Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Download or read book Solidarity and Rule of Law written by Teresa Russo and published by Springer Nature. This book was released on 2023-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States. The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research. Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.
Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.
Download or read book Constitutional Framework of European Labour Law in Italy France Germany Portugal and Spain written by Luís Gonçalves da Silva and published by Springer Nature. This book was released on 2024-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Download or read book Constitutionalism and Transitional Justice in South Africa written by Andrea Lollini and published by Berghahn Books. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Download or read book Cliccare Obbedire Combattere written by Serena Bianchi and published by OMBand D.E.. This book was released on 2013-11-27 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Può il M5S realisticamente aspirare al 100% dei voti alle prossime elezioni, superando in questo modo il record attuale che si attesta al 99, 84% e resiste dal 1934? Si può sostenere che colui che "al tempo della rete si presenta come leader andrebbe sottoposto a trattamento sanitario obbligatorio” e poi autonominarsi ufficialmente capo di una forza politica? Il Sole 24ore sostiene che il blog frutti almeno cinque milioni annui. Sarà la volta buona per dimostrare che si può guadagnare con la politica senza rubare? Si troverà un accordo tra coloro le cui entrate aumentano nonostante la loro volontà di decrescita felice, e la maggior parte delle persone, le cui entrate invece diminuiscono a dispetto del loro desiderio di un po’ di crescita felice? Con il marchio registrato l’eredità politica diventerà eredità tout court? Tra i tanti vantaggi offerti dalla rete possiamo includervi quello di guidare un partito da casa senza passare da assenteista? A proposito della democrazia diretta, sono gli italiani pronti a diventare stato quando ancora faticano a diventare condominio? Se tu fai parte di un partito padronale dici quello che vuole il padrone, se fai parte del PD dici tutto e il contrario di tutto, ma che succede se fai parte del partito dell’ego? Si può certificare l’onestà? E quanto dura tale certificazione? Va rinnovata periodicamente? E sarà sufficiente l’onestà o ci vorrà pure la competenza? Basterà che il cuoco non rubi per mandare avanti il ristorante, oppure dovrà anche saper cucinare? Il non-statuto si distingue da un comune statuto perché eterno e immutabile? Innumerevoli misteri aleggiano nell’universo 5S. Questo libro indaga e prova a fare un po’ di luce.
Download or read book Employment Policies and Multilevel Governance written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares multilevel manpower and social policy in five EU member states, with one chapter also on the Canadian federal model.
Download or read book General Principles of Law The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Download or read book Comparative Executive Power in Europe written by Marcel Morabito and published by Taylor & Francis. This book was released on 2023-07-18 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an up-to-date interdisciplinary assessment of the accountability of executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics, and policy-makers in constitutional law and politics, public law, comparative law, comparative politics, legal history and government.
Download or read book Law and Language written by Anna Pintore and published by Global Academic Publishing. This book was released on 1997 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines how Italian legal theory, since Bobbio and Scarpelli, has made a distinctive contribution to modern jurisprudence, in analyzing the constitutive, logical and significatory aspects of language for law, largely in the light of neo-empiricism and the philosophy of language.
Download or read book Social Security Law in Italy written by Simonetta Renga and published by Kluwer Law International B.V.. This book was released on 2022-11-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book describes the social security regime in Italy. It conveys a clear working knowledge of the legal mechanics affecting health care, employment injuries and occupational diseases, incapacity to work, pensions, survivors’ benefits, unemployment benefits and services, and family benefits. The analysis covers the field of application, conditions for entitlement, calculation of benefits, financing, the institutional framework, and relevant law enforcement and controls. Allowances for retirees, employees, public sector workers, the self-employed, and the handicapped are all clearly explained, along with full details of claims, adjudication procedures, and appeals. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling social security matters in Italy. It will be of practical utility to those both in public service and private practice called on to develop and to apply social security law and policy, and of special interest as a contribution to the comparative study of social security systems.
Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by . This book was released on 2020 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.
Download or read book Freedom of Religion Security and the Law written by Natascia Marchei and published by Taylor & Francis. This book was released on 2024-05-27 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a new key to understanding how to manage the processes of integration of religious diversity in multifaith societies. Written by leading experts in the area, the work reveals the importance of avoiding simplistic conclusions and unfounded prejudices about religious freedom, and of limiting restrictive or repressive interventions to situations of genuine danger. The book will be an essential resource for researchers, academics and policy-makers working in the areas of Law and Religion, Human Rights Law and Security Studies.
Download or read book Studi per Giovanni Nicosia written by and published by Giuffrè Editore. This book was released on 2007 with total page 4371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Staat und Staatlichkeit in Der Fr hen R mischen Republik written by Carmine Ampolo and published by Franz Steiner Verlag. This book was released on 1990 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aus dem Inhalt: W. Eder: Der Buerger und sein Staat / Der Staat und seine Buerger. Eine Einleitung � Sektion I: Politik und Religion, mit Beitr�gen von: Jerzy Linderski, Paul M.Martin, Mario Torelli � Sektion II: Quellen und Quellenkritik, mit Beitr�gen von: Juergen von Ungern-Sternberg, RonaldT. Ridley, Gabriella Poma, Elizabeth Rawson �, Jean-Claude Richard, Wilhelm Kierdorf � Sektion III: Interdisziplin�re und vergleichende Methoden, mit Beitr�gen von: Jochen Martin, Ed-ward Ch. L. van der Vliet, J�rgen C. Meyer, Robert W. Wallace, Sarah C. Humphreys � Sektion IV: Recht und Verfassung, mit Beitr�gen von: Leo Peppe, Giuliano Crif�, Dieter Timpe, Hartmut Galsterer � Sektion V: Magistratur und Gesellschaft, mit Beitr�gen von: Adalberto Giovannini, Karl-Joachim H�lkeskamp, Ernst Badian � Sektion VI: Wirtschaft, Expansion und innere Entwicklung, mit Beitr�gen von: Carmine Ampolo, William V. Harris, Kurt Raaflaub � Literaturverzeichnis, Quellenverzeichnis, Index geographischer Begriffe, Index antiker Namen, Index moderner Autoren.
Download or read book Improving Workplace Quality written by William Bromwich and published by Kluwer Law International B.V.. This book was released on 2017-05-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has developed in workplace studies around the concept of ‘well-being at work’ in an awareness that such apparently distinct aspects as health and safety, discrimination, labour market integration, and work-life balance converge in the workplace and are best treated as one complex phenomenon. This important book offers twelve contributions by distinguished international scholars from a range of disciplinary domains, providing an in-depth analysis of ongoing changes in the world of work and their impact on personal well-being. The contributors place specific workplace experiences in a comparative perspective, examining policy and regulatory initiatives and judicial rulings at national, regional, and international levels. The case studies are drawn from Italy, France, the United States, Russia, and developing countries. The essays examine recent legal developments in such topical issues as: – atypical and non-standard work; – child-care leave; – company-level welfare provisions; – disability; – harassment; – low-wage workers and employment benefits; – misperception discrimination; – public policy in care services; – unemployment and mental health; and – work/family conciliation policies. Providing a detailed overview of recent developments in policy and jurisprudence in a comparative perspective regarding discrimination, work-life balance, and workers’ integration into the labour market – as well as a guide to best practices in promoting well-being at work – this book will prove indispensable to labour and employment law practitioners, as well as to work organization, occupational medicine, mental health, and human resources professionals.
