William Penn's place in the history of political philosophy is both unique and peculiar. His works raised the interest of contemporary thinkers such as Voltaire and Montesquieu, who also praised his practical contribution as legislator for the British colony of Pennsylvania as well as peacemaker with the Native people of North America. After falling into relative oblivion over the course of the Nineteenth Century, Penn's figure attracted renewed scholarly interest in the 1920s and '30s, at the height of totalitarianism, when he was newly appreciated as an early prophet of pacifism, Europeanism, and cosmopolitanism. In 1979, almost three centuries after the publication of his project for European peace, Penn's ideas were at least in part realized with the first direct election of the European Parliament. Today, his works are still worth considering, particularly for his thoughtful reflections on the aristocracy of merit or virtue, a subject at the very core of his thinking.
In 2002 a new path and evolution about the European Food Legislation started. As a matter of fact, the European Regulation n.178/2002/CE establishes rules, procedures and a pioneering approach regarding food safety. That is automatically introduced and applied in each EU State. Anyway, the European Legislation must 'cross' with national provisions, contained in Penal Code, concerning the protection of human health and of trade. In this paper the Authors outline the "food rules" contained in the Italian Penal Code and analyze the 'parallel convergences' with the EU Rules subjected to direct application, such as the EU Regulations.
[Nurses and "integrated discharge letter" as emerging tool: theoric, deontologic and normative principles]All health care professionals work within a system of interdependent roles and functions, cooperating to the common goal of patient's care. Nurses have a fundamental role in this system, their functions including assessing patient's needs, planning outcomes, implementing interventions and treatments, and preventing complications. Nursing has changed consistently over the years, both in terms of daily practice and legislation. This article examines the evolution of nursing in the Italian health care system as a specific profession among other health care professions. The different theories, developed to help nurses direct their activities, are described. Besides, the evaluation of the deontological code is provided, highlighting differences and similarities with the physicians' one. Finally, the role of nurses in compiling the "integrated discharge letter" is examined.
The volume compares the legislation and the application practice regarding administration and destination in the EU. Then the main experiences of social reuse and reuse regimes are presented, with a focus on the Italian (direct social reuse) and French (indirect social reuse) cases.
The essay aims to investigate the birth and evolution of the principle of gender equality in the European Union and to outline possible avenues for reflection on the impact of some recent developments in EU case law on the direct horizontal effects of Article 21 of the EU Charter of Fundamental Rights on the multi-level protection of rights. The investigation starts from the specific prohibition of discrimination on the grounds of sex that along with another ground (nationality) has been the first nucleus of European anti-discrimination law. Starting from the protection of equal pay for men and women (Article 157 TFEU), the Court has gradually extended the conceptual scope of application of anti-discrimination law from pay to several other areas, inaugurating a protection pushed beyond the purely economic aspects to recognize direct effectiveness, even horizontal, to equal pay. We are thus witnessing a change in the paradigm of the function of gender-based anti-discrimination protection originally imagined in a functionalist key with respect to the completion of the single market, which has progressively freed itself from this too narrow scope to undertake an articulated path during which the justifying reasons underlying anti-discrimination law lose their purely economic value and the prohibition on the basis of gender becomes a specific expression of the more general principle of equality. A substantial part of the work concerns the analysis of the first and second generation of secondary legislation and the related jurisprudence of the CJEU up to the most recent pronouncements on the direct horizontal effects of Article 21 CDFUE that open up powerful questions both in terms of the general theory of European sources (one for all the relations between general principles and secondary legislation), the scope of the principle of primauté of Community law and its direct effectiveness (vertical and horizontal), as well as the structure of EU and Member States' competences. It is also significant that these issues have come to the fore especially in the field of equality and non-discrimination, principles whose transversal nature calls into question the maintenance of many of the cornerstones of the relationship between internal systems and EU law.
