Search results for "admissibility"
showing 10 items of 10 documents
Considerazioni sull’ammissibilità delle leggi- provvedimento: il caso del finanziamento del Teatro Eliseo al vaglio della Corte costituzionale
2021
This paper examins the admissibility of so-called “leggi-provvedimento”, taking the cue from the effect of the national legislative provision, which recognizes eight million euro for biennium 2017-2018 to the Roman Teatro Eliseo, and which was recently submitted to the Italian Constitutional Court. This essay examins the responsibility of national legislature for adopting damaging legislative measure.
Coherent conditional probabilities and proper scoring rules
2011
In this paper we study the relationship between the notion of coherence for conditional probability assessments on a family of conditional events and the notion of admissibility with respect to scoring rules. By extending a recent result given in literature for unconditional events, we prove, for any given strictly proper scoring rule s, the equivalence between the coherence of a conditional probability assessment and its admissibility with respect to s. In this paper we focus our analysis on the case of continuous bounded scoring rules. In this context a key role is also played by Bregman divergence and by a related theoretical aspect. Finally, we briefly illustrate a possible way of defin…
Le renouvellement du contrôle juridictionnel de l’administration au moyen du recours pour excès de pouvoir
2017
The role of the administrative judge (the excess of power) has evolved due to the implementation of the various texts adopted recently as well as the developments in the case-law in recent years. In many areas, its role now goes beyond the mere confrontation of an administrative act with the rule of law. At the heart of the annulment decision is a statement and an assessment of the facts, apart from the interpretation of the law, which were usually separated by the principle of separation between the administration and its judge.Some jurisprudence which has become very classical, as well as others more recent, can be considered as characteristic manifestations of this new tendency of the ju…
Pierādījumu pieļaujamība kriminālprocesā
2016
Bakalaura darbs ,,Pierādījumu pieļaujamība kriminālprocesā” sniedz ieskatu pierādījumu jēdzienā, saturā un pierādījumu pazīmēs. Izpēta pierādījumu pieļaujamību un ar to saistītās problēmas, absolūtās pierādījumu nepieļaujamības gadījumus, ierobežotās pierādījumu pieļaujamības gadījumus. Pētot pierādījumu pieļaujamību, absolūto pierādījumu nepieļaujamību un ierobežoto pierādījumu pieļaujamību, analizēti tiesībzinātnieku viedokļi un tiesu prakse, apzināti problēmjautājumi un sniegti ieteikumi to risināšanai. Darba mērķis ir izprast pierādījumu jēdzienu un tā saturu, sniegt ieskatu pierādījumu pazīmēs, izpētīt pierādījumu pieļaujamības izpratni, pierādījumu absolūtās nepieļaujamības gadījumus,…
Coherent Conditional Previsions and Proper Scoring Rules
2012
In this paper we study the relationship between the notion of coherence for conditional prevision assessments on a family of finite conditional random quantities and the notion of admissibility with respect to bounded strictly proper scoring rules. Our work extends recent results given by the last two authors of this paper on the equivalence between coherence and admissibility for conditional probability assessments. In order to prove that admissibility implies coherence a key role is played by the notion of Bregman divergence.
L’ammissibilità ratione personae dei ricorsi alla Corte europea di individui estremamente vulnerabili: uguaglianza sostanziale e tutela del diritto d…
2021
The legal framework governing proceedings before the ECtHR does not deal with cases in which victims of human rights violations are not de jure and/or de facto capable of lodging applications with the Court. In the effort of overcoming such a procedural lacuna, the Court has established a test that, taking into consideration the extreme vulnerability of the victims (such as minors and persons with disabilities) and the seriousness of the alleged violations, allows NGOs to apply as their ‘de facto representatives’, provided that some other conditions are fulfilled. The Court’s approach, however, has not been always consistent and does not guarantee predictability and legal certainty. Moreove…
The Right to Legal Assistance in Criminal Proceedings
2021
Uno studio sulla “dissenting opinion” con particolare riguardo all’esperienza del diritto inglese
2023
The essay explores the many means through which judicial dissent has traditionally made its way into the English legal system in order to be finally accepted as an ineliminable instrument that the minority has availed itself of to air its differing opinion, mostly in matters of general, public importance. So, the research is in the first place directed towards the identification of the different types of dissent and of the forms (even concurring) in which it may be shaped. Furthermore, the study involves the attempt to find out what reasons may underlie the expression of dissent and whether they may conceal some kind of idyiosincratic state of mind on the part of the dissenters. A view is a…
Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104
2021
Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…
Le impugnazioni ordinarie: tra efficienza e snellimento
2023
The paper analyses numerous changes introduced by the so called "Cartabia reform" to the appeal and to the proceedings in front of the Supreme Court. A complex reform aimed at reducing the duration of appeal proceedings that raises some concerns on the guarantees side.