Suchergebnisse

The author affords a picture of the recent scholarly debate between those advocating a return to the concept of legal certainty typical of the continental positivistic tradition and those denying such possibility, with the aim of demonstrating that both these perspectives reflect the need of taking a position vis-a-vis the institutional conflicts currently opposing judges to legislators. According to the author, both these scholarly assumptions not only are biased by such need, but tend to neglect the effective challenges which judicial 'creativity' raises for constitutionalism. On the other hand, the essay examines whether, and to which extent, current reliance of European continental courts on the caselaw as a substitute of the legislation's certainty can be reconciled with constitutional law.

The rapidity of response that emergencies involve can lead to temporary upsets of the system of sources of law. It may happen that with the sources of law, understood in the common sense, we can observe the use of new forms of law making that cannot be set in the well-known notion of "source of law". We wonder if these particular forms of legislative production are able to bind citizens and judges called to verify the compliance of conduct. In the light of various theoretical aspects, however, it seems that there are not arguments capable of demonstrating the binding nature of infra-juridical norms, so they can operate in the system only as interpretative tools.

L'indeterminatezza è una delle caratteristiche salienti del diritto negli stati costituzionali contemporanei. Tale caratteristica mette in crisi le concezioni "oggettualistiche" del diritto che riducono il diritto a un insieme di norme o a un insieme di fatti e corrobora quelle concezioni che considerano il diritto una pratica sociale interpretativa. La costituzionalizzazione degli ordinamenti giuridici accresce la flessibilità del diritto a detrimento della certezza e impone a tutti – legislatori, giudici e individui soggetti al diritto – di assumersi le proprie responsabilità e i rischi che ne conseguono. Il modo in cui il legislatore, a diversi livelli, fronteggia l'attuale pandemia da Covid-19 costituisce un interessante angolo visuale per riflettere sugli effetti – alcuni positivi, altri negativi – prodotti dall'indeterminatezza del diritto contemporaneo. ; Indeterminacy is one of the main characteristics of the law in contemporary constitutional States. It challenges the objectualist conceptions of law reduce reduce law to a system of norms or a set of facts and confirms those conceptions that regard the law as an interpretative social practice. Legal systems' constitutionalization increases legal flexibility at the expense of legal certainty; it imposes to legislators, judges and individuals the responsibility and the associated risks of individuating the law. The ways in which the legislator, at different levels, faces the Covid-19 current pandemic offer an interesting perspective to analyze the positive and negative effects produced by the indeterminacy of contemporary law.

With regard to international public order and surrogate motherhood, at least the Italian Courts of highest level consistently show great respect to the autonomy of the legislator and to the legal certainty.

Starting from the analysis of the decision of the Italian Constitutional Court on the "Cappato case", the essay is the occasion for a joint reflection between Italian constitutional law and comparative law on the subject of assisted suicide and euthanasia, which seems to determine the inertia of the legislators in the face of activism of the Courts, perpetually seeking a dialogue with the first. To suffer the most serious damage of these attitudes are the sick, who in this matter more than ever need certainty to the law.

The study aims to investigate the indicator path from the sentence of the Constitutional Court n. 242/2019 on medically assisted suicide. Pending the approval of the legislative discipline, on which Parliament is currently working, deemed necessary by the Constitutional Court itself to give certainty to such an ethically delicate matter, judges are increasingly finding themselves deciding on cases of medically assisted suicide and on the both on the level of criminal law and on the level of civil law, interpreting the constitutional jurisprudence on the subject in a constitutionally compliant

The paper analyzes the recent decision of the Court of Justice of the European Union "Achmea" established that the arbitration clauses contained in investment agreements are in- compatible with EU law. The Achmea case concerned the compatibility of the Czech Repu- blic-Netherlands bilateral investment treaty (BIT) with EU law, but the Court of Justice's reasoning should be expanded to the intra-EU investment disputes under the ECT. Conse- quently, Member States have an obligation to terminate not only intra-EU BITs, but also intra- EU application of ECT in order to ensure legal certainty.

This paper aims at examining the role and changes in the matter of communication and financial incentives for the Italian entrepreneurial system. Financial communication plays an essential role in improving the efficiency and effectiveness of credit market, but few and incomplete information supplied by firms makes them necessary legislative changes and entrepreneurs' greater awareness about the relevance and advantages of an effective financial communication.Furthermore, if the system of incentives for firms still keeps its practical use, at the same time, it needs to be reorganized in order to simplify the proceedings and increase the transparency and the certainty of roles.