The essay shows a teaching Unit about the theme of women's work, through the study of two industrial realities: the Tabacco Factory and the Cotton Factory. The key points of the lessons are the legal condition of women, established by the Pisanelli's Code (1865), the economic, social and cultural conditions of the workers, and the drafting of protection legislations of female workers: these themes are dealt in the wider context of the first Italian feminism and the Socialist movement. An important moment of the didactic activity is the visit to "History's places", during which students come into direct contact with the urban places where people have lived and where the events have been. After that, there is a proposal of some documents about the discussion regarding the protection of women workers. Lastly, some activities about "Civic Education" are recommended and are provided some possible interdisciplinary paths. ; Il saggio illustra un'Unità didattica sul tema del lavoro femminile attraverso lo studio di due realtà industriali: la Manifattura tabacchi e il Cotonificio di Venezia. Le direttrici fondamentali delle lezioni sono la condizione giuridica delle donne sancita dal Codice Pisanelli (1865), le condizioni economiche, sociali e culturali delle operaie e la redazione delle leggi di tutela delle lavoratrici; questi temi vengono trattati nel contesto più ampio dello sviluppo del primo Femminismo italiano e del movimento Socialista. Un momento centrale dell'attività didattica è costituito da una visita sui "Luoghi della storia", nel corso della quale gli studenti entrano in contatto diretto con gli spazi urbani in cui sono vissute le persone e si sono svolti gli avvenimenti. Segue una proposta di lettura di documenti intorno al dibattito sulla tutela delle donne lavoratrici. Infine, vengono suggerite alcune attività di Cittadinanza e Costituzione e vengono indicati alcuni possibili percorsi interdisciplinari.
European Union institutions have made EU legislative texts accessible to the lay public by popularising them in a variety of multimedia products which are available on the EU website. Effective communication with the citizens is key not only to facilitate their understanding of their legal rights, but also for the EU institutions to gain credibility and build trust. The present paper investigates how EU laws concerning consumer rights are made accessible to non-specialists through brochures and web pages available on the official website, and videos on the institutional YouTube channel. The study was carried out with a Corpus-Assisted Discourse Analysis approach and compared the corpus of popularised laws with a corpus of original EU legislation from the same area of law. The research aims, firstly, to establish which elements distinguish the popularised texts from the original laws at a lexical and morphosyntactic level and, secondly, to determine what effects the linguistic choices have on the meaning that is being communicated. Findings reveal that the communication in the popularised texts tends to be interactional and direct. It also relies heavily on storytelling as a way of informing citizens of their rights by providing concrete examples they can easily relate to. The analysis has shown how there is an emphasis, on the one hand, on the risks that consumers face and, on the other, on the help and protection that EU institutions offer through the legislation they have adopted. Thus, while informing the citizens of their rights, the various linguistic choices characterising the popularised texts give prominence to the value of the initiatives undertaken by the EU with the overall effect of promoting the image of the EU institutions.
The Italian museum system had turned the page thanks to the important change in the administrative organization sanctioned by the so-called "Museums decree" (decree of the Ministry of Cultural Heritage and Activities and Tourism or "Mibact" of 23 December 2014) and the significant investment in the enhancement that was achieved. However, with an intricate legal matter, ending with the sentence of the Regional Administrative Court for Lazio of 24 May 2017, n. 6171, things have changed abruptly. As a matter of fact, the judge, in fact, has recognized the indirect violation of art. 38 of the legislative decree 30 March 2001, n. 165 (so-called Consolidated Law on public employment or "TUPI") according to which only "citizens of the Member States of the European Union (.) can access jobs in public administrations that do not involve direct or indirect public employment powers, or rather do not concern the protection of the national interest ", thus declaring the illegality of the appointment of a person without Italian citizenship to hold this type of office aimed at exercising authoritative administrative powers, in application of the European and national legislation in force ". All the work is dedicated to claim that although formally right, the verdict is at the end substantially wrong.
One of the reforms of the Spanish Government that has receivedmore criticism since the economic crisis began has been the one enforcedby Royal Decree‐Law 16/2012, dated 20 April, on urgent measures to ensurethe sustainability of the National Health System and improve thequality and safety of its services. He proceeded to modify the requirementsfor compulsory insurance coverage, requiring as a condition sinequa non to enjoy 'insured status' to have legal residency.Responses were immediate, among others, appeals on the unconstitutionalityof such measure, the right of conscientious objection of manyhealth professionals as well as the approval of the autonomous communitiesof legislation providing such protection, which, in turn, has alsobeen contested by the Government. While the resolution of this conflictis still pending at the constitutional level, international organizationshave already acted in this sense, being categorical in the issued resolutionscondemning Spain for breach of its international obligations.The central government announced, months prior to the elections,that it would modify this regulation, but, for now, no amend has beenmaterialized. While this situation continues, the law allows courts, underthe control of compliance with international law reflected in the arts.10 and 96 of the Spanish Constitution, developed by Law 25/2014, of 27November, Treaties and Other International Agreements, to protect possible claims and/or interpretations of the treaties contrary to its originalaims and to protect the medical staff against possible sanctions. Thus,the importance of knowledge of international law and its direct invocationas an instrument of effectiveness and enforceability of the rightsrecognized is rightly evidenced by this situation.
