Search results for "Legality"
showing 10 items of 54 documents
El coste de una decisión que se no quiere tomar. Observaciones acerca de la introducción del delito de tortura en el ordenamiento italiano y un esboz…
2020
After a difficult and disputed drafting, on July 5, 2017, the Italian Parliament approved the Act n. 110/2017, which introduced the crime of torture in Italy. The lack of will of Italian Parliament in promulgating the law, even though Strasbourg Court urged in several occasion to reform the law in order to avoid cases of insufficient sanctions in case of violation of art. 3 of the European Convention on Human Rights, can be explained through a redefinition of the model of legislative rationality: legislator might be considered rational when it enacts ambiguous legislative texts at the lowest electoral cost if it urged to do by the pressure of supranational jurisdictions. Finally, even thoug…
The social innovation of social cooperatives operating on confiscated mafia properties: support factors and critical issues.
2015
In recent years, the theme of Social Innovation (SI) has gained significant importance both in academic studies and in policy. In the many definitions of SI proposed by scholars the aspect of change seems to be central. Making social innovation means to find and to provide new solutions to the social needs of individuals and communities; to develop and to introduce changes in the relationships between individuals and institutions; and again, to redefine the priorities of the economic and social development. In this paper we focus on a particular form of SI realized by social cooperatives operating in Italy on assets confiscated from the mafia. Thanks to a law of popular initiative these goo…
Giovani e legalità in tempo di pandemia
2021
This volume focuses on subjects and data analysed from different perspectives in the light of the health emergency. An emergency which has prompted everyone not only to deal with medical, biological or statistical information (dynamics of contagions, increase in contagions, immune response, effectiveness of vaccines, etc.), but also with the processes of producing of norms, rules and regulations to be interpreted and assessed, as well as with the modification of the spaces of freedom of individuals and organisations.
El Tribunal de Justicia de la Unión Europea como garante de derechos constitucionales en los Estados: la doctrina Taricco
2021
In which scenario can the Court of Justice of the European Union appear as guarantor of the fundamental rights contained in the Constitution of a State of the Union? The analysis of the CJEU in the M.A.S. and M.B., in a preliminary ruling raised by the Italian Corte costituzionale, following the previous Taricco case, gives the CJEU the opportunity to draw this scenario, in a matter related to the criminal prescription in relation to value-added tax.Summary:I. Consecutive processes. II. Ivo Taricco case: principle of primacy. 1. Conformity with Union Law 2. Consequences of the incompatibility with the Law of the Union 3. Fundamental rights. III. M.A.S. and M.B. case: constitutional rights. …
The Prosecution of International Crimes in Argentina
2010
AbstractIn recent years, the Argentine courts have developed a rich case law surrounding the prosecution of international crimes. In particular, the courts have handed down judgments regarding the limits to amnesties and pardons, and the inapplicability of statutory limitations for crimes against humanity, invoking several sources of international law in the process. However, applying these international norms has caused debate about constitutional matters such as the reach of the principle of legality, the use of customary law, and whether domestic criminal norms are compatible—or could even be combined—with international criminal norms.
A normative ‘due process’ in the creation of States through secession
2006
The choice and/or the balancing between effectivess and legality in the creation of States is, today, one of the most hotly debated issues in the international legal scholarship. Should a state-like entity formed in breach of the peremptory norm prohibiting the use of force or of the principle of self-determination (not) be considered as a State for the purposes of international law? The answer differs according to what theoretical premises are adopted. For those who believe that the State is a social person, and its creation basically a historical occurrence, the law cannot cancel its very existence. On the other hand, if State-creation is also a matter of law, one might agree that “[a]n a…
Article 49 of the Charter of Fundamental Rights of the European Union on the principles of legality and proportionality of criminal offences and pena…
2022
In this publication, I talk you about article 49 of the Charter of Fundamental Rights of the European Union on the principles of legality and proportionality of criminal offences and penalties
On the Absence of Direct Effect of the WTO Dispute Settlement Body's Decisions in the EU Legal Order
2012
This chapter talks about the Absence of Direct Effect of the WTO Dispute Settlement Body's Decisions in the EU Legal Order. It covers five main sections: (1) The Domestic Validity and Rank of Decision (2) Their Internal Effects (3) The 'Scope for Manoeuvre' Argument: An Assessment from the Perspective of the WTO Legal System (4) The 'Scope for Manoeuvre' Argument: An Assessment from the Perspective of the EU Legal System and (5) The Pragmatic Role Played by Direct Effect in the Protection of the Autonomy of the EU Legal Order and Its Costs. According to established case law, while the binding character of international agreements is sufficient to use WTO law as a standard for reviewing the …
Studies of satellite-based tracking systems for improving law enforcement : comprising investigation data, digital evidence and monitoring of legality
2014
‘What’s the Plan?’: On Interpretation and Meta-interpretation in Scott Shapiro’s Legality
2012
This chapter seeks to explain and evaluate Shapiro’s theory of legal interpretation, as it is outlined in his recent book ‘Legality’. More specifically, in the following I will try to provide (a) a reconstruction of Shapiro’s theory of legal interpretation, as it is developed in ‘Legality’; (b) an assessment of this theory of interpretation on its own terms (i.e. its internal coherence, its overall persuasiveness); and (c) an evaluation of the compatibility of this theory of legal interpretation with the general project of ‘law as plan’.