Search results for "common law"
showing 10 items of 62 documents
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
2009
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…
Legal Norms Against the Italian Mafia
2016
Legislation expressly aimed at combating mafia-type crimes in the Italian criminal system has long represented a specific and distinctive set of rules, comprising provisions of criminal law, procedural criminal law and penitentiary law, and including provisions of administrative and civil law of a more preventive kind. However, the law constitutes only one aspect of the complex Italian anti-mafia policy, which indeed results from the combination of several factors, such as human losses, political choices, legislative solutions, evolving case law and reactions of the civil society. In the international arena, among the multiple actors engaged at various levels in the fight against organised …
La regina Elisabetta II (1926 – 2022)
2022
L'articolo ricostruisce la recente storia del Regno Unito e le caratteristiche salienti del common law attraverso la figura della Regina Elisabetta II
Una mirada a los requisitos de la obtención de la nacionalidad española por residencia
2014
Vivimos en un mundo globalizado y la movilidad de las personas es identificativo de la modernidad, por esta razón la obtención de la nacionalidad española por residencia constituye un tema de importancia en el entorno social, económico, político y jurídico español. Para un extranjero adquirir la nacionalidad es un largo camino transitado más de espinas que de rosas, por ello este tema requiere ser visto con toda la seriedad que sea posible. El objetivo de este trabajo es reseñar algunas de las doctrinas de la jurisprudencia más actualizada en la materia, en relación a los requisitos exigidos para la obtención de la nacionalidad española. Partiendo de la premisa, que cuando un extranjero lle…
Il genio di “Nostra Signora il Common Law”
2013
Alcuni lineamenti storici del diritto inglese
2013
Revisiting “Schumacker”: Source, Residence and Citizenship in the ECJ Case Law on Direct Taxation
2013
ECJ case law on direct taxation has been very important in the development of the international dimension of direct tax systems of EU Member States. Through the application of the non-discrimination principle and the requirements of the fundamental freedoms, some of the basic structures of the implementation of income tax systems have been revised to accommodate to the needs of the single market. However, the requirements of the EU single market are fundamentally incompatible with the assumptions that have served to build the criteria under which modern income tax systems have been developed (worldwide income taxation, residence vs source, unlimited vs limited tax liability, credit vs exemp…
Le Confessioni religiose «del terzo tipo» nell'arena pubblica nazionale: problemi, dinamiche e tendenze operative
2014
The essay examines the legal status of confessional entities that have no agreement relationships with State, and who also did not obtainthe recognition stated by the 1929 law on «culti ammessi». It first discusses the difficulty such entities have experienced in achieving such recognition, which is mainly due to the practice adopted by the apical Administration - forced by legislative inertia in the field - which interprets the recognition very broadly, as a moment of the confesson's special «accountability», not stated by positive law. The lack of such «informal» status affects several aspects of the crucial choices that named entities make about the «style of presence» to be adopted in p…
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 …
The Rise and fall of a New Type of Crime against Humanity: the Crime against Humanity of Forced Marriage
2015
The practice of forced marriage rose as a new crime against humanity in the case law of the Special Court for Sierra Leone, but it has had a short and contentious life, being abandoned after a few years by other international criminal tribunals. This paper is devoted to the study of the international case law established by the international criminal tribunals -Special Court for Sierra Leone, and International Criminal Court- that have heard cases where allegations of force marriage have been raised up.