Download or read book Nota sul rapporto tra stato di diritto e stato di giustizia written by Giovanni Sartori and published by . This book was released on 1964 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rule of Law in the European Union written by Theodore Konstadinides and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.
Download or read book Routledge Handbook of the Rule of Law written by Michael Sevel and published by Taylor & Francis. This book was released on 2024-10-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a state-of-the-art survey of the study of the rule of law across law, the humanities, and social sciences, as well as insights into the practice of building the rule of law within and among states. Its 28 chapters are by many of the world’s leading scholars of the rule of law, as well as distinguished junior scholars, from a dozen countries and representing a number of academic disciplines. The chapters are ordered to progress, first, from theory to the practice of the rule of law and, second, from the rule of law within, to beyond, the state. They divide into three parts. The first part examines the concept, history, and value of the rule of law. This section considers the importance of political and intellectual history in shaping the concept over the centuries and takes novel philosophical approaches to the connection between the rule of law and other important ideals such as justice, equality, and civil disobedience. The second part transitions from theoretical studies to accounts of practical exercises in building the rule of law. The chapters consider the challenges of rule of law reform, including the use of local intermediaries facilitating interactions between international legal aid organizations and state governments, the challenges of legal translation across vastly different societies, the pathways of knowledge among the powerless about the protective potential of the rule of law, as well as the possible future for artificial intelligence systems in helping to reinforce rule-of-law principles. The third part examines the rule of law from a number of perspectives within particular supranational and national states, such as the European Union, China, Singapore, and South Africa, among others, and concludes by considering the prospects of the rule of law beyond the state, both within and among international institutions such as the United Nations, as well as non-territorial spaces like the world’s oceans. This Handbook is aimed at rule of law scholars across law, the humanities, and the social sciences, law and development practitioners, policymakers, and advanced students and researchers who seek a state-of-the-art overview of the history, theory, and practice of the rule of law.
Download or read book The Legal Doctrines of the Rule of Law and the Legal State Rechtsstaat written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Download or read book Rule of Law written by Barbara Faedda and published by Ronzani Editore. This book was released on 2021-08-25 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Barbara Faedda Based on a division of powers and the supremacy of a constitution, the rule of law is not invulnerable, as was demonstrated in the violent attack against the U.S. Capitol on January 6, 2021. It can be used but also abused; it can be respected or exploited, exalted or undermined. It can even arouse skepticism, because it is not always effective against the realities of political life. In a world facing social division, polarization, poverty, climate change, and pandemics, it is crucial to understand the roles of those who manage, control, or are touched by the rule of law. This book’s primary goal is to showcase the variety of perspectives, cases, and methodologies of the people and institutions that bring a range of expertise to bear in many fields. The essays here – which encompass various geographic areas and social groups, as well as several historical periods – address racism, misinformation, human rights, the status of women, the treatment of indigenous peoples, the environment, and more. The rule of law is not merely a set of principles that guarantee a just society. It must be more than a tool in the hands of legal experts; it cannot be a concept out of the reach of ordinary people. It is essential that every citizen feel a clear responsibility to protect and promote the rule of law, to denounce inequalities and oppose imbalances of power, if the common goal is to enjoy freedom, democracy, and justice for all. Barbara Faedda is the executive director of the Italian Academy for Advanced Studies at Columbia University and adjunct associate professor in Columbia’s Department of Italian, where she teaches courses on contemporary Italy. Among her publications are the books Elite. Cultura italiana e statunitense tra Settecento e Novecento (Ronzani, 2020); From Da Ponte to the Casa Italiana: A Brief History of Italian Studies at Columbia (Columbia University Press, 2017); Present and Future Memory: Holocaust Studies at the Italian Academy, editor (Italian Academy Publications, 2016); and essays including “An Italian Perspective on the U.S.-Italy Relationship” (The White House Historical Association, 2016); “Neurolaw: come le neuroscienze potrebbero cambiare l’antropologia giuridica”; and “We are not racists, but we do not want immigrants.” In 2016 Dr. Faedda conceived the International Observatory for Cultural Heritage (IOCH), dedicated to all issues relating to the survival, protection, and conservation of cultural heritage. In 2019 she was appointed ambassador, permanent observer for the European Public Law Organization to the United Nations.
Download or read book Rule of Law and Democracy written by and published by BRILL. This book was released on 2010-04-06 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars address the interplay between rule of law and democracy, the most relevant ideals for our present civilisation in the legal and political spheres, at the same time making sense of the different ways in which legal requirements, social commitments, and democratic standards are expected to interweave. Through a reappraisal of the theoretical import of the concepts the contributors provide for a fresh set of inquiries, internal and external, ranging from the State, consolidated and transitional democracies, to interstate, European and global scenarios. Re-orienting the diversity in disciplinary approaches, they converge in tackling disputed empirical and normative questions in-context, and suggest further connections between the rule of law’s potential and the transformations of political arenas. Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana.
