The issue of the link between migration and development is increasingly relevant in the global political agenda. However, the scientific discussion concerning the increased migratory flows seems to be more focused on the questions regarding admission and / or rejection of migrants on the territory of receiving countries than on the general topic of the contribution of migrants to the financial, social and cultural development of societies (of origin, transit, or destination). The volume aims at offering food for thought for the analysis of the changes occurring in modern societies, that are asked to answer thoroughly to economic and forced migration. The goal of the volume is to open discussion among experts, scholars and policy-makers, on the problematic questions, outcomes, implications and achievements on migration and development.
Almost a decade has passed since the outbreak of the economic crisis; from its original nucleus, its effects have quickly affected the social and geopolitical fields. Such wide impact and its complex implications make the crisis an object susceptible of multiple readings. The particular aim of the studies collected in this volume is to explore the impact of the crisis on law, culture and society, in order to test the depth of the problem, by comparing the analytical perspectives obtainable from legal and human sciences. The book focuses on three main issues: the crisis as a social object, in order to consider the crisis in terms of its attributing force; the problem of democracy, which is becoming an increasingly central question now, as the changes imposed by the crisis have begun to settle down; the interdisciplinary challenge that, in time of crisis, questions paradigms of knowledge, competences and methods, in order to enable an heuristic dialogue between human, social and legal sciences. ; Introduction / Massimo Meccarelli (pp. 9-12). -- The Crisis as a Social Object : -- Narrating the Crisis: Fictions of Finance in Contemporary British Novels / Silvana Colella (pp. 15-37). -- Social Rights in Crisis: Any Role for the Court of Justice of the EU? / Francesco Costamagna (pp. 39-64). -- Ripensare la nazione ottocentesca. Vecchi e nuovi paradigmi tra storia, diritto e globalità / Eliana Augusti (pp. 65-97). -- Ma cos'è questa crisi? / Carla Canullo (pp. 99-113). -- The Problem of Democracy : -- Defending Collective Sociality: The Oresteia at Shakespeare's Globe / Louise Owen (pp. 117-131). -- Representation of the Crisis vs Representative Democracy in Italy / Roberta Calvano (pp. 133-148). -- The Unbearable Lightness of the Freedom of Movement: An Analysis of the Relationship Between Brexit and Inmigration / Lucia Barbone, Erik Longo (pp.149-174). -- Représentation, perception de la crise et modification de la «sécurité sociale». Entre prédiction et anticipation, que signifie agir das un monde incertain? / Jean-Philipe Pierron (pp. 175-188). -- The Interdisciplinary Challenge : -- Intercultural Categories of Thought in Times of Crisis: The Challenge of Inter/Multi-discipinary Research / Flavia Stara (pp. 191-198). -- An Interdisciplinary Approach to International Law? Some Cursory Remarks / Paolo Palchetti (pp. 199-208). -- Rights in Times of Crisis: An Interdisciplinary Issue for Legal Studies / Massimo Meccarelli (pp. 209-219). -- Contributors (pp. 221-224).
Since 1997, the Palestinian Authority (PA) has expressed an interest in getting observer status in the WTO; this has been a step which paves the way to getting full membership in the organization. Here, the question which shall be addressed is "Does the PA possess a legal readiness which meets the accession requirements in terms of its control over Palestine's trade policy, on the one hand, and the existence of the regulations, laws and legislations which are compatible with the requirements of the accession to the WTO as well as its multilateral agreements held, on the other hand? The most important issues are outlined as follows: • The extent of the ability of the PA to enact economic laws, contributing to the creation of a legal environment that is able to respond to the rapid changes which distinguish the economic sector. • The extent of the ability of the PA to enact laws that are compatible with each other, as well as with international trade standards and the WTO's rules and requirements. • The extent of the ability of the PA to terminate or amend the Paris Economic Protocol, which limits Palestine's control over its foreign trade policy.
