Search results for "Fundamental right"

Brevi note comparatistiche in tema di suicidio assistito

2019

The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.

EUIPO Boards of Appeal in the Light of the Principle of Fair Trial

2022

The EUIPO’s Boards of Appeal are called upon to decide on appeals against decisions by the bodies of ‘first instance’. However, their judicial function has always been denied. Conversely, the essay tends to place the Boards of Appeal of the EUIPO in any case within the concept of ‘court’, as defined by the ECtHR, within the framework of Article 6 ECtHR, because it assesses their independence, impartiality, and in general the guarantees required by the ‘fair trial’, until concluding that it is a paradigmatic model in the overall administration and judicial system. EUIPO Boards of Appeal, European Court of Human Rights, Court of Justice of the Eurpean Union, EU Charter of Fundamental Rights, …

The Human Right to Social Security and Its Impact on Socio-Political Action in Germany and Finland

2017

Social human rights have rarely been given attention in social work research or comparative studies on welfare states. The paper aims at filling the gap by analysing the conception of human beings inherent in human rights and in unemployment policy documents in Germany and Finland. Its focus lies on the right to social security, a central norm of the International Covenant on Economic, Social and Cultural Rights. The main question is what impact does the right to social security have on socio-political action in Germany and Finland. The results of the analysis, which was based on the objective hermeneutics, revealed a structural similarity between the conceptions of human beings in both cou…

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…

Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s

2018

Public Diplomacy and Intercultural Dialogue in the Face of the Pandemic

2021

Since the beginning of 2020 Italy have tried to give specific and rapid answers to the pandemic crisis, even if with strong compressions and limitations of constitutional fundamental rights, which has led to a huge debate among scholars about: the legislative instruments applied, the kind of legislation used, and on the merit of the measures enacted, having regard to their content and their compatibility with the constitutional principles and provisions, their legitimacy, their proportionality and the (un)fair balancing with the fundamental rights compressed and limited under their effects. Mostly, the crucial balancing work has involved, on one side, the right to health in its individual (…

LAW AND SOCIAL CHANGE: RIGHT TO A NAME, PERSONAL IDENTITY AND PRIVATE LIFE IN CONTEXT

2014

The name is the key to identify a single individual and to link a person to her family, as well as the primary interface in the relationship between a person and the community he or she lives in. This study claims that private life and private autonomy are becoming interpretative arguments and vehicles to ensure that law would be able to follow – and sometimes to chase – social changes in personal and family life, in finding new rules to regulate the relationship between the individual, the family and public authorities or between a private individual and the community she interfaces with.1 Judicial interpretative activity often reveals legislative shortcomings. In particular, the judiciary…

Personu, kurām ir tiesības uz aizstāvību, liecības kriminālprocesā

2020

Bakalaura darba tēma “Personu, kurām ir tiesības uz aizstāvību, liecības kriminālprocesā” sniedz vispārīgu ieskatu personu, kurām ir tiesības uz aizstāvību procesuālo statusu un šo personu sniegto liecību izpratnē. Darbā tiek apskatīta personu, kurām ir tiesības uz aizstāvību liecību iegūšanas veidi un šo personu kriminālprocesuālās tiesības attiecībā uz liecību sniegšanu kriminālprocesa gaitā. Darba ietvarā ir apskatīti un analizēti gaidāmie fundamentālie grozījumi attiecībā uz personām, kurām ir tiesības uz aizstāvību liecību saturu, nosakot, ka personām, kurām ir tiesības uz aizstāvību, būs jāsniedz patiesas liecības, ja tās izmantos savas tiesības liecināt.

Il danno alla persona

2022

Il saggio analizza il decisivo contributo di Renato Scognamiglio all'evoluzione del danno alla persona nell'ordinamento giuridico italiano. Dopo aver ripercorso gli studi dedicati da Scognamiglio al tema, il saggio verifica l'impatto di tali studi sulla della riflessione scientifica sul danno non patrimoniale e sugli orientamenti della giurisprudenza. L'autore propone una razionalizzazione e l'integrazione delle conclusioni oggi prevalenti al fine di ridurre, per quanto possibile, le oscillazioni interpretative e l'incertezza applicativa. The essay analyzes the decisive contribution of Renato Scognamiglio to the evolution of damage to the person in the Italian legal system. After having ret…

Los resgos para el dereho en tiempos de pandemia: el ejemplo paradigmàtico de los puertos italianos declarados inseguros

2021

The coherence of the legal system becomes a particularly relevant and complex issue with regard to the conflicts that may arise between constitutional principles. From this perspective, the paper considers some immigration laws - and in particular the Ministerial Decree of 7 April 2020, which states that "for the entire duration of the national health emergency resulting from the spread of the COVID_19 virus, Italian ports do not ensure the necessary requirements for the classification and definition of Place of safety ("safe place") "- enacted by the Italian government in the most acute period of the health emergency connected to the spread of covid-19, by evaluating whether they, by affec…