Search results for "ruling"
showing 10 items of 17 documents
La disciplina delle concessioni balneari e l’evaporazione del diritto liquido
2023
Nel contributo si riconsidera il complesso scenario creatosi a seguito degli ultimi sviluppi in materia di rinnovo delle concessioni demaniali marittime con finalità turistico-ricreative. Sintetizzati degli eventi più significativi che hanno interessato il settore, si riflette sul futuro della disciplina delle concessioni balneari alla luce dello scontro frontale tra gli obiettivi perseguiti dal legislatore nazionale e gli obblighi pro-concorrenziali di matrice europea promossi dalla giurisprudenza amministrativa. This contribution aims to provide some considerations on the complex scenario created as a result of the latest developments in the field of maritime state concessions for tourist…
Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo
2021
The Sentence of the Court of Justice of the European Union of July 9, 2020 comes to answer the five questions that, in its preliminary question, the Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clauses, establishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16, 2017, in the sense of considering the agreed floor clause null as a consequence of the novation agreement and, subsequently, those of April 11, 2018 and September 13, 2018 in the opposite direction, declaring that the novation agreement was valid. It is a long-awaited and in…
The shifting evocations ofsquadrismo:remembering the massacre of Palazzo d’Accursio in Fascist Bologna
2016
AbstractThe massacre of Palazzo d’Accursio is considered one of the first events in the rise of the Fascist squads. This article analyzes the ways in which the event was described in Bologna during the twenty years that followed it. It is believed that in the first few years, commemorations that emphasized the role of the Fascist squads were not very common. Instead, they concentrated on the life of Giulio Giordani, a murdered lawyer and opposition councilor, who became a martyr. Members of the city’s ruling class, especially lawyers, developed their own rituals of commemoration, but the establishment of the regime led to the acquisition of the commemorations of Giordani by Fascism, reflect…
The Fascist Ruling Class. A Geography of Power between Centre and Periphery
2022
How did the fascist ruling class consolidate? From which parts of the country did the new notables of the regime come? What was their geographical, age and cultural background? The essay aims to answer these questions by analysing in particular the list of general secretaries of the National Fascist Party, the federal secretaries of the provinces and the prefects,
OS ECJ-TF 2/2016 on the Decision of the Court of Justice of the European Union of 13 July 2016 in Brisal and KBC Finance Ireland (Case C-18/15), on t…
2016
This article examines the decision of the CJEU in Brisal and KBC Finance Ireland (Case C-18/15) of 13 July 2016. Following a Portuguese reference for a preliminary ruling, the Court's decision provides further clarification on the permissibility of withholding taxation within the European Union. In relation to interest, the Court held that non-resident taxpayers may be subject to withholding taxes (even if comparable residents pursuing the same activity are not) but that non-residents may nevertheless not be taxed on gross income (when comparable residents are taxed on net profits) and are, therefore, entitled to deduct expenses directly connected to their business activity.
Clinical Sociology and Moral Hegemony
2013
The article presents a critique of a dominant way of analysing gang conflict in Norwegian sociology. The research in question uses a rather crude Marxist analysis that could somehow fit any gang conflict in the country. However, this kind of analysis was gradually put in question first by professor Ottar Brox and his criticism of the moral hegemony by a group of Marxists gathered around the publication “Klassekampen” (“Class Struggle”). Then the analysis was challenged by gang-researchers who reached back to the classical study of Frederic M. Thrasher, finding the latter more fruitful for analysis. Antonio Gramsci (1891- 1937) who coined the term cultural hegemony used it to describe how a …
An Only Child without “Younger Brothers”: Contrada v. Italy (No. 3) and the Never-Ending Saga of the Relationship between Italian Courts and the ECtHR
2020
Corte di Cassazione (Sezioni Unite Penali), 3 March 2020, No. 8544 Criminal proceedings against Stefano Genco
Reati-presupposto e applicabilità della legge Severino: considerazioni a margine della sentenza della Corte costituzionale n. 35 del 2021
2021
The article examines the recent decision of the Italian Constitutional Court (n. 35/2021), concerning the so-called «Legge Severino» (that provides for the ineligibility of those sentenced to certain crimes). It tackles the still-resisting doubts on the constitutional legitimacy of the above-mentioned statute law. It considers the asserted lack of proportionality caused within its application after certain non-final rulings, because of the unlikelihood of their becoming final convictions.
Il caso Mortier c. Belgique. L’eutanasia conseguente a sofferenze psichiche
2023
Il saggio esamina la pronuncia della Corte Europea dei Diritti dell'uomo sul caso Mortier c. Belgio ed evidenzia lo scivolamento della giurisprudenza europea verso la regolamentazione dell'eutanasia per sofferenze anche psichiche negli ordinamenti degli Stati membri.
El Tribunal de Justicia de la Unión Europea como garante de derechos constitucionales en los Estados: la doctrina Taricco
2021
In which scenario can the Court of Justice of the European Union appear as guarantor of the fundamental rights contained in the Constitution of a State of the Union? The analysis of the CJEU in the M.A.S. and M.B., in a preliminary ruling raised by the Italian Corte costituzionale, following the previous Taricco case, gives the CJEU the opportunity to draw this scenario, in a matter related to the criminal prescription in relation to value-added tax.Summary:I. Consecutive processes. II. Ivo Taricco case: principle of primacy. 1. Conformity with Union Law 2. Consequences of the incompatibility with the Law of the Union 3. Fundamental rights. III. M.A.S. and M.B. case: constitutional rights. …