recognize the plurality of subjects to which civil disobedience appeal. The supporters of radical constitutional change fall into a form of heterogony of ends. They reject liberal accounts of …
La prestación de maternidad en los supuestos de gestación subrogada
2018
Surrogate pregnancy, as a technique of assisted reproduction prohibited by Spanish law, raises a number of legal questions than, in certain cases, trascend of the Civil Law. Specifically, it has been discussed about de possibility that de person or persons consigner in the gestation contract substitution have access to the provision for maternity benefit. Recently, the Spanish Supreme Court has responded to this issue in the sense of recognizing the right to the provision for maternity benefit to the father or mother ?in fact?, efecttively, develop own parental powers.
Tutela e sicurezza del lavoro tra centro e periferia: la sicurezza sui luoghi di lavoro
2013
Il saggio prende in esame la complessa questione del riparto di competenze tra Stato e Regioni alla luce del Titolo V della Costituzione in materia di salute e sicurezza sui luoghi di lavoro. Il riparto di competenze tra centro e periferia è stato oggetto di una limitata analisi da parte della dottrina e della giurisprudenza, che si sono concentrate in particolare sulla disciplina del mercato del lavoro. L’Autore descrive un sistema multilivello, caratterizzato dalla compresenza di fonti nazionali e regionali, della contrattazione collettiva, nonché di codici di condotta. Sulla scorta di una ricostruzione del quadro normativo e dei percorsi della giurisprudenza, il saggio propone una lettur…
Spatial fragmentation of, and US support for, the main multilateral institutions of the western order
2017
The growth of China-led minilateral initiatives mostly of a regional character has challenged the main multilateral institutions of the Western order and, ultimately, US authority. Faced with a progressive delegitimation of the institutional architecture that it promoted after World War II, the US, under the Obama administration, has acted to defend the existing main multilateral institutions of the order (UN, IMF, WB and WTO), attributing them with a strategic role. More than being radical, though, the reforms enacted have been incremental and pragmatic, but always imperfect. More importantly, they have not altered US influence, which is exercised mostly through informal means. This, howev…
« 'A Person should Never Represent Anything that They Aren't Willing to Have Come True ' : la vérité par l'image dans Plowing the Dark de Richard Pow…
2012
International audience
Checks and balances and international openness
1991
In the course of a long digression within his famous inspection of Plato’s political philosophy, Karl Popper (1945: 121) argues that “the problem of politics” is the following: “How can we so organize political institutions that bad or incompetent rulers can be prevented from doing too much damage?” Popper’s answer is: “the theory of checks and balances”, which he defines as the striving to establish “institutional control of the rulers by balancing their powers against other powers” (122). From that general approach to “the problem of politics”, it follows that democracy is definitely not the rule of the majority, or the sovereignty of the people (a conception that entails various paradoxe…