This report summarizes the finding of the InHabit project on the importance of atmospheric nitrogen deposition in affecting the chemical composition of lake water and in eventually altering the biological communities living in them. Previous deliverables (I2d5, Id26 and I2d7) have shown that; 1. in both regions studied in the InHabit project (Piedmont and Sardinia), atmospheric deposition of nitrogen compounds is relevant; 2. the flux of nitrogen from the atmosphere to the ecosystem is markedly larger in Piedmont than in Sardinia; 3. models of the dynamic behavior of nitrogen in forested catchments indicates that Piedmon soils are mainly N-saturated, so that nitrogen carried by atmospheric deposition can be released form forest soil to the surface water; 4. in Sardinia, soil are less saturated, but a part of the deposited nitrogen is still carried to surface water; 5. trend analysis of deposition and stream water revealed that nitrogen deposition is stable or slightly decreasing in recent years, both in atmospheric deposition and in stream water; 6. the importance relative importance of N deposition is relevant for sites in or close to reference conditions; 7. the relationships between environmental variables and organisms belonging to the four biotic communities used to define the lake's ecological quality, according to provisions of the Italian legislation (D.Lgs. 260, November 2010) and the European Water Framework 2000/60 differ depending on the biological quality element considered; 8. phytoplankton community shows the clearer responses: according to the result of multivariate analysis, total nitrogen and ammonium nitrogen are among the most significant factors explaining the relationships among phytoplankton orders, species and environmental variables. In particular, cyanobacteria increased considerably with increasing availability of ammonium nitrogen. Conversely, high concentrations of this compound suppress the development of diatoms. On the basis of those results, which are summarized in this deliverable, we focused on the effect of different levels of nitrogen in lakes with low phosphorus concentration, slightly affected by direct trophic pressure and close to the reference conditions. The comparison between two lakes in Piedmont with low P concentration and high N concentration with two reservoirs in Sardinia with low levels of both nutrients shows that the formers are dominated by diatoms and the latter by dynophytes. Two reservoirs in Piedmont with high N levels are also dominated by diatoms. In spite of the small number of lakes studied, it seems that dynophytes are more fitted to low N lakes, probably because of their ability to use an heterotrophic metabolism, while lakes in reference conditions are generally considered to be dominated by oligotrophic diatoms, Our findings call for deeper studies on reference conditions in the Mediterranean ecoregion, because they suggest that lakes not affected by direct trophic pressure, i.e. reference lakes, may host different diatom communities depending on the amount of nitrogen deposition they receive.
The themes of energy saving and sustainability head the list of all the policy statements on development, issued by governments throughout Europe and many other countries in the world.We are forever being called upon to change our lifestyle and our ideas of well-being that are causing an exaggerated and ever increasing waste of energy and resources, while the overall impact of the human species on natural systems continues to grow.Even the construction sector which apparently seems to have a secondary role, due to the fact that it "generates" production, consumption and services, but also because it is subject to other types of pollution, is in reality of central interest and, rightly, can be given a primary role.The most recent regulations invite us to "build in a sustainable way", re-appropriating the set of themes that have been forgotten for too long such as the direct relationship with the natural system on which we intervene. Recent legislation also encourages us to optimize material and technical-constructive characteristics relating to safety, to use passive systems in order to make buildings functional and to employ natural air conditioning.Safeguarding our country from all points of view is now a duty. Being aware of the risks is a necessary prerequisite to ensure the safety of the inhabitants of a territory. This awareness must be channeled into an individual and collective responsibility, and into the programming of strategies which will prove to be decisive for the community. Abitare la fragilità: strategie per la messa in sicurezza del patrimonio edilizio esistente I temi del risparmio energetico e della sostenibilità sono in testa a tutte le dichiarazioni programmatiche sullo sviluppo, emanate dai governi europei e di molti altri paesi del mondo.Siamo incessantemente richiamati a modificare il nostro stile di vita e i nostri modelli di benessere che stanno determinando un esagerato e crescente spreco di energia e di risorse, così come continua a crescere l'impatto complessivo della specie umana ...