On 24 February 2019, the Parliament of Uganda approved the National Environment Act to provide for a correct management of the environment and natural resources. The Act was adopted in order to enhance the protection of the environment, address a strategic assessment in implementing environmental rights and sustainable development, and increase penalties for offences against nature. The relevance of this Act stands in the radical change of the legal consideration of the environment and nature. Indeed, the Ugandan legislation appears to alter the classical parameter of environmental law in considering Nature a subject entitled to its own rights with the possibility of recurring before the Courts in case of danger and/or violations. This reform marks a shift from an anthropocentric vision of the environment towards a more geocentric construction of environmental law. ; On 24 February 2019, the Parliament of Uganda approved the National Environment Act to provide for a correct management of the environment and natural resources. The Act was adopted in order to enhance the protection of the environment, address a strategic assessment in implementing environmental rights and sustainable development, and increase penalties for offences against nature. The relevance of this Act stands in the radical change of the legal consideration of the environment and nature. Indeed, the Ugandan legislation appears to alter the classical parameter of environmental law in considering Nature a subject entitled to its own rights with the possibility of recurring before the Courts in case of danger and/or violations. This reform marks a shift from an anthropocentric vision of the environment towards a more geocentric construction of environmental law.
Abstract The reform of the legal studies brought in by Cesare Alfieri di Sostegno in 1846 was a turning point for the Faculty of law of the University of Turin. This paper aims to underline the contributions given by the professors of law, in particular Felice Merlo, Luigi Amedeo Melegari and Pietro Lugi Albini, to the debate arisen in this field. The analysis highlights their belief of the importance of the legal studies, and details the subsequent legislative changes that shaped the legal cursus studiorum up to the accomplishment of national unity, with a special focus on the Bon-Compagni and the Casati laws. Keywords Legal studies – Legislative reforms-University of Turin
The issue of the Constitution in the contemporary history of Morocco as ideas and a system of laws, reflecting the political transformations that Morocco has known since independence, it is mainly related to linking the production of the Constitution to the development of concepts and institutions and their relationship to democratic construction and the establishment of a modern state in the time of independence, as well as constitutional amendments reflect the transformations known in Moroccan society, At the political or social level, the shift towards building a democratic society, the emergence of civil society and human rights organizations in the national political arena, in addition to demanding political and constitutional reforms. The research project reflects the development of the executive power in successive Moroccan constitutions, up to the 2011 constitution, with a legal comparison between the powers and competencies of the head of state with the powers and competencies of the prime minister (Head of Government), and highlighting the transformations experienced in this area in the constitutions (1962-1970-1972-1992-1996), the accumulations that led to the distribution contained in the 2011 Constitution, and the problems of practice during the previous government mandate. Considering that the existing constitutional problem in Morocco was raised primarily at the level of the Constitution of the Organization of Authorities, and in particular the dominant role that the Royal Institution has continued to play towards other institutions, it seems that the new Constitutional Document did not provide what could establish a new type of relationship between the Institution. The monarchy and other institutions, therefore, continued to perpetuate the centrality of the monarchy and its dominance over political life. Whether as the "Commander of the Faithful" or "Head of State", the King retained wide and effective competencies and powers that would allow him to remain the center of the political system and the main determinant of his orientations and decisions, and even added new powers. In addition to the availability of (reserved field) makes it a monopoly of the right of initiative in five strategic areas: religious, military, external, judicial and security, the presence of (partner) in some other competencies, does not prevent him from having The last word, as reflected in the continued subordination of the government to him, and continued interference in the work of Parliament. Moreover, giving him the power to amend the constitution through direct recourse to parliament, along with other possibilities shared with the prime minister and the parliament, makes him control and even monopolize the sub-constituent authority. His presidency of a number of constitutional institutions would further entrench his role as a "hub for institutional and political life" and would contradict the result (the imbalances of the political and institutional paths in the past, which necessitated a redefinition of the roles and functions of the royal institution to serve it. Ballot boxes, not a substitute for them, to ensure balance and separation of powers, and avoid assigning roles incompatible with each other to the same institution). Although the constitution has strengthened the powers of the government and reconsidered the nature of its installation and composition, especially when its president has been immune from the possibility of direct dismissal, it generally remains hostage to the royal will. It is clear that the provisions of Article 47 make the King retain great authority over the members of the government, both in terms of appointment and exemption, and his presidency of the Council of Ministers, which is still a necessary crossing for a number of issues makes him in control of the government's choices and directions, and initiatives Its president, and thus becomes, the actual head of the executive, the primary determinant of the general policy of the state. The study of the 2011 Constitution, especially the executive, is of great importance for several considerations, as it is considered an authority directly related to public policies, as it reflects the local community to which it belongs and represents it in many aspects. Therefore, the study of the executive authority and the perception of the characteristics and mechanisms that control relations between its elements, An important aspect that this research seeks to highlight. The importance of this subject lies in reading the constitutional revisions and the impact of national and international changes in their visibility, with a focus on the context of the Arab Spring, which resulted in the new constitutional review. It also seeks to reveal the relationship between the Royal Institution and the Prime Minister's Institution and the gradual transfer of government competencies in order to find the balances required for the continuation of the performance of its roles as required, and read the past government experience as a constituent mandate, being the first government under the new constitution.
