Search results for "state of emergency."
showing 10 items of 13 documents
Costituzionalismo dei diritti e diritto di eccezione
2010
Il costituzionalismo dei diritti limita i poteri delle autorità obbligandole al rispetto dei diritti fondamentali, nonché ad agire secondo le procedure ed entro le competenze prescritte assumendo che ciò sia necessario al fine di massimizzare, nel complesso, la protezione dei diritti; in virtù del medesimo fine, obbliga i cittadini ad osservare le direttive delle autorità delegando ad esse la tutela dei loro diritti. Ciò comprime ma non elimina la possibilità di giustificare lo stato di eccezione o il diritto di resistenza: si potrà infatti rivendicare il diritto eccezionale delle autorità a violare i limiti dei propri poteri, ovvero il diritto eccezionale a rovesciare un’autorità…
Il ruolo del Consiglio costituzionale francese nella definizione del nuovo stato di emergenza sanitaria
2020
The aim of this paper is to share some observations on the role of the French Constitutional Court in the management of the health emergency caused by Sars-CoV-19. Particularly, to examine the Decision n. 799-2020, in which the Court ruled on the constitutional conformity of the organic law 30 March 2020, which declared the suspension of deadlines to transmit and decide on the priority issue of constitutionality (QPC). With the subsequent Decision n. 800-2020 the Constitutional Court ruled on the legitimacy of the law which extended the state of emergency until the 10th of July. Both Decisions offer insights into the relationship between the Constitutional Court as well as the protection of…
Contratto ed emergenza sanitaria in Italia
2021
Questo articolo si propone di analizzare il disastro globale causato dall'epidemia di COVID-19 che ha turbato l'esistenza di quasi tutta l'umanità. Esaminare le significative limitazioni alle libertà individuali e collettive per proteggere la salute pubblica e, in secondo luogo, mitigare il più possibile l'impatto della pandemia sulle attività economiche. L'attenzione dell'articolo si concentrerà esclusivamente sulle norme che impattano sulla disciplina generale delle obbligazioni e dei contratti, tralasciando le importantissime disposizioni in materia di rapporti di lavoro, contratti di mutuo, contratti bancari e assicurativi, ecc. Verificherà fino a che punto la situazione sociale, sanit…
The Labour Market Crisis in Romania Causes, Effects and Potential Solutions
2020
Abstract We are going through troubled times, with worldwide pandemic crises affecting us altogether: citizens, companies and states. This article presents analyses and solutions to the workforce crisis of December 2019 and the workplace crisis of March 2020. Things have escalated from a workforce crisis to a new stage, namely an accelerated loss of workplaces and to a workplace crisis. In a matter of weeks, the labour market has moved from one extreme to the other extremely fast because of a very rough natural phenomenon which could not have been predicted, i.e. the global pandemic crisis caused by the COVID-19 coronavirus. It goes without saying that we all wish to achieve a relative bala…
Emergencia y garantías (en el pensamiento jurídico de Luigi Ferrajoli)
2011
Abstract: Along with Spain and United Kingdom, Italy has suffered a terrible period of political violence between 1970 and 1982 with hundreds of killings. In this paper I analyse the origins of Luigi FERRAJOLI’s theory of legal guarantee and his criticisms to Italian legislation against terrorism of that time. Therefore, I shed light on three different understanding of such a theory and I offer a review of that legislation that he labelled as «the subsystem of exception ».Moreover I will apply this conception of «special» criminal law to two famous trials against militants of a group of the extreme left. According to FERRAJOLI, these trials have been an instance of the paradigm of political…
Precarious Sovereignty in a Post-Liberal Europe : the Covid-19 Emergency in Estonia and Finland
2020
The paper addresses a puzzle resulting from the current global state of alert: the coronavirus pandemic brought us back to the world of the allegedly sovereign nation states with borders and national governments in charge, yet in fact, this retrieved sovereignty looks very vulnerable and precarious. We explain this controversy through a triad of concepts—sovereignty, governmentality, and post-liberalism—that we apply to an analysis of a corona-imposed state of emergency in Estonia and Finland. Based on comparative case study research, we posit that sovereignty is precarious in post-liberalism due to its large dependence on the technologies of responsibilization and agency. From a biopolitic…
Has Multiculturalism Failed in Europe? Migration Policies, State of Emergency, and Their Impact on Migrants’ Identities in Italy
2014
This chapter analyzes migration policies in Italy within the larger frame of the debate on multiculturalism and its failure in Europe. The first part focuses on the exceptional flow of migrants that after the recent conflicts in Northern Africa was directed toward Europe across the Italian coast. The emergency raised issues for the defense of territories, social security, and preservation of identity. The author demonstrates the inefficiency of the Italian migration and emergency policies that has been adopted at the arrival of undocumented migrants from Northern Africa in 2011. The chapter uses the case of Italy to show the weakness of Europe in developing effective forms of coexistence an…
Teachers’ Readiness for Remote Teaching During COVID-19 Pandemic: The Case of Latvia
2021
The state of emergency due to the COVID-19 pandemic influenced educational processes in schools all over the world. Teachers had a very short time to reform all their work and started to use new technologies, which increased their workload and level of stress. Information on factors affecting teachers’ readiness for remote teaching is insufficient, and we aimed to investigate it in this study. We performed a population-based cross-sectional study after the first experience of teachers working remotely during the Spring 2020 state of emergency in Latvia. We assessed the self-reported “overall readiness for remote teaching” using five sub-domains of a specific survey. We observed a reversed a…
Work-life balance during the COVID-19 outbreak: the case of Latvia
2020
This paper aims to shed light on work-life balance in Latvia during the state of emergency The COVID-19 outbreak has led many governments to introduce lockdowns While imposed restrictions may help to contain the spread of the virus, they may also result in substantial damage to population well-being The COVID-19 outbreak in Latvia demonstrates the extent and ways in which socio-demographics factors have determined different patterns of behaviour, attitudes, employment changes and harmonised work and life balance The study describes the chronological development of COVID-19 in the country It describes labour migration to and from Latvia before the COVID-19 outbreak It provides geographical f…
The management of migrants' emergency in Sicily (Italy), between suspension of rights and controversies of planning
2015
The attention of the media and international news is addressed to the migration issues, just during the landings of illegal migrants, and especially when these landings are linked to the deaths of migrants. However, for nearly thirty years, Sicily, among the Southern European regions most affected by the phenomenon of migration flows, has assumed the role of “gate” which introduces to Europe from Africa, making a bridge among nearest worlds, but often extremely different. This condition is, in fact, a historical value, given that Sicily has always been the crossroads of migration flows among Mediterranean Europe, Asia and Africa which allowed the exchange among cultures, ethnicities and rel…