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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 ...

The Author briefly summaries the legislative history of Italian social security cover for extra-occupational tuberculosis, and lists the economic benefits that the National Institute of Social Security (INPS) reserves for the individuals who are insured with it and suffer from this disease, describing both the administrative and health requirements. Thus, the publication attempts to place the purely conceptual medical-legal aspects on which social security for extra-occupational tuberculosis is based under the microscope of rational criticism; in this way, the medical and legal foundations for the prevalence of morbidity are examined, to reveal the anachronistic principles of a protection that, with current changes in social, geopolitical and labour dynamics, remains based on laws from the 1930s and 1970s, and the principles they expressed.

[Foundations of research and health care: some legal aspects]IRCCS Foundations have been recently created by Legislative Decree number 288 (16th October 2003) as part of the reorganization of the Institutes of hospitalization and treatment of scientific value (IRCSS – Istituti di ricerca e cura a carattere scientifico). The decree allows the IRCCS to change into IRCCS Foundations with a national importance, open to the participation of public and private entities. IRCCS have been defined by the Ministry of Health as hospitals of excellence aimed at research in the biomedical field and in the organization and management of the health service. Due to the recognition of their "scientific value", since they deal with particular pathologies of national importance, they have been qualified as IRCCS. Moreover, they can enjoy a public fund and a regional fund, which allow them to carry out their research in specific areas such as oncology, disabling chronic degenerative diseases, pediatric psychiatry, rehabilitation and organ transplants, etc. IRCCS are defined as public or private entities with "national relevance" provided with autonomy and juridical personality which aims at two main goals: a) biomedical research and clinical and translational; b) the organization and management of healthcare services. The creation of Foundations was the consequence of the economic crisis that hospitals were going through: the new legal entities have brought in fresh aids, both public and private, that Foundations can use with the obligation of non-profit and to invest in research all the incomes from other activities. The Foundations have been included into the National Health Service. With the Legislative Decree n. 288/2003, IRCCS-Foundations show a new model of administration. The aim of the Legislative Decree n. 288/2003 is also oriented to the reorganization of IRCCS, promoting a new but non conflicting relationship between public and private sectors working together to achieve the same goals.

[Foundations of research and health care: some legal aspects]IRCCS Foundations have been recently created by Legislative Decree number 288 (16th October 2003) as part of the reorganization of the Institutes of hospitalization and treatment of scientific value (IRCSS – Istituti di ricerca e cura a carattere scientifico). The decree allows the IRCCS to change into IRCCS Foundations with a national importance, open to the participation of public and private entities. IRCCS have been defined by the Ministry of Health as hospitals of excellence aimed at research in the biomedical field and in the organization and management of the health service. Due to the recognition of their "scientific value", since they deal with particular pathologies of national importance, they have been qualified as IRCCS. Moreover, they can enjoy a public fund and a regional fund, which allow them to carry out their research in specific areas such as oncology, disabling chronic degenerative diseases, pediatric psychiatry, rehabilitation and organ transplants, etc. IRCCS are defined as public or private entities with "national relevance" provided with autonomy and juridical personality which aims at two main goals: a) biomedical research and clinical and translational; b) the organization and management of healthcare services. The creation of Foundations was the consequence of the economic crisis that hospitals were going through: the new legal entities have brought in fresh aids, both public and private, that Foundations can use with the obligation of non-profit and to invest in research all the incomes from other activities. The Foundations have been included into the National Health Service. With the Legislative Decree n. 288/2003, IRCCS-Foundations show a new model of administration. The aim of the Legislative Decree n. 288/2003 is also oriented to the reorganization of IRCCS, promoting a new but non conflicting relationship between public and private sectors working together to achieve the same goals.

[Law, Literature and a wider understanding of 'the possible'] In their tales of mankind's experiences, the great works of literature help jurists to understand the basic profiles of the juridical dimension and its continuous transformations. This essay focuses on some high literary works in referring on a very long time. Through the Aeschylus' tragedies and the Homeric epic, we can understand the slow rise of a new legal culture that surpasses the archaic one, dominated by the principle of vengeance. Machiavelli's works show how the change of cultural paradigms leads also the change of political and legal orders. Such as we note the work by the jurist Gio-vanni Battista De Luca, from the 1600's, for its focus on legal language and jurist as direct indicators of the evolution of the juridical order, to describe juridical culture in that era the contribution by Alessandro Manzoni is more important. High literature contributes to our understanding of the social dimension of juridical phenomena.

