Search results for "lcsh:Law in general. Comparative and uniform law. Jurisprudence"
showing 10 items of 66 documents
A new and controversial scenario in the gathering of evidence at the European level: The proposal for a directive on the European investigation order
2014
In April 2010 a group of EU Member States proposed a Directive on the European Investigation Order, an instrument which, if adopted, will significantly change the way in which evidence is gathered at the EU level. After the failure of the EEW, which focused on the exchange of evidence which had already been gathered, the objective of the new text is to create a single instrument for obtaining all kinds of evidence located in another Member State. The aim of this paper is to examine, within the current framework, the suitability of this new instrument, with particular reference to its impact on the rights of defendants.
Perioperative and anesthetic deaths: toxicological and medico legal aspects
2019
Abstract Background Anesthesia has become safer during decades, though there is still a preventable mortality; the complexity of medical and surgical interventions, increasingly older and sicker patients, has created a host of new hazards in anesthesiology. In this paper, some of these perioperative (PO) fatal adverse events are investigated in terms of health responsibility. Selective literature research in several data bases, concerning perioperative and anesthetic deaths and medical responsibility, was performed. Main text A generally accepted definition of the anesthesia and perioperatory-related death still remains one of the major concerns in forensic pathology, and the terms “operati…
Criterio para establecer el plazo de recurrir el silencio administrativo negativo
2012
En nuestro ordenamiento vigente hay normas y principios contradictorios relativos a la existencia de un plazo preclusivo para la interposición del recurso contencioso en el supuesto de desestimación por silencio administrativo de las solicitudes o recursos presentados por los interesados. Una amplia corriente jurisprudencial del TC ampara, al menos, la ampliación de los plazos legales establecidos en la LJ aunque no los ha declarado, expresamente, inconstitucionales, mientras que el TS carece de una posición unitaria en la materia. El trabajo pretende la individualización de un criterio para armonizar la obligación de la Administración de resolver de forma expresa y, el correlativo derecho …
The Role of the Prefect in the Italian Legal System
2014
Any approach to the prefectoral institute, as it appears today as result of the recent changes introduced in the Italian legal system over the last years, cannot be reconstructed by starting from government representation, and consequently, from the fundamental character of several competences of the Prefect in Italy in the light of the deep reforms of the Italian public administration in the perspective of the “multi-level constitutionalism” the progressive emergence and developments of organs, structure and procedures that create legal norms and impose such norms on citizens of different national states3.
El derecho de los parlamentarios a recabar documentación administrativa. Nuevas perspectivas jurisprudenciales a raíz de su creciente judicialización
2019
For just over five years, for the first time in our democratic history, the right of parliamentarians to collect documentation from public administrations has been judicialized in the contentious-administrative way. A cluster of cases with a single common focus: tense government-parliament relations in the Valencian Community. This conflict has led, in the course of these years, to a high number of resolutions of both the Superior Court of Justice of the Valencian Community and the Supreme Court. A total of more than forty sentences that have had a considerable impact on the delimitation of this right. This article examines these judicial resolutions and offers a global analysis of the inte…
Death of a 23-year-old man from cardiac conduction system injury through a blunt chest impact after a car accident.
2014
Abstract Cardiac contusion, usually caused by blunt chest trauma, has been recognized with increased frequency over the past decades. Traffic accidents are the most frequent causes of cardiac contusion resulting from a direct blow to the chest. Myocardial contusion is difficult to diagnose; the clinical presentation varies greatly, ranging from a lack of symptoms to cardiogenic shock and arrhythmia. Although death is rare, cardiac contusion can be fatal. The authors report a case of death due to a cardiac conduction system injury from a blunt chest impact following a car accident. The autopsy showed no external signs of thoracic trauma, no evident rib or sternum fractures. A small sub-endoc…
Unsolved questions and preferred solution about living will
2018
Abstract Background Ethical problems about end-of-life medicine include a variety of issues approached in different ways by physicians and, more recently, special emphasis to this kind of ethical issues and possible answers has done by Italian National Ethical Committee in the issue named “Deep and continuous palliative sedation in the imminence of Death” (January, 2016). The debate is very critical in Intensive Care Units and Cancer Wards, where health care professionals face-off with terminally-ill patients is an outright routine; the Authors investigated their medical knowledge and ethical perception about patient critical and terminal condition to discuss the most relevant conclusions. …
The periodic reporting procedure of the United Nations System and the human right to water: opportunities and challenges
2020
A água é fundamental para a vida. Contudo, foi apenas nos anos 70 que o acesso a este bem começou a ser discutido, a nível internacional, como um direito humano. Antes disso, algumas Convenções e Tratados das Nações Unidas reconheciam, de alguma forma, o direito à água, mas tal direito tinha que ser inferido de outros direitos ou estava limitado à uma determinada categoria de pessoas. Independentemente das suas limitações, estes textos podem reforçar a aplicação do direito humano à água, especialmente através dos seus mecanismos de monitoramento: os relatórios periódicos e os casos litigiosos. Assim, o objetivo deste artigo é analisar em que medida o mecanismo de relatórios periódicos pode …
Is there a latin american child migration law? An analysis of the ‘Advisory Opinion n. 21 on the rights of child migrants’ rendered by the Inter-Amer…
2019
In 2014, in response to the request of the Southern Cone countries, the Inter-American Court of Human Rights issued an Advisory Opinion on the rights of migrant children in an attempt to emphasize the minimum guarantees that the countries of the region should grant to this category of migrant, especially considering their hypervulnerability when compared to adult migrants. Such request, made in the light of the growing migratory flow of unaccompanied minors in the Americas, has led the Court to point to a number of rights that should be particularly guaranteed, such as the right to seek and receive asylum, non-criminalization, non-detention, and non-return of minors, culminating in the desi…
Medico legal procedures related to sexual assault: a 10-year retrospective experience of a Daphne protocol application
2018
Background: Sexual assault is a worldwide problem that has not yet been sufficiently acknowledged as confirmed by the literature. Italian law n.96, 1996, foreseeing norms regarding rape and sexual abuse, finally gave significant relevance to sex crimes. In 2004, the European Commission for Justice Internal Affairs and Social Politics promoted the Daphne II program to support victims of rape and abuse, and the Violence and Operative Healthcare Networks (Ve.R.S.O.) project started at the Policlinico âP. Giacconeâ University Hospital of Palermo in 2006. Aim: data analysis emerging from 10 years experience of Daphne protocol utilization for the management of sexual assault victims. Methods:…