On 20 December 2017, the Commission of the European Union proposed the Council to adopt a decision on Poland under Article 7(1) of the Treaty on European Union. According to the Commission, this initiative was triggered by the judicial reforms delivered in Poland over the past two years. The reforms are accused of having put the country's judiciary under the political control of the ruling majority, thus representing a clear risk of a serious breach of the rule of law. The paper provides an account of the main legal changes introduced by the reforms, trying to highlight the principal legal concerns raised by them and the future possible scenarios
The collection of legal consilia of the Milanese jurist Signorolus de Homodeis senior (c. 1300-1371) is examined to show how a reputed man of law, who successfully taught in various Italian Universities, was called to give an interpretation of the socio-political changes that unravelling during the fourteenth century. The grants of pardon and grace, the criminal procedures, the rise of the Visconti dynasty at the expense of the communal institutions, the changing role of magistrates and officials, the procedures of public debt, the agreements of mutual protection between territorial powers: all of these topics were submitted to the jurist for opinion and examined in the light of legal knowledge. Even the lawyer's mindset, shaped in the tradition of Roman law, was often bent and adapted to suit the new demands and needs. ; La raccolta di consilia del giurista milanese Signorolo Omodei senior (1300 ca.-1371) è esaminata per mostrare come un reputato uomo di legge, che insegnò con successo in diverse sedi universitarie, fu chiamato a interpretare i cambiamenti che stavano intervenendo nella società e nelle istituzioni del suo tempo. Le concessioni di grazie, le procedure criminali, l'emergere della dinastia signorile viscontea a scapito delle istituzioni comunali, le novità finanziarie, i patti di reciproca tutela tra potenze furono tra i temi sottoposti al suo consulto, e analizzati alla luce della sapienza legale. La stessa forma mentis del giurista, plasmata dalla tradizione del diritto romano, fu spesso piegata e adattata a nuove esigenze e bisogni.
Naples, Federico II University, June 17th, 2019. Violence against women is a pervasive and obscure phenomenon and compliance with the Istanbul Convention indicates to technicians the way to avoid women fleeing institutions, exposing themselves and their children to greater health risks that's life. In this framework, the Naples Protocol was created to share the basic criteria on which to base technical consulting in disputes for child custody. It is a turning point, in an institutional frame that penalizes, in the courts, mothers who denounce partners and fathers for violence. The protocol invites the community of psychologists to take the field alongside the victimized mothers especially after the legislative proposals (Ddl Pillon) which introduce important changes on the issues of parenting; it does this by urging a new awareness of the technicians, who combine science and knowledge with women's rights. ; Napoli, Università Federico II 17 giugno 2019. La violenza sulle donne è fenomeno pervasivo e oscuro e il rispetto della Convenzione di Istanbul indica ai tecnici la strada per evitare che le donne fuggano dalle istituzioni, esponendo se stesse e i figli a rischi maggiori per la salute e la vita. In questa cornice il Protocollo Napoli, nasce per condividere i criteri base su cui fondare le consulenze tecniche nei contenziosi per l'affido dei figli. È una svolta, in un panorama che penalizza, nei tribunali, le madri che denunciano partner e padri per violenza. Il protocollo invita la comunità degli psicologi a scendere in campo al fianco delle madri vittimizzate specie dopo le proposte legislative (Ddl Pillon) che introducono importanti modifiche sui temi della genitorialità; lo fa sollecitando una nuova consapevolezza dei tecnici, che coniughi scienza e conoscenza con i diritti delle donne.