Download or read book Relocating the Rule of Law written by Gianluigi Palombella and published by Bloomsbury Publishing. This book was released on 2008-12-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Download or read book Democracy Italian Style written by Joseph LaPalombara and published by Yale University Press. This book was released on 1987-01-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes Italian politics, argues that crises that threaten to destroy the government actually make democracy there stronger, and discusses the Italian political parties
Download or read book Antitrust between EU Law and national law Antitrust fra diritto nazionalee diritto dell unione europea written by Enrico Adriano Raffaelli and published by Bruylant. This book was released on 2019-09-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the thirteenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 24 and 25, 2018 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. The contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, in-house lawyers, academics and EU/national and international institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those related to private antitrust enforcement after the implementation of Directive 2014/104/EU, and to the interplay between antitrust and intellectual property rights. Ample consideration is also given to recent developments in the field of new technologies and the related antitrust issues, as well as to the relations between consumer protection and antitrust. * * * Questo volume contiene gli atti del XIII Convegno sul tema “Antitrust fra Diritto Nazionale e Diritto dell’Unione Europea”, tenutosi a Treviso il 24 e 25 maggio 2018 con il patrocinio dell’Unione degli Avvocati Europei (UAE), dell’Associazione Italiana per la Tutela della Concorrenza - sezione italiana della Ligue Internationale du Droit de la Concurrence (LIDC) -, dell’Associazione Italiana dei Giuristi di Impresa (AIGI), della European Company Lawyers Association (AEJE-ECLA) e dell’Associazione Antitrust Italiana (AAI). Alcuni contributi sono stati sostanzialmente rivisti ed aggiornati dagli autori prima della pubblicazione. Gli articoli contenuti nel presente volume sono il frutto del prezioso lavoro di studio e approfondimento delle più interessanti tematiche correlate all’applicazione del diritto antitrust, svolto da qualificati esponenti del mondo professionale, imprenditoriale, accademico ed istituzionale, intervenuti al Convegno. I contributi pubblicati affrontano temi di estrema rilevanza, che rappr sentano il cuore delle problematiche antitrust oggi maggiormente dibattute, tra le quali spiccano, per attualità, quelle connesse al private enforcement ed al risarcimento dei danni in seguito dell’attuazione della Direttiva 2014/104/UE, nonché alle interazioni tra diritto antitrust e diritti di proprietà intellettuale. Ampio spazio è inoltre dedicato alle tematiche concernenti le nuove tecnologie e la loro rilevanza dal punto di vista antitrust, nonché ai rapporti tra tutela del consumatore e diritto antitrust.
Download or read book Index to Foreign Legal Periodicals written by and published by . This book was released on 1964 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Publications written by Duke University. Commonwealth-Studies Center and published by . This book was released on 1969 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Political and Administrative Development written by Duke University. Commonwealth-Studies Center and published by Durham, N.C. : Published for the Duke University Commonwealth-Studies Center [by] Duke University Press. This book was released on 1969 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilation of conference papers on the political theory issues implicit in transnational efforts to improve the efficiency of government, political systems and economic administration of developing countries - covers the evolution of administrative doctrines and constitutional systems in European states, social change, political leadership, the role of UN and specialized agencies, problems of economic development, etc. Conference held in bellagio 1967 jul 16 to 22.
Download or read book L amministrazione di sostegno written by Emilio Vito Napoli and published by CEDAM. This book was released on 2010-06-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume si occupa dell’istituto dell’amministrazione di sostegno, nuova disciplina introdotta nel codice civile con la legge n. 6 del 2004, che ha istituito una nuova figura (quella dell’amministratore di sostegno, appunto) accanto agli altri istituti a tutela delle persone incapaci (interdizione, inabilitazione, incapacità naturale). Secondo quanto previsto dalla legge di riforma, infatti, tutti i soggetti che, a causa di una infermità o di una menomazione fisica o psichica si trovino nell’impossibilità (anche parziale o temporanea) di provvedere ai propri interessi, possono ora essere assistiti da un amministratore di sostegno, appositamente nominato dal giudice. Sono affrontati, tenendo conto della recente normativa e della giurisprudenza formatasi in materia, tutti gli aspetti caratterizzanti questo rivoluzionario istituto, a partire dal procedimento di nomina ad amministratore, per giungere agli effetti, alla responsabilità , fino alle possibili interferenze con altri istituti di diritto privato. STRUTTURA Parte I: L'amministrazione di sostegno. Parte II: Procedimento per la nomina dell’amministratore di sostegno Parte III: Effetti dell’amministrazione Parte IV: Cessazione dell’amministrazione Parte V: Vigilanza sull’amministratore Parte VI: Responsabilità dell’amministratore di sostegno Parte VII: Possibili interferenze tra la carica di amministratore e gli altri istituti a tutela degli incapaci (interdizione, inabilitazione) Parte VIII: Interventi alternativi all’amministrazione di sostegno Parte IX: “Grandi questioni” Il volume ricalca la struttura tipica del Trattato teorico pratico di diritto privato diretto da Guido Alpa e Salvatore Patti; come è proprio di volumi del Trattato, anche questo si chiude con una parte dedicata interamente alle “Grandi questioni”. All’interno è possibile trovare una selezione di casi che rappresentano una summa delle questioni di maggiore interesse, selezionate dall’autore, accompagnate da una soluzione data tenendo conto della normativa in materia e dalla più recente giurisprudenza.
Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of State Aid in the European Fiscal Integration written by Rossella Miceli and published by Springer Nature. This book was released on 2022-01-03 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the issue of European fiscal State aid in order to provide insights into the related evolution prospects and legal problems. State aid has assumed a central position in the field of taxation, becoming the most important instrument of European legal integration, especially in the area of direct taxes. This is the result of major regulatory and interpretative development, which has altered the initial European and national balances in the face of globalization and the problems of the new economy. In this context, the scope and objectives of State aid have progressively broadened, encompassing a significant level of both positive and negative integration of European national tax systems.
Download or read book Public Procurement Law written by Duncan Fairgrieve and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.
