Search results for "APPRECIATION"
showing 10 items of 20 documents
Meritevolezza degli interessi
2021
La voce affronta l’evoluzione del criterio della meritevolezza degli interessi, indagandone la genesi e poi analizzandone le principali concezioni. Da questo esame emerge che la meritevolezza fonda un giudizio di impronta causale sul contratto, principalmente atipico ma anche, sotto certi aspetti, su quello tipico, che va distinto da quello di liceità. La meritevolezza dà infatti forma a una delle due anime del sindacato sulla causa del contratto: quello teso a riscontrare il fondamento del contratto sul terreno economico e sociale tramite una valutazione di natura tipologica sulla razionalità dello schema di composizione degli interessi e sulla consistenza e diffusione di questi ultimi; e …
Il mito del giudicato civile e amministrativo alla prova degli obblighi internazionali di restitutio in integrum
2019
The principles of res judicata and legal certainty in terminated civil and administrative proceedings often clash with the obligation of restitutio in integrum stemming from the violation of international law, namely of human rights provisions such as the European Convention on Human Rights (ECHR). Frequently, the European Court on Human Rights indicates the re-opening of terminated proceedings as (one of) the most appropriate form for redress. The Italian Constitutional Court, however, has recently held that the lack of specific clauses allowing for the re-opening of civil and administrative proceedings which have resulted in the violation of the ECHR does not contravene the Constitution. …
Convenzione europea dei diritti umani e problemi di costituzionalità della legge elettorale italiana
2013
By an order of 21 March 2013, the Court of Cassation referred to the Constitutional Court the question of constitutionality of the current Italian electoral law on the grounds that it runs counter to the constitutional principles of free and equal suffrage. The Constitutional Court has been called by the referring judge to focus on three main aspects of law: the closed list system; the majority bonus in the Chamber of Deputies, by which the coalition that wins the highest number of votes receives at least 55% of the seats; and the majority bonus in the Senate, which is assigned on a regional level. While the Court of Cassation affirmed that the constitutional principles on the right to vote…
Choix du système électoral et Convention européenne des droits de l'homme : quelques observations à la lumière d'une affaire concernant une loi élect…
2013
Within the space of less than two years the European Court of Human Rights and the Italian Constitutional Court have returned almost opposing judgments on the question of the observance of political rights by Italy’s 2005 electoral law. The ECHR found the applications made to it by groups of electors inadmissible given the manifestly ill-founded character of the grievances they were based on. The Constitutional Court, on the contrary, concluded that the law was unconstitutional. At first sight, the differing approaches by the two courts and the differing conclusions they reached may be viewed as an expression of the complementary nature of the European system of protection of human rights w…
Democrazia deliberativa e Convenzione europea dei diritti umani
2010
Deliberative democracy and the European Convention on Human Rights Theories of deliberative democracy have rapidly become very popular amongst political scientists. The central argument of these theories is that democratic legitimacy of lawmaking does not lie (or does not only lie) in the elected character of Parliaments but in public delib- eration processes. Decisions have to be justified by reasons and reasons have to be publicly debated. Legitimacy also depends on the opportunity for citizens to participate effectively in public debates. In this paper I argue that the European Court of Human Rights can be a key player in promoting a democracy based on public deliberation and that in the…
Body appreciation and body appearance pressure in Norwegian university students comparing exercise science students and other students
2021
Abstract Background Body image is considered a core issue for public health and associates with university students’ overall health. Due to positive associations between exercise and body image, it has been suggested that students within an exercise science program might be more body appreciative compared to other students. On the other hand, the strong societal idealization of the athletic body may expose them to a pressure of having a specific body appearance, which may result in unfavorable health consequences. Nevertheless, studies investigating these hypotheses are lacking. We therefore aimed to explore the level and associations of body appreciation, body appearance pressure, body ima…
Lautsi contra Italia: sobre la libertad religiosa y los deberes de neutralidad e imparcialidad del Estado.
2011
RESUMENRecientemente, la Gran Sala del Tribunal Europeo de Derechos Humanos ha resuelto que la presencia del crucifijo en las aulas italianas no supone una vulneración del derecho de los padres a asegurar la educación de sus hijos de conformidad con sus propias creencias religiosas y de los deberes de neutralidad e imparcialidad estatal impuestos por el derecho de libertad religiosa. Con ello revocaba una decisión en sentido contrario de una Sala de la Sección Segunda del propio tribunal. En el trabajo se repasan críticamente los fundamentos de la decisión definitiva, basada principalmente en el reconocimiento de un amplio margen de discrecionalidad en la actuación de las autoridades nacion…
The Lasting Influences of Early Food-Related Variety Experience: A Longitudinal Study of Vegetable Acceptance from 5 Months to 6 Years in Two Populat…
2016
International audience; Children's vegetable consumption falls below current recommendations, highlighting the need to identify strategies that can successfully promote better acceptance of vegetables. Recently, experimental studies have reported promising interventions that increase acceptance of vegetables. The first, offering infants a high variety of vegetables at weaning, increased acceptance of new foods, including vegetables. The second, offering an initially disliked vegetable at 8 subsequent meals markedly increased acceptance for that vegetable. So far, these effects have been shown to persist for at least several weeks. We now present follow-up data at 15 months, 3 and 6 years ob…
A comment on mortgage procylicality
2012
This paper comments on mortgage procyclicality. A framework for credit constraints along the lines of Kiyotaki and Moore (1997) is applied to illustrate a potential regime shift in the credit risk assessments of mortgagees. Depending on the relationship between house price growth and the alternative rate of return the weight given to collateral and debt-servicing ability may vary according to the house price cycle as mortgagees engage in search-for-yield. The regime shifts induced by increased global liquidity and expectations of continued housing appreciation might stimulate owner-occupation and LTV-ratios and induce mortgage procyclicality.
Integration of Mortgage and Capital Markets: Evidence in the Spanish Case
2006
The spectacular development of the Spanish mortgage market during the last decade has increased the concern about its financial integration with other capital markets. This paper examines the degree of integration between the mortgage market and two broader capital markets such as the public debt market and the money market in the Spanish case. With this purpose, different time series techniques in a context of cointegration have been used. The results obtained reveal that there exists an important degree of integration between the mortgage market and the general capital markets in Spain. In particular, the public debt market and, especially, the money market have turned into essential refe…