[The General Data Protection Regulation and the main innovations in the field of e-health] At a distance of twenty years from the adoption of Directive 95/46/EC, the scenario has been changed. In particular, the use of Information and Communications Technologies has, among others, given: a) the definition of new business organizational models; b) new methods of collecting and usability of the data; c) the spread of digital forms for the storage of sensitive data; d) the increased transfer of personal data across national borders, internal and external.In light of these changes, the European Union has set new goals in terms of protection of personal data in order to establish an atmosphere of trust among consumers.The proposal for a General Data Protection Regulation was officially presented by the European Commission on January 25th 2012 and is pending approval.With the entry into force of the new regulatory text, also the national health system and the hospitals will be called upon to review methods of organization and internal processes. It is desirable to define new organizational policies that transpose three key elements of the proposed regulation: Privacy by Design, the Data Protection Office, the Privacy Impact Assessment.

[The General Data Protection Regulation and the main innovations in the field of e-health] At a distance of twenty years from the adoption of Directive 95/46/EC, the scenario has been changed. In particular, the use of Information and Communications Technologies has, among others, given: a) the definition of new business organizational models; b) new methods of collecting and usability of the data; c) the spread of digital forms for the storage of sensitive data; d) the increased transfer of personal data across national borders, internal and external.In light of these changes, the European Union has set new goals in terms of protection of personal data in order to establish an atmosphere of trust among consumers.The proposal for a General Data Protection Regulation was officially presented by the European Commission on January 25th 2012 and is pending approval.With the entry into force of the new regulatory text, also the national health system and the hospitals will be called upon to review methods of organization and internal processes. It is desirable to define new organizational policies that transpose three key elements of the proposed regulation: Privacy by Design, the Data Protection Office, the Privacy Impact Assessment.

[Law is jurisprudence: "there is no certainty of tomorrow". Comment to: judgment of the Court of Milan, July 17th 2014]Today, more and more evidence is perfected a peculiar creation process of law: law is jurisprudence!The judgment of the Court of Milan, here under review, sets out a direction completely contrasting with the well-established theory of liability of "social contact" in the health sector.The point at issue? The same for some time, now: the Decree Balduzzi revived the responsibility model in force before the landmark ruling in 1999, or only represented a failure of the Legislator?The jurisprudential debate arises from the interpretation of Article 3 of Law 189 of November 8, 2012, the conversion of D.L. September 13, 2012 n. 158, the notorius "Decree Balduzzi".The Court of Milan promotes the interpretation that the second part of Article 3 of Law n. 189/2012, would change the "living law", making a choice in line with the purpose of containing the costs of compensation of public health and to remedy the phenomenon of so-called "defensive medicine", "throwing to the nettles" the usability in practice of the theory of social contact.The position taken by the Court of Milan cannot be shared: the reference to art. 2043 of the Civil Code must be interpreted as a failure of the Legislator, too worried about reducing health care costs. We must therefore continue to apply the model of liability of art. 1218 of the Civil Code, and then the theory of social contact. Anyway: posterity will judge!

For years, European policies have been oriented towards the use of public contracts as an incentive for the pursuit of secondary goals. Sustainability and innovation are identified as criterion for evaluating the performance of the public sector. The implications are particular in the public contracts sector. The pursuit of these goals seems to have slowed down especially in legal orders characterized by a greater legal tradition and in which purchasing methods have been consolidated for a longer time. This article aims to point out the different meanings of innovation concept in the public contracts sector, focusing in particular on the concepts of "environmental innovation" and "social innovation". The analysis of the legal instruments envisaged at European level and the best practices developed by the Member States to favour integration among the several legal orders intends to highlight the activity carried out with the support of the European Union and the need for change at national and local level in order to make the goals set at European level effective.

In the aftermath of the European enlargement, the judicial systems of the new Member States exhibit a spectacular, & yet not fully investigated, similarity of institutions. Such a convergence toward a neo-Latin model of judicial governance does not correspond though to a similar pathway in the adoption of the judicial reforms after the fall of the communism. Moreover, similar strategies of modernization have been adopted in the judicial field by all candidate countries, in particular with respect to the court administration & the introduction of information communication technologies, right before the accession into the EU. Whereas the policies enacted by the EU during the enlargement have been widely studied, the parallel -- and, as the article is going to demonstrate, intertwined policy of judicial cooperation has been much less explored by scholars. This article tries to reach a better understanding how these two policies are intertwined. It points out the logic of change that drove the main judicial reforms in the post communist countries, the mechanisms of influence & the consequences of the European standards of quality of justice that have been used to address both new & old member States in the judicial field. In the last ten years European institutions have been leading actors in setting down standards & in creating windows & arenas of international communication & socialization, which one may expect have great impact upon the way justice will be administered in Europe in the very next future. Adapted from the source document.

The paper aims to analyze the enterprise network contract, "contratto di rete", which was introduced with Italian Law April 9, 2009 n. 33 and subsequent amendments. In particular, the author considers the changes recently introduced, with Laws 134/2012 and 221/2012, which have introduced a system of "optional subjectivity" for enterprise networks, clarifying some doubts on the legal regulation of network contracts. However, these changes have lead to a fragmentation within the laws. With these regulatory changes, the paper aims to study the enterprise network contract legislation in the perspective of institutions and civil groups, in order to reconstruct a complete and consistent picture of the applicable regulations of the various types of business networks.

