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Author :
Publisher :
ISBN 13 : 9788815261854
Total Pages : 390 pages
Book Rating : 4.2/5 (618 download)
Download or read book Diritto pubblico comparato ed europeo (2016) written by and published by . This book was released on 2017 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Katharina Boele-Woelki
Publisher : Springer Nature
ISBN 13 : 3030206599
Total Pages : 112 pages
Book Rating : 4.0/5 (32 download)
Download or read book Current Issues of Comparative Law – Questions actuelles de droit comparé written by Katharina Boele-Woelki and published by Springer Nature. This book was released on 2019-09-09 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet 2018 l’Académie internationale de droit comparé a organisé son 20ème Congrès général à Fukuoka au Japon. Les congrès généraux de l’Académie se tiennent tous les quatre ans et abordent dans une perspective comparative une multitude de sujets qui apparaissent particulièrement pertinents dans notre société contemporaine. Ce livre rassemble une sélection des contributions générales du 20ème Congrès général qui traitent des questions actuelles du droit comparé. Il s’agit d’une première pour l’Académie. Il est apparu important pour le Bureau de pouvoir avoir accès aux contributions générales offertes pendant le Congrès général et qui méritent assurément la même attention que les rapports généraux.
Author : Emanuela Fronza
Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 246 pages
Book Rating : 4.4/5 (626 download)
Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Author : Francesco Merloni
Publisher : Springer
ISBN 13 : 3319724932
Total Pages : 319 pages
Book Rating : 4.3/5 (197 download)
Download or read book European Democratic Institutions and Administrations written by Francesco Merloni and published by Springer. This book was released on 2018-09-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.
Author : Giacomo Delledonne
Publisher : Springer Nature
ISBN 13 : 3030374017
Total Pages : 314 pages
Book Rating : 4.0/5 (33 download)
Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Springer Nature. This book was released on 2020-02-25 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.
Author : Aldo Sandulli
Publisher : Taylor & Francis
ISBN 13 : 1040022596
Total Pages : 215 pages
Book Rating : 4.0/5 (4 download)
Download or read book The Struggle over Law in Europe written by Aldo Sandulli and published by Taylor & Francis. This book was released on 2024-04-29 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Author : Nicola Lupo
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258744
Total Pages : 652 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Italian Parliament in the European Union written by Nicola Lupo and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.
Author : Annalisa Volpato
Publisher : Routledge
ISBN 13 : 1000563464
Total Pages : 327 pages
Book Rating : 4.0/5 (5 download)
Download or read book Delegation of Powers in the EU Legal System written by Annalisa Volpato and published by Routledge. This book was released on 2022-03-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.
Author : Tony Marguery
Publisher : Bruylant
ISBN 13 : 2802768352
Total Pages : 424 pages
Book Rating : 4.8/5 (27 download)
Download or read book Les élections européennes 40 ans après – The European Elections, 40 years later written by Tony Marguery and published by Bruylant. This book was released on 2020-09-28 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: En 2019, 40 ans après la première élection des membres du Parlement européen au suffrage universel direct en 1979, les citoyens de l’Union étaient une neuvième fois appelés aux urnes. Entre ces deux dates, le Parlement européen a profondément changé, passant d’une simple assemblée consultative au colégislateur de droit commun d’une Union européenne en proie à de nombreuses crises. Les contributions au présent ouvrage, tirées des travaux d’un colloque international qui s’est tenu à l’Université de Bordeaux les 9 et 10 mai 2019, entendent dresser le bilan, les enjeux et les perspectives, tant des élections européennes de 2019 que de la démocratie représentative européenne de façon globale. In 2019, 40 years after the first election of members of the European Parliament by direct universal suffrage in 1979, the citizens of the Union were called to the polls for the ninth time. Between these two dates, the European Parliament changed dramatically, from a mere consultative assembly to the ordinary co-legislator of a European Union plagued by many crises. This book draws on an international conference held at the University of Bordeaux on May 9 and 10, 2019. The various contributions therein intend to take stock, examine the challenges and envisage the prospects, not only of the 2019 European elections but also of representative European democracy in general.
Author : Hermann-Josef Blanke
Publisher : Springer Nature
ISBN 13 : 3030435113
Total Pages : 1699 pages
Book Rating : 4.0/5 (34 download)
Download or read book Treaty on the Functioning of the European Union - A Commentary written by Hermann-Josef Blanke and published by Springer Nature. This book was released on 2021-05-31 with total page 1699 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
Author : Marco Inglese
Publisher : Springer Nature
ISBN 13 : 3030300404
Total Pages : 198 pages
Book Rating : 4.0/5 (33 download)
Download or read book Regulating the Collaborative Economy in the European Union Digital Single Market written by Marco Inglese and published by Springer Nature. This book was released on 2019-11-11 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.
Author : Dalia Palombo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928057
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)
Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
Author : Martin Belov
Publisher : Bloomsbury Publishing
ISBN 13 : 150994088X
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)
Download or read book The IT Revolution and its Impact on State, Constitutionalism and Public Law written by Martin Belov and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?
Author : Oreste Pollicino
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912703
Total Pages : 269 pages
Book Rating : 4.5/5 (99 download)
Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
Author : Martin Krygier
Publisher : Cambridge University Press
ISBN 13 : 1009033344
Total Pages : 577 pages
Book Rating : 4.0/5 (9 download)
Download or read book Anti-Constitutional Populism written by Martin Krygier and published by Cambridge University Press. This book was released on 2022-03-31 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.
Author : Kyriaki Topidi
Publisher : Routledge
ISBN 13 : 1351676490
Total Pages : 346 pages
Book Rating : 4.3/5 (516 download)
Download or read book Normative Pluralism and Human Rights written by Kyriaki Topidi and published by Routledge. This book was released on 2018-06-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.
Author : Paolo Turrini
Publisher : Springer Nature
ISBN 13 : 303069075X
Total Pages : 508 pages
Book Rating : 4.0/5 (36 download)
Download or read book Water Law, Policy and Economics in Italy written by Paolo Turrini and published by Springer Nature. This book was released on 2021-05-12 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive overview of the most important water-related issues that centre on Italy, analysed from several disciplinary perspectives – such as hydrology, economics, law, sociology, environmental sciences and policy studies – in order to promote full understanding of the challenges the country is facing and the ways it could best tackle them. Despite the misconception that Italy is a water-scarce country, is in fact quite rich in water resources. Such resources, however, are unevenly distributed over the Italian territory. Italy’s northern regions rely on quite an abundant quantity of freshwater, whereas in the southern area water endowment is limited. Moreover, climatic differences between North and South contribute to widen the divide. This disparity has notable consequences of socio-economic character, some of which, in turn, feed back into the environmental conditions of Italian regions: pollution, floods, landslides and droughts are among the problems affecting the country. There are numerous features of water use and consumption that distinguish Italy from other comparable countries, such as the significant role played by agriculture (a water-intensive activity), a lead position in the consumption of bottled water, lower-than-average prices of water and a far-from-optimal efficiency of waterworks. All such aspects, and many others, make Italy an essential case study.
