Search results for "presumption"
showing 10 items of 15 documents
The presumption of innocence in the EU competition law
2022
This Bachelor thesis aims to analyse the application of the presumption of innocence in the EU competition law, more precisely in the anti-cartel proceedings. In addition, this thesis will provide the analysis of the categorisation of the competition law. This, in turn, is a topical debate due to the fact that in competition law the penalties are comparable to criminal charges notwithstanding the administrative procedure. The thesis will try to answer the question “To what extent is the presumption of innocence applied in the EU anti-cartel procedure?”. This paper's primary objective is to identify the procedural rights of cartel members, analyse their implementation, and emphasise any pote…
Presumption of Innocence and Deterrence
2018
This paper deals with the presumption of innocence and the law enforcer's incentives to exert investigative effort. Our main result is that, even if the presumption of guilt maximizes deterrence for a given effort by the law enforcer, divergent objectives between the law enforcer (who maximizes the probability of a conviction weighted by the magnitude of the sanction and the type of the citizen) and the public decision-maker (who minimizes social costs) may lead the latter to prefer the presumption of innocence. Indeed, the presumption of innocence may induce the law enforcer to increase investigative efforts thereby improving deterrence. As a consequence, if the law enforcer's effort is re…
Moda y Arte en el diseño de autor argentino
2019
El presente artículo presenta una exploración acerca de la cuestión del arte y la moda.A partir de la presentación de dos casos de “diseño de autor argentino”, se intenta responder a lapresunción de incluir o no dentro de lo que se considera arte a las pequeñas colecciones realizadas por creadores argentinos. Para ello, se exponen casos específicos de dos reconocidos referentes: Luz Príncipe y Marcelo Senra. Finalmente, se hace alusión a algunos de los movimientosculturales que han sido emergentes del descontento social debido, entre otros motivos, a lascrisis económicas y a los cambios producidos por éstas. Este descontento social se manifestóen todas las áreas del arte. Los artistas prego…
Stolen innocence? Observance of the EU Directive on presumption of innocence by Spanish crime reporting
2021
This paper examines the compliance of Spanish crime reporting with the principles of the 2016 EU Directive on presumption of innocence, which aims at preventing the publication of information that might bias the public and the jurors against the suspect. A content analysis applied to a sample of 200 crime news stories published by eleven of the most popular print and online news platforms in 2018 reveals that the Spanish press coverage of crime is centered around the pre-trial and sentence stages, with little attention to the oral trial. The full name and the face portrait of the suspect appear in roughly one-third of the stories, but this overwhelmingly happens in news stories reporting on…
Towards an integration of individualistic, networked, and institutional approaches to online disclosure and privacy in a networked ecology
2020
In this paper, we review three different approaches to disclosure and privacy: a) an individualistic approach, which emphasizes an individual's control over information access and flow, b) a networked approach focused on information flow in horizontal relations between people, and c) an institutional approach concerned with public and societal privacy risks from platforms, providers, and governments. These approaches co-exist largely independently of each other in privacy and disclosure literature. However, with overlapping public and private spheres of communication where a presumption of individual agency over personal information is no longer tenable, we argue for the importance of bridg…
Spanish riders law and the right to be informed about the algorithm
2021
The Spanish Government has introduced a regulation which establishes: i) the presumption of employment in digital delivery platforms, and ii) the right of workers’ representatives to be informed about the parameters, rules and instructions on which the algorithms that may have an impact on working conditions are based. This article describes the new law and analyses the novelty of this regulation and its expected impact. The main conclusion is that with this law the Spanish legislator is seeking to clarify that the new technological options – digital algorithms and platforms – are simply the means of performing an economic activity and therefore people who render services within their scop…
A critical analysis of corruption and anti-corruption policies in Italy
2020
Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on proc…
La prova privilegiata «sbiadita» e le ambizioni frustrate del contraente a valle.Spunti per una presunzione legale iuris tantum
2023
L'A. esamina criticamente l'orientamente recentemente emerso in giurisprudenza e da ultimo confermato dal Collegio di Coordinaento ABF, secondo cui l'accertamento della violazione concorrenziale, condotto dall'Autorità antimonopolistica competente e cristallizzato in provvedimento divenuto definitivo, non potrebbe comunque valere quale prova privilegiata in relazione a fattispecie contrattuali perfezionate successivamente alla sua emanazione. Nel rilevarne la contraddittorietà con l'interpretazione avallata dalle Sezioni Unite della Cassazione, che vuole i contratti di fideiussione omnibus, a valle di NBU, fulminati da nullità paziale, l'A. argomenta invece l'esistenza nel sistema di una pr…
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 defendant’s guilt beyond a reasonable doubt in the Italian criminal justice system
2021
The criminal law standard of Beyond A Reasonable Doubt (BARD) constitutes an evidentiary and judicial rule, formulated and applied for centuries in common law jurisdictions, which was expressly stated in the Italian Code of Criminal Procedure only about fifteen years ago. Unfortunately, the concept of reasonable doubt is inherently complex and does not easily lend itself to definition or refinement. In this regard, the Author examines especially the various positions and elaborations developed by legal literature and case-law in Italy, proposing a specific interpretation of the BARD rule that enhances and completes the particular procedural connotations of the adversarial system adopted i…