Italian National Committee for Food Safety (CNSA) opinion No. 21 of 24 January 2018 on Risk connected to the presence of Diptera larvae non-viable and not visible to the naked eye in preserved mushrooms Wild mushrooms provide an excellent microhabitat for the proliferation of several insects, supplying them with both food and shelter. Contamination occurs in the natural growth environment and is a phenomenon unavoidable and uncontrollable by man. All the finest edible mushrooms, with the exception of Cantharellus cibarius, are especially prone to be attacked by mycetophilid larvae; in particular, Boletus edulis, Armillaria spp. and Amanita caesarea are always more or less attacked. Diptera larvae tend to abandon the mushroom during the drying process, in variable measure depending on several factors: fungus moist, slice thickness, larvae dimension, drying methods and conservation systems. Mushrooms (fresh and preserved) are largely consumed in Italy and are therefore given particular attention by both the personnel responsible for food hygiene control and specific study groups. Despite the fact that there is no clear evidence of direct hazards to human health in case of consumption of mycetophilid larvae and that the legislation sets out acceptability limits for the presence of tunnels, it would be more appropriate to set limits for the presence of the larvae as such. In any case, for the product quality the role of the food business operator (FBO) remains of fundamental importance as for the compliance with the pertinent HACCP system and the implementation of prevention measures, such as, in particular: inspection of the raw material, selection of suppliers, availability of personnel with specific control training and the adoption of measures to slow down or halt the biological cycle of the pests. Finally, it is important to consider the allergenic effect of the tropomyosin present in the larvae internal tegument, not so much for mushroom consumers, given that tropomyosin is thermolabile, but for mushroom ...
The substantial, direct relationships between the two different systems of Education and Prison are determined not only by the respective institutional roles within the social structure of a country, but also (and especially) by the key principles that inspire their pedagogical and (re)educational mission. This reflection on the educational and social goals that the school-to-prison system should/could achieve extends their roles beyond the mere considerationof the prison as containment and punishment apparatus and of the school as an"obligation". Moreover, the analysis of these facets of the topic reinforce the opportunity of a new idea of mutual scaffolding between all interacting for a shared load outlet, a proposal that implicate an analysis of the topic from the inside to the outside of the prison walls.Therefore, among the activities aimed at the social rehabilitation of prisoners, Education appears to be an essential element of intervention in the prison context, in addition to represent an essential tool for supporting the process of personal growth. Consequently, this individual development and empowerment encourages the inmates to abandon the negative values, that generate deviant behavior, in favor of positive social reintegration. In the light of the recent legislation that sanctioned the specificity of formative path held inside the prisons, this article contributes to the analysis of the existing situation by presenting operative and planning models actually tested in a penitentiary of an Italian province. ; I sistemi scuola e carcere hanno alcune, sostanziali, dirette correlazioni, prescritte non solo dai rispettivi ruoli istituzionali inseriti nel sistema sociale del paese ma anche (e soprattutto) per i principi fondanti che ne ispirano l'azione pedagogica e (ri)educativa. Questa riflessione sugli obiettivi educativi e sociali che il sistema scuola-carcere dovrebbe/potrebbe realizzare, supera la mera considerazione del carcere come luogo di contenimento e punizione e della scuola come "obbligo", ...
Revue classée de "Rang A" ("Fascia A") par le ministère de l'éducation nationale italien ; International audience ; Can the Administrative Judge void an act because it is in direct conflict with the precautionary principle? In which category of "fault of the act" does this case fall into? These are questions that are becoming more and more pressing in each country of the European Union and particularly in France, where the Constitutional Legislator has annexed a "Chart of the Environment" to the constitution.This was done in such a way that, in the before-mentioned case, administrative legality and constitutional legality are profoundly interconnected. The answers to these questions are particularly complex for at least two reasons. The first problem is that the precautionary principle is often in conflict with other rights of the citizen that have equal constitutional value, like the fundamental right of property. The second problem is that this principle has always been characterized by a sort of semantic ambiguity: on the one hand, French legislation has given multiple definitions, sometimes conflicting with each other, while, on the other, there are conflicts between the definitions of the Legislator and a definition that was created in the European framework, and problems related to the general vagueness of the notion of "precaution" itself, which is often confused with the concept of "prevention". This essay analyzes these problems, trying to find answers to the questions stated at the outset, while offering some possible answer to the Italian reader who has to deal with similar situations. ; Le principe de précaution est aujourd'hui entré dans le langage courant, utilisé en matière météorologique, sanitaire, médical, mais aussi psychologique (antenne relais, organismes génétiquement modifiés…), sociologique, politique, voire sentimental au point d'en perdre son contenu. Ces grands principes environnementaux ont suscité dès l'origine un débat quant à leur place dans l'ordonnancement juridique.Une double ...