n a few months' time, at the end of July 2021, the President of the Republic's white semester begins, i.e. the last six months of his mandate, during which he will not be able to dissolve Parliament. In this regard, it should be noted that the current Head of State has so far been careful not to use this instrument which, unlike in other legal systems - think of the French semi-presidential regime - does not have a political dimension.In the Italian legal system, the President of the Republic, as is well known, can resort to the power of dissolution only in cases where the conditions of governability are no longer met, i.e. when there is no majority in Parliament capable of supporting and voting in favour of the government to be formed. ; Tra qualche mese, a fine luglio 2021, comincia il semestre bianco del Presidente della Repubblica, ovvero gli ultimi sei mesi del suo mandato, nel quale non potrà sciogliere il Parlamento. In merito, è da notare che l'attuale capo dello Stato, fino ad oggi, si è guardato bene dall' utilizzare tale strumento che, a differenza di altri ordinamenti – si pensi al regime semipresidenziale francese – non ha una dimensione politica.Nell'ordinamento giuridico italiano, il Presidente della Repubblica, com'è noto, può far ricorso al potere di scioglimento soltanto nei casi in cui non vi siano più le condizioni di governabilità, ovvero quando in Parlamento non sia presente una maggioranza, tale da sostenere e votare la fiducia al costituendo Governo.
Within the Italian criminal justice system, the role of the victim has become increasingly important. Despite this trend, the victim still stands on the edge of the post-sentencing stage. This is reflected in the fact that the topic of the victim-offender mediation has been analysed deeply as a kind of diversion to the trial but not, or at least far less, in relation to the issues concerning the enforcement of penalty. The paper is aimed at filling this gap. As a starting point, it is to be highlighted that the irrevocability of the conviction poses advantages but also critical aspects in the perspective of reconciliation. In this context, surely the effort of the convicted person to review his/her criminal past critically and rebuild his/her relationships with the victim plays a central role. However, according to the restorative justice model, an interaction between the victim and the offender shall take place. This means that both parties have to assume a proactive role in the attempt of mutually rectifying, with the assistance of a mediator, the conflict originated by the commission of the offence. The analysis of both the provisions and the case law on probation (article 47 comma 7 ord. penit.) and volunteer work (art. 21 comma 4-ter ord. penit.) points out that the mentioned key-principles are not abided. Against this background, a radical change is proposed in order to introduce a mediation model based on individualized and relational elements in the post-sentencing stage. ; Nel sistema italiano, la vittima, sebbene abbia assunto un ruolo di crescente importanza, resta ai margini della fase di esecuzione della pena. All'indifferenza legislativa se ne aggiunge un'altra: il tema della mediazione – al centro di diffuse analisi sul piano delle possibili alternative al rito ordinario – risulta esaminato in modo superficiale nel quadro delle dinamiche esecutive. L'articolo intende offrire un contributo utile a colmare questa lacuna. Nelle linee di fondo, il tratto distintivo della mediazione in executivis è ...
The principle of equality, as widely accepted, contains both the profile of formal equality - i.e. the prohibition of unjustified discrimination - and the substantial one, essentially coinciding with the realization of the conditions of emancipation of disadvantaged subjects. In this second perspective, the principle of equality has been emphasized more for its political importance than for the construction of the tasks of the State and the regime of the activity of private subjects. With the affirmation of the neo-liberal ideology, the globalization of the market and technology and in the face of the fiscal crisis of the State, the political impulses that sustained the demand for equality as a claim on the State has suffered a radical eclipse. This is confirmed by the emergence of reflection on individual inequalities. The latter identify the person since his economic relations or of his specific social roles, breaking the unity of person itself. Substantial equality, therefore, ceases to be a general claim of the person, central to the legal system, to make way for positive actions with respect to some specific roles that the person plays in social and economic relations. The legal debate has punctually followed this new direction; those who have dedicated themselves to the theme of substantial equality, have done so by posing the theme as a political question. On the other hand, it seems necessary to pose the problem of the importance of the principle of substantive equality as a pure legal norm. Methodologically, the aim is to indicate which elements of change in the legal system are important and to indicate their role in the problem of equality. The aim of the essay is to indicate the properly juridical importance of equality, placing it in the dynamics of fundamental rights in their relationship with the Republic. In this perspective, if a portion of sovereignty is permanently retained in fundamental rights, equality is the measure of the task - of all public and private bodies - of making available the ...
