Search results for "impartial"
showing 9 items of 19 documents
JUDGE IMPARTIALITY IN COMPREHENSIVE JUDICIAL DEVELOPMENT
2012
General human rights instruments guarantee the right to a fair trial before independent and impartial court. International and national legislation explicitly provides that the court should be impartial. But how can we understand that the court is impartial? Should there be an objective decision or should there be impartial decision-making process? Nowadays we often think about how it is possible to ensure judicial impartiality. How an impartial court may exist in democratic society, and whether a society should have any criteria of judicial impartiality to ensure that the public trusts the courts and judges. The aim of the court’s decision is not only to achieve an equitable settlement of …
SOCIETÀ A CONTROLLO PUBBLICO E CONTRATTO DI LAVORO: LA CASSAZIONE TORNA SULLA NULLITÀ VIRTUALE PER ALTERAZIONE DELLA PROCEDURA CONCORSUALE
2021
Il commento analizza la recente e consolidata giurisprudenza di legittimità in materia di rapporto di lavoro alle dipendenze delle società a controllo pubblico: secondo la Corte di Cassazione, che fa leva sui principi generali in tema di nullità contrattuale e di buon andamento e imparzialità dell’agere amministrativo, la nullità della procedura di reclutamento per violazione di norme imperative costituisce causa di nullità virtuale dei contratti di lavoro sottoscritti in esito ad essa, a prescindere dalla circostanza che i lavoratori abbiano dato causa al vizio o ne abbiano avuto consapevolezza. Tale orientamento è stato del resto formalizzato in progresso di tempo dal legislatore con il d…
Correctness of judicial information and impartiality of the judge: the distortions of the media criminal trial
2022
This analysis, which focuses on the difficult relationship between criminal justice and judicial information, examines only some of the most controversial aspects, starting with an undisputed premise, namely that over time the function of communication in judicial matters has changed, evolving from informative to formative. I will reflect on the hiatus between the real justice as exercised in courtrooms and justice perceived by the public through media narratives, paying particular attention to the distortions of the so-called media trial and the resulting bias in the exercise of judicial power. Finally, we will consider possible solutions, which, in a perspective of striking a balance betw…
The principle of mandatory criminal prosecution and the independence of public prosecutors in the Italian criminal justice system
2010
The purpose of this article is to explain the reasons for adopting, in Italy, the principle of mandatory criminal prosecution. This rule is closely connected to the role and functions of Italian public prosecutors. The supreme guarantee deriving from the rule governing the mandatory status of criminal prosecution is to safeguard the equal treatment of all citizens before criminal law. This is possible only if criminal prosecution is the responsibility of a public body carrying out public functions without any external interference. This is the reason for the independence of public prosecutors from the other powers of the state. But, there has been a tendency to separate the status of public…
The Fairness Principle, Reward, and Altruistic Behavior
2011
The goal of this study was to investigate the relationship between reward and altruism. It was hypothesized that the altruistic behavior of someone who has been asked for help will occur only after the person asking for help has been evaluated. As a result, if the situation of a person asking for help is perceived as less fortunate, help will be given even if no proportional award is received in return, according to a principle based on need that makes people feel they should help the needy. Results show that when the participants received an unfair award, they tended to offer much bigger donations only in the condition in which the other was perceived as less fortunate. jasp_749 1110..1120…
Some Thoughts on the Independence of Party-Appointed Expert in International Arbitration
2021
Participation of experts in both commercial arbitration proceedings and investment arbitration proceedings is a well-known phenomenon for decades. A trend asking for parties-appointed experts to be independent is under development since the end of the twentieth century. The aim of this chapter is, at first, to make the point on this issue by analysing some of the most important current rules dedicated to international arbitration. The observation to be made is that the evolution described is not that developed so far in international arbitration. In a second time the need and relevance of this new requirement are addressed. It appears then that the meaning of this demand is far from being c…
L'essor de l'obligation de curiosité des parties au moment de la constitution du tribunal arbitral
2018
International audience; (Civ. 1re, 15 juin 2017, n° 16-17.108, République de Guinée équatoriale c/ Sté Orange Middle East and Africa, FS PB, inédit, D. 2017. 1306 ; Paris, pôle 1, ch. 1, 12 avr. 2016, Sté Avax c/ Sté Tecnimont, Rev. arb. 2017. 234, note E. Loquin)
La nullité de la sentence pour défaut d'imparité du tribunal arbitral
2003
International audience; (Cass. 2e civ., 21 nov. 2002, Sté Jacqmin c/ GIE des dépenses communes du chantier IPE IV, inédit)