La presente ricerca si propone di analizzare la Direttiva 2012/13/UE sul diritto all'informazione nei procedimenti penali ed il suo impatto sul sistema processuale italiano. L'analisi prende le mosse da un primo capitolo dedicato al sistema multilivello delle fonti: sul panorama nazionale e sovranazionale, infatti, la direttiva è solo l'ultima norma, in ordine di tempo, a disciplinare il diritto fondamentale alla conoscenza dell'indagato e dell'imputato. Necessario quindi apprestare una panoramica delle fonti che garantiscono la protezione multilevel dei diritti, e descrivere le loro reciproche interazioni. Imprescindibile, poi, un approfondimento sulla tutela dei diritti nello Spazio di Libertà Sicurezza e Giustizia dell'UE, con un'attenzione particolare all'era post-Lisbona ed al valore aggiunto che le direttive ex art. 82 co. 2 TFUE possono portare sul sistema multilevel. Il secondo ed il terzo capitolo sono dedicati all'analisi normativa della fonte europea. La trattazione si muove lungo le tre visuali prospettiche che la norma europea attribuisce al diritto all'informazione: diritto alla conoscenza dei propri diritti; diritto alla conoscenza dell'accusa; diritto alla conoscenza degli atti di indagine. Le disposizioni europee vengono continuamente integrate con la giurisprudenza della Corte EDU, che inietta di significato le norme della direttiva e fornisce gli standards di tutela laddove non specificati. Vengono messe in rilievo le disposizioni più innovative, che consentono alla direttiva di non essere solo "codificazione" del case law di Strasburgo, ma fonte autonoma e progredita di diritti. Il capitolo finale è infine focalizzato sull'impatto che la direttiva ha prodotto sul sistema processuale interno. La trattazione è suddivisa tra l'analisi delle modifiche apportate dalla normativa di attuazione italiana, d. lgs. 101/2014, e la disamina delle sue lacune: il legislatore ha dato luogo ad un intervento minimalista, omettendo di dare esecuzione proprio alle disposizioni europee più innovative che avrebbero permesso al nostro sistema di essere in linea con i dettami sovranazionali. Particolare attenzione è data al tema delle modifiche all'imputazione e al principio Iura novit curia, sulla scorta dei punti saldi elaborati dalla Corte EDU nel noto caso Drassich. In conclusione, vengono proposti gli scenari futuri che potrebbero conseguire all'efficacia diretta della direttiva e alla penetrazione, per il suo tramite, delle norme CEDU nell'ordinamento giuridico nazionale. ; The present research examines the European Directive on the right to information in criminal proceedings (Directive 2012/13/EU, hereinafter 'the Directive'), assessing the impact that it is likely to have on the Italian legal system. Before analyzing the legislation, the thesis provides an historical overview of the status of human rights safeguards in the EU and a description of its multi-layered system of protection. Starting from the early ECJ case law setting out a 'human rights theory', the research moves on to consider the Charter of Nice and the development of a European Area of Criminal Justice, until the Stockholm Program and the entry into force of the Lisbon Treaty. In addition, it addresses the question as to whether and to what extent the directives 'of new generation' based on art. 82 par. 2 TFEU bring an added value to the aforementioned human rights protection system. Chapters 2 and 3 of the research focus on the analysis of the legislation and on the three meanings that the Directive attaches to the right to information in criminal proceedings, namely, the right to information about rights, the right to information about accusation, and the right to information about case file. The effort is shedding some light on the most innovative prescriptions, while at the same time highlighting how much the EU legislation owes to the ECtHR case law, which is used as a yardstick for the evaluation and interpretation of the Directive. Finally, Chapter 4 addresses the Italian implementing legislation (d. lgs. 101/2014) and the impact of the Directive on our legal system. It finds that the NIM is highly unsatisfactory, as the Italian legislator has failed to comply with the most innovative EU standards. In this regard, the research illustrates the impact of EU prescriptions on the jurisdiction of national judges, in particular, the impact of the 'new' right to information about accusation. It concludes that Italian judges can (in)directly apply ECtHR case law standards due the direct effect of the Directive (which can be regarded as an 'ECtHR case-law codification').