This paper reports the data of an exploratory research conducted with a group of Roman citizens who were asked what they thought about the possibility of assessing the parenting of families considered at risk over the parental expertise. Citizens were interviewed and the interviews were submitted to AET, Emotional Analysis of the Text. Assessing parenting often involves families with internal conflicts. We think the conflict is not only there. Conflicts also cross the theoretical, legal, and political hypotheses, which base the opportunity to intervene within the issues involved in parental evaluation. They are also found in the relationship between families and services. Legal and sociological literature advise the presence of these conflicts and discuss the issues; whereas the psychological and psychiatric one is focused on the application of techniques, whether they are evaluation, psychotherapy, re-education. This perspective does not consider the conflicting complexity which founds the parental evaluation, but it is focused only on the family. We were interested in analysing, in this context, what is the citizens' perception of the evaluation of parenting, who are their potential customers and users; in particular, if and how these conflictual dynamics are perceived by them. After the analysis of the interview, the data outline three cultures. One proposes the traditional Italian family, the feminised family and designated to the care of members in difficulty within the home wall; family today in a strong crisis within processes of change. Another proposes the centrality of the court and the legal culture, founded on evaluations and resolving actions that often can result in child custody actions. These two cultures contrast: when the traditional family is missing, the court appears. There is no counseling which concerns the changes of the family. Psychological and neuropsychiatric counseling agencies do not appear in the data, except for social services, in any case subordinated to the court. A third culture proposes an "ideal" adult, who with balance and reflection skills, has to face a fearful context, but it is an isolated individual, without a relational context of reference. This culture seems to opposite the dissolution of relational contexts – state, organizations, family – to the idealized individual, self-determined and alone. The development of psychological function in the assessment of parenting concerns two aspects: the importance of studying the complexity of the social mandate and the intervention with the conflicting relationships of the family and of all the other actors involved.
Inclusive legal positivism has been in the limelight for some time. There are several reasons for this. Among the structural reasons for this general change of direction within general jurisprudence are cultural changes such as the renewed interest for theory of action or normative methodology. This paper discusses José Juan Moreso's contribution to this debate. The paper focuses especially on the thesis that there would be no connection between non-cognitivism as set out in meta-ethics and positivism in legal theory. This thesis is really the outcome of a compound of different positions: on the political level, the question concerns the possible relationships and tensions between democracy and liberalism. On the ethical and foremost meta-ethical level, the issue basically revolves around the relation between cognitivism and expressivism; and, on the level of legal theory, Moreso attempts to resolve the problem that Benedetto Croce, a century ago, compared to the difficulty of sailing around Cape Horn, i.e. to connect the law and ethics. The paper is divided into five sections. In the first section of the paper, a few historical remarks are made. In section two, I look at how natural law is defined in Moreso. In section three, some observations are made on how legal positivism is qualified in relation to natural law. In section four, I suggest a possible criticism of the conception of moral relativism used by Moreso and recommend an alternative conception that hopefully grasps further features of the way the problem is frequently discussed. Finally, some methodological remarks are made: the choice of disregarding the distinction between authentic and inauthentic normative propositions leads Moreso to conceive the object of dispute between cognitivists and expressivists in an unfruitful way. The lack of distinction between the role played by belief on the one hand and conative attitudes on the other makes it hard, if not impossible to grasp what exactly is the object of this dispute. In fact, their opposition, instead of representing a fertile scientific dialogue becomes similar to a situation where people are talking pass each other. If this outcome is to be avoided and the two positions reconstructed properly, an account of what constitutes belief should complement the theory. Probably greater focus is also needed on what is considered to be the primary function of normative propositions.