Search results for "Rights"

The nationality of companies in French law

2012

The development of international economic relations and the construction of an integrated European area, both from an economic and a political point of view, has revived the debate on the nationality of trading companies. The question is not so much whether trading companies have a nationality on an equal footing with natural persons – solutions have long been accepted by international doctrine and jurisprudence – but rather to determine how this notion has evolved and adapted to the constraints on the one hand, of a globalized market economy and, on the other hand, of European Union law which overturns the traditionally accepted solutions of nationality of trading companies into the legal …

Human Rights in Romanian Courts: A European Perspective?

2016

The perception and application of the European Convention on Human Rights by various national jurisdictions depends fundamentally on the way in which the Convention has been introduced into national law, as well as, in some countries, by how constitutional jurisdictions shaped this relationship. The article examines the reception of the Convention by a few European states, with a special regard on the case of Romania. Romanian courts, including the Constitutional Court and the supreme court, had a hesitant approach of the principle established by 1991 Constitution of the priority of international law of human rights over domestic law. In the context of the diversity of sources of the Europe…

I respingimenti in mare di migranti alla luce della Convenzione europea dei diritti umani

2009

Forcible return of migrants and the European Convention on human rights - Italian authorities have recently undertaken a new policy to face migration flows from north african coasts. Since May, 6th 2009 Italian coastguard and financial police vessels have intercepted a large number of boats carrying migrants and returned them to Libya, in force of a readmission agreement between Italy and Libya. These operations, even if they take place on the high seas, have to comply with the European Convention for Human Rights, considering that the migrants fall under jurisdiction of Italian authorities within the meaning of art. 1 of the Convention. In particular, on the basis of the European Court of …

Articolo 3 - Primo Protocollo

2012

Si tratta di un commento all'articolo 3 del Protocollo addizionale alla Convenzione europea dei diritti umani, che protegge il diritto a libere elezioni. This is a Commentary to Article 3 of the First Protocol to the European Convention on Human Rights, protecting the Right to free elections.

Liberal Values, Covid-19 and the Judiciary

2020

Autonomie e controlli della Corte dei conti nel quadro dei principi costituzionali e dei vincoli sovranazionali in materia economico-finanziaria

2022

Una riflessione dei controlli sulle autonomie territoriali intestati alla Corte dei conti non può prescindere dal loro inquadramento costituzionale. L’A. prospetta una ricostruzione del controllo come espressione di una funzione neutra e imparziale che deve riposare su precisi parametri costituzionali che ne legittimano l’adozione e di cui va resa una stretta interpretazione: il controllo sulle Autonomie territoriali deve così essere necessariamente una attività tale da avvicinarla a quella giurisdizionale piuttosto che amministrativa. È in tale chiave che deve essere inteso il rapporto fra ausiliarietà di cui all’art. 100 Cost. e controlli sui bilanci ed i rendiconti. L’evoluzione del quad…

Inquisitio Contra Haereticos. The Inquisition Trials of Witches, Heretics and Secret Societies

2022

By means of very rare manuscripts and precious historical sources (dating back even to the 16th century), this book aims to reconstruct the varied and complex phenomenon of the Inquisition, with particular scientific reference to the events that took place and unfolded in Sicily through the centuries. Based on primary ancient documents, it constitutes a monographic and reasoned catalogue of the international exhibition on the evolution of the Inquisition, curated in Palermo (Italy) by Francesco Callari and Antonio Scaglione. The exhibition, which was supported by an authoritative Scientific Board, was awarded important institutional recognitions and, in particular, the Medal of the Presiden…

Legal Science: Functions, Significance and Futurein Legal Systems II: Collection of Research Papers in Conjunction with the 7th International Scienti…

2020

Misrecognizing Asylum. Causes, modalities and consequences of the crisis of a fundamental human right.

2017

The so-called contemporary refugee crisis can be defined as a European “right to asylum crisis”, a crisis of its fundamental principles: the protection of asylum seekers’ rights and the related principle of non-refoulement. Modalities and trends marking the recognition of asylum applicants as refugees, and of migrants as asylum seekers, will be considered along with the current implementation of the notion of a “safe country” within the context of EU texts on migration developed since 2015. This “right to asylum crisis” is then briefly analyzed as both a symptom and a cause of the European Union project’s wider political and cultural crisis.

Value congruence in health care priority setting: social values, institutions and decisions in three countries

2014

AbstractMost developed democracies have faced the challenge of priority setting in health care by setting up specialized agencies to take decisions on which medical services to include in public health baskets. Under the influence of Daniels and Sabin’s seminal work on the topic, agencies increasingly aim to fulfil criteria of procedural justice, such as accountability and transparency. We assume, however, that the institutional design of agencies also and necessarily reflects substantial value judgments on the respective weight of distributive principles such as efficiency, need and equality. The public acceptance of prioritization decisions, and eventually of the health care system at lar…