Search results for "Statute"
showing 10 items of 47 documents
La legge 20 gennaio 2016, n. 12: un'occasione perduta
2016
The paper concerns the institute named ius soli sportivo, which has been introduced by the statute no. 12/2016
Condotta antisindacale nel lavoro tramite piattaforma digitale
2023
Entrusting to the trade union the procedural instrument of guaranteeing the collective interests of workers cannot depend on the contractual form chosen by the parties to the relationship. Excluding, therefore, that the trade union has an interest in acting in the face of conduct that undermines the regularity of the collective protection action is contrary to the very raison d'être of Article 28 of the Labour Statute to defend the constitutionally relevant rights involved in industrial relations, as well as to the spirit of promotion and support of trade union action of the Workers' Statute.
Leggi retroattive di contenimento della spesa pubblica e giusto processo (a margine della sentenza della Corte costituzionale n. 12 del 2018)
2018
The essay is about limits imposed to the legislature to enact retroactive statute law in “civil matters”. It tackles the dichotomy existing between the European Court of Human Rights’ and the Italian Constitutional Court’s jurisprudence on the theme. The first one has repeatedly ruled that the legislature is not prevented from regulating, through new retrospective provisions, rights derived from the laws in force. Nevertheless, the principle of the rule of law and the notion of a fair trial enshrined in Article 6 of the European Convention of Human Rights preclude, except for compelling public-interest reasons, interference by the legislature with the administration of justice designed to i…
La c.d. legge Severino ed il diritto a libere elezioni: i motivi imperativi di ordine democratico giustificano l’applicazione del decreto agli eletti…
2018
The contribution analyzes the so-called legge Severino and its retroactive effect, evaluated with reference to the right to free elections, as interpreted by the jurisprudence of the European Court of Human Rights.
Quale futuro per la specialità siciliana nel contesto dell'attuale riforma costituzionale
2016
Il saggio affronta il tema della specialità siciliana nel quadro del progetto di riforma costituzionale che escludeva dal suo ambito applicativo le regioni a statuto speciale. Benché la riforma costituzionale non sia stata approvata a seguito del risultato del referendum costituzionale, lo scritto mantiene la sua validità scientifica in quanto dopo aver analizzato le ragioni del mancato inveramento della specialità siciliana, affronta il tema dei futuri sviluppi dell'autonomia siciliana. The essay deals with the issue of the Sicilian specialty within the framework of the constitutional reform project which excluded regions with a special statute from its scope. Although the constitutional r…
The Exclusion of Women from Inheritance Rights: An Unresolved Issue?
2021
In Italy, the women's exclusion from the inheritance is the principle that structures the property system of the families in medieval and early modern age and the social and juridical organization of these centuries, until the XIX century. Despite its importance, the exclusion of the women has never been an autonomous historiographical issue, but it has been ignored to advantage of analysis centered on the dowry system: emphasis has been placed mainly on the property rights of the women instead of observing the marginalization of the female part of lineages respect to the family wealths. The essay addresses two issues: the way in which statutory and state laws rule women’s exclusion from in…
Le “Questioni esplicative” della Carta de Logu
2018
Appended to the “Carta de Logu” of Arborea, the main compilation of local laws in medieval Sardinia, a list of legal cases drafted as quaestiones can be found, whose solutions clearly draw on Justinian’s libri legales. Commonly known as “Questioni esplicative della Carta de Logu”, they represent in fact a significant example of the complex ius proprium-ius commune dialectic.
«Non oportet litigare: sed mansuetum esse ad omnes». Considerazioni sul valore normativo e religioso delle paci private
2023
The aim of this article is to investigate the religious and theological aspects related to the medieval practice of peacemaking. Pacta de crimine are legally justified by Roman sources (C. 2,4,18) but they are also characterised by the mes-sianic significance of peace. This paper considers the heritage of classical culture and theology analysing the normative experience of the commune of Perugia.
Objective and Subjective Party Leadership Selection: Regulations, Activists and Voters in Poland
2015
Over the last two decades, an increasing number of political parties have gradually formalized the influence of members in the process of leadership selection. This evolution has determined two partly contrasting behaviors in the new democracies of Eastern Europe: inclusive decision-making was formally mentioned but empirical evidence indicates implementation problems. Consequently, it remains an empirical question to what extent the East European political parties apply the formal provisions of inclusiveness when selecting their leaders. In order to provide an answer, this article compares the statutes and election regulations of four Polish parties with opinions of party members and voter…
Cooperative Finance and Cooperative Identity
2012
The question addressed in this paper is whether the financial structure of cooperatives constitutes a badge of identity that differentiates cooperatives from other corporate legal forms such as capital-based companies.To this end, it examines features of their financial structure that are considered typical of cooperatives in a number of documents published by international organizations: the International Co-operative Alliance's Statement on the Co-operative Identity (ICA, Manchester, 1995); the International Labour Organization's R193 Promotion of Cooperatives Recommendation (ILO, 2002); Council Regulation (EC) No. 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Societ…