Italian has five epistemic forms that can be considered as grammatical, at least to an extent: the epistemic future, the indicative and the conditional forms of duty (MUST); the indicative and the conditional forms of power (CAN). This article studies the semantic oppositions between this forms, with a twofold objective: to describe the internal structure of the epistemic domain in Italian and to characterise it typologically. The Italian epistemic domain appears to be structured around three axes: the step of certainty, the opposition between primacy and primacy of epistemic meanings, the opposition between epistemic/evidential and genuine epistemic meanings. The structure of Italian epistemic domain is chartered according to four typological parameters relevant for the semantic classification of epistemic systems. This typological characterisation highlights the specific complexity of the relationship between epistemicity and evidentiality in Italian, and presumts differences between Italian and other European languages ; International audience ; Italian has five epistemic forms that can be considered as grammatical, at least to an extent: the epistemic future, the indicative and the conditional forms of duty (MUST); the indicative and the conditional forms of power (CAN). This article studies the semantic oppositions between this forms, with a twofold objective: to describe the internal structure of the epistemic domain in Italian and to characterise it typologically. The Italian epistemic domain appears to be structured around three axes: the step of certainty, the opposition between primacy and primacy of epistemic meanings, the opposition between epistemic/evidential and genuine epistemic meanings. The structure of Italian epistemic domain is chartered according to four typological parameters relevant for the semantic classification of epistemic systems. This typological characterisation highlights the specific complexity of the relationship between epistemicity and evidentiality in Italian, and presumts ...

Il presente contributo prende in esame il nuovo ordine giuridico, connotato – insieme alle regole, fondate su fattispecie positivamente previste – dalla presenza di valori e principi. L'autore procede ad inquadrare il fondamento ed il contenuto di questi ed a tratteggiarne il rapporto reciproco, ponendo particolare attenzione alla loro attuazione sul piano rimediale, al ruolo del giudice nella loro declinazione nel caso concreto ed alle esigenze di certezza. ; The present essay examines the new juridical order, characterized - together with the rules, based on legislative provisions - by the presence of values and principles. The author proceeds to frame the foundation and content of these and to outline the reciprocal relationship, focusing the attention on their implementation in terms of remedies, on the role of the judge in their declination in the concrete case and on the need for certainty.

The writing analyzes the relationship between ethics, law and science, as resulting from the decision n. 84/2016 of Constitutional Court. The judgement refuses to declare unconstitutional art. 13, law no. 40/2004, which prohibits any use of spare embryos (created during in vitro fertilization) for scientific research purposes. The main argument put forward by the Court is the wide range of political choices available in this matter, where there are not certainty or consolidated points of views, neither in the scientific nor in the ethical field. The aim of the article is to show how, doing so, Constitutional Court leaves the Constitution "silent" in the scientifically and ethically controversial issues. Moreover, in the name of respect of parliamentary will, it entirely delivers the solution of delicate problems in the judge hands, without giving them any constitutional guide-line.

Discusses how criteria for historical certainty & apologetics merged in response to the issues raised by rational Cartesian epistemology & Pascalian irrationalism. The relations between Pascal's La Logique ou l'art de penser (Logic or the Art of Thought), commentaries by Arnaud & Nicole in La Perpetuite de la foy de l'eglise catholique touchant l'eucharistie deffendue contre le livre du sieur Claude ([The Perpetuity of the Faith of the Catholic Church about the Eucharist, Defended against the Book of Monsieur Claude] 1669), & the work of Claude are developed. Other topics discussed include the doctrine of testimonialism & veridical, fact-based theological arguments. Pierre Bayle asserts that a relative confidence in the verifiability of historical truth should replace the historical Pyrrhonism, but with the understanding that verifiability can only be expressed as a rejection of the testimonials to the truth of faith. J. Sadler

Discusses how criteria for historical certainty & apologetics merged in response to the issues raised by rational Cartesian epistemology & Pascalian irrationalism. The relations between Pascal's La Logique ou l'art de penser (Logic or the Art of Thought), commentaries by Arnaud & Nicole in La Perpetuite de la foy de l'eglise catholique touchant l'eucharistie deffendue contre le livre du sieur Claude ([The Perpetuity of the Faith of the Catholic Church about the Eucharist, Defended against the Book of Monsieur Claude] 1669), & the work of Claude are developed. Other topics discussed include the doctrine of testimonialism & veridical, fact-based theological arguments. Pierre Bayle asserts that a relative confidence in the verifiability of historical truth should replace the historical Pyrrhonism, but with the understanding that verifiability can only be expressed as a rejection of the testimonials to the truth of faith. J. Sadler