Ascertaining that today immigration phenomenon has considerable effects on legal systems, the paper aims to reflects on the necessity of its more organic and structural regulation and management, which points to a 'normalization' of immigration, that necessarily requires a multilevel governance. Analysing the case of the Piedmont Region, therefore, the paper intends to uphold how the Regions can really take on an innovative and decisive role in rethinking and building territorial policies and practices, based on the principle of subsidiarity and on a public-private integration. A regional social system would thus usefully be established which would allow for a more comprehensive integration of society, implying, first of all, a change in the host community, and better able to fulfil and strengthen democracy in the legal system.

Resulta difícil dar una definición de lo que es el medioambiente como objeto de tutela jurídica, y tanto más cuando asistimos a continuos cambios de tendencia en la materia por parte del legislador. El artículo pretende hacer un repaso de cuáles han sido las consideraciones en la literatura jurídica italiana sobre el concepto de medioambiente a la luz de los artículos 9 y 32 de la Constitución de 1942. ; It is not a simple task to give a definition of what the environment as an object of legal protection is, specially when we have witnessed continuous changes of trend in the legislation about the concept. The article aims to review what have been the considerations in the Italian legal literature on the concept of environment in the light of articles 9 and 32 of the Constitution of 1942.

For centuries, national legal systems have recognised the principle pacta sunt servanda as well as its exceptions, rebus sic stantibus and ad impossibilia nemo tenetur, but the way these legal fundamentals operate is a variable in comparative law. Unforeseeable change in circumstances is amongst the most relevant issues for international contracts thus international business practice has provided some standard solutions. The Vienna Convention on the International Sale of goods (CISG), of 11 April 1980, has also offered some uniform law solutions but they are unsatisfactory especially when confronted with modern business practice and Covid-19 pandemic potential litigation. Academic literature on conflict of laws aspects of force majeure is also scarce. This essay fills a gap and explores some of the most relevant conflict of laws issues in B2B international sales related to Covid 19 pandemic for international contracts. It will address the choice of lex contractus and its scope concerning force majeure, including issues of causation, penalty clauses, evidence (with reference to "certificates of force majeure" issued by some Governments), payments and overriding mandatory rules. ; For centuries, national legal systems have recognised the principle pacta sunt servanda as well as its exceptions, rebus sic stantibus and ad impossibilia nemo tenetur, but the way these legal fundamentals operate is a variable in comparative law. Unforeseeable change in circumstances is amongst the most relevant issues for international contracts thus international business practice has provided some standard solutions. The Vienna Convention on the International Sale of goods (CISG), of 11 April 1980, has also offered some uniform law solutions but they are unsatisfactory especially when confronted with modern business practice and Covid-19 pandemic potential litigation. Academic literature on conflict of laws aspects of force majeure is also scarce. This essay explores some of the most relevant conflict of laws issues in B2B international sales related to Covid 19 pandemic for international contracts. It will address the choice of lex contractus and its scope concerning force majeure, including issues of causation, penalty clauses, evidence (with reference to "certificates of force majeure" issued by some Governments), payments and overriding mandatory rules.

open ; The research is divided into 2 parts, including 2 chapters respectively. The first chapter develops the traditional theoretical framework under which the work is conducted. It examines the evolution of asylum through traditional international law and the study comes to identify, in the gradual emergence of a humanitarian nature of asylum, the symptoms of a change in the approach to such legal institution. The second chapter further elaborates on the possible evolution of asylum as a human right, assessing the course of non-refoulement and the jurisprudential contribution of the human rights treaty-monitoring bodies to the acceptance of a right to de facto asylum. The third chapter examines the legal developments in the field of asylum in the European Union, and how this special 'supra-national' legal order relates to the rights of refugees under International Refugee and Human Rights Law. The fourth chapter examines the legal conception of asylum in some other international organizations and legal systems of the Mediterranean and highlights the risks for an effective asylum-seeker protection, hidden in some bilateral readmission agreements. ; The evolution of the international community currently seems to alternate progressive impulses towards greater protection of human rights and sudden fallout in the traditional concept of territorial sovereignty. In a stage characterized by an increasingly restrictive admission of foreign nationals within the borders of the State and collective expulsions, what is the scope of the secular institution of asylum? Whether, on the one hand, the right of asylum is one of the state powers to freely adjust the entry and stay of aliens on its territory, considered as a corollary of territorial sovereignty, from the viewpoint of the individual it would constitute a means of further guarantee for fundamental rights. From this dilemma between state interest and human rights the present study will move to trace a possible balance between the protection of national security and ...