Search results for "individual rights"
showing 3 items of 3 documents
Property and cross-border couples from the perspective of European regulation
2021
The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general interests, especially in matter of real estate property. The fragmentation of the discipline in EU Family law, the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately and, …
Libre circulation des travailleurs dans l'Union Européenne et tutelle des droits individuels de retraite complémentaire: un chantier inachevé
2013
Freedom of movement of workers within the EU implies adequate regulation of risks incurred by workers on the occasion of the exercise of this freedom. Among these risks, there is the possibility for community workers to lose or at least find themselves unable to give their supplementary retirement pension individual rights an unitary and continuous character when they decide to settle in another member State. What are the legislative solutions already proposed by the Community legislature and even those expected by community workers to be protected from these dangers? Provide a draft answer to this question is the main concern of this work.
Rights, the Distribution of Wealth, and Happiness: Gaetano Filangieri’s Constitutional Ideal of Justice
2018
This article presents the ideal of distributive justice of Gaetano Filangieri whose realization is entrusted to the constitutional project elaborated in his work La Scienza della Legislazione. The article shows the main features which, in the outline of the Enlightenment, distinguish the core of the Filangerian proposal: the happiness of the nation needs an equitable distribution of wealth; the definition of the perfect model of justice is founded on an original utilitarian analysis which employs elements which anticipate the marginalism of the next century; to increase both the level of national welfare and the civic participation the laws have to improve the position of the least advantag…