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Processo Penale E Rimedi Alle Violazioni Delle Garanzie Europee
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Book Synopsis Processo penale e rimedi alle violazioni delle garanzie europee by : Simone Lonati
Download or read book Processo penale e rimedi alle violazioni delle garanzie europee written by Simone Lonati and published by CEDAM. This book was released on 2023-03-13 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’ordinamento che da più tempo è stato capace di condizionare i sistemi nazionali è, senza dubbio, quello facente capo al Consiglio d’Europa. La Convenzione europea dei diritti dell’uomo, da oltre mezzo secolo, è diritto vivente in grado di orientare le scelte del legislatore e del diritto giurisprudenziale nazionale. Un ruolo fondamentale in questo senso è stato svolto dalla Corte di Strasburgo nell’ambito della sua funzione di garante dei diritti inviolabili dell’uomo. L’autorevolezza delle sue pronunce ha contribuito a disvelare crepe e falle degli ordinamenti interni, costringendo gli Stati a porvi rimedio e contribuendo così al processo di armonizzazione dei sistemi penali europei. È indubbio, tuttavia, che quanto si è verificato nell’ultimo ventennio rappresenta un cambio di passo significativo. In pochissimi anni si è passati dal giudice internazionale del caso singolo al giudice europeo delle leggi e degli ordinamenti nazionali. Il mutamento è stato determinato dalla precisa scelta degli organi del Consiglio d’Europa di sollecitare l’adeguamento dei sistemi normativi interni alle sentenze di condanna pronunciate a Strasburgo. Di conseguenza, la maggioranza degli Stati membri si sono dotati di strumenti specifici per adempiere all’obbligo di conformarsi alle sentenze della Corte europea imposto dall’art. 46, par. 1, Cedu. Rimedi, il cui obiettivo spesso viene a coincidere con la rimozione della decisione nazionale o la rideterminazione dei suoi contenuti, ovvero, con la riapertura del processo nazionale o la sua rinnovazione. Proprio l’analisi comparata delle diversificate risposte dei quarantasei Paesi membri al comune problema di porre in discussione il dogma dell’intangibilità del giudicato nazionale a fronte di violazioni delle garanzie europee consente di inquadrare le soluzioni individuate dalla giurisprudenza italiana durante il periodo di assenza nel nostro ordinamento di uno specifico strumento normativo volto a garantire l’efficace esecuzione delle pronunce di condanna della Corte europea. Lo sguardo rivolto alle esperienze straniere permette soprattutto una attenta valutazione del recente rimedio straordinario disciplinato dall’art. 628-bis c.p.p. e introdotto dal legislatore italiano con il d.lgs. 10 ottobre 2022, n. 150, in attuazione della l. 27 settembre 2021, n. 134 (c.d. Riforma Cartabia).
Book Synopsis Negotiated Settlements in Bribery Cases by : Tina Søreide
Download or read book Negotiated Settlements in Bribery Cases written by Tina Søreide and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
Book Synopsis Understanding Human Rights Principles by : Jeffrey Jowell
Download or read book Understanding Human Rights Principles written by Jeffrey Jowell and published by Bloomsbury Publishing. This book was released on 2001-04-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.
Book Synopsis Italian Populism and Constitutional Law by : Giacomo Delledonne
Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Palgrave Macmillan. This book was released on 2020-02-26 with total page 0 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.
Book Synopsis Aspects of Violence by : W. Schinkel
Download or read book Aspects of Violence written by W. Schinkel and published by Springer. This book was released on 2010-02-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the social scientific study of violence. It argues for an 'extended' definition of violence in order to avoid subscribing to commonsensical or state propagated definitions of violence, and pays specific attention to 'autotelic violence' (violence for the sake of itself), as well as to terrorism.
Book Synopsis Controlled Foreign Company Legislation by : Organisation for Economic Co-operation and Development
Download or read book Controlled Foreign Company Legislation written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 1996 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A descriptive report providing factual information on controlled foreign company legislation as of June 1995 in the 14 OECD member countries that operated such regimes.
Book Synopsis Identifying Citizens by : David Lyon
Download or read book Identifying Citizens written by David Lyon and published by John Wiley & Sons. This book was released on 2013-05-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: New ID card systems are proliferating around the world. These may use digitized fingerprints or photos, may be contactless, using a scanner, and above all, may rely on computerized registries of personal information. In this timely new contribution, David Lyon argues that such IDs represent a fresh phase in the long-term attempts of modern states to find stable ways of identifying citizens. New ID systems are “new” because they are high-tech. But their newness is also seen crucially in the ways that they contribute to new means of governance. The rise of e-Government and global mobility along with the aftermath of 9/11 and fears of identity theft are propelling the trend towards new ID systems. This is further lubricated by high technology companies seeking lucrative procurements, giving stakes in identification practices to agencies additional to nation-states, particularly technical and commercial ones. While the claims made for new IDs focus on security, efficiency and convenience, each proposal is also controversial. Fears of privacy-loss, limits to liberty, government control, and even of totalitarian tendencies are expressed by critics. This book takes an historical, comparative and sociological look at citizen-identification, and new ID cards in particular. It concludes that their widespread use is both likely and, without some strong safeguards, troublesome, though not necessarily for the reasons most popularly proposed. Arguing that new IDs demand new approaches to identification practices given their potential for undermining trust and contributing to social exclusion, David Lyon provides the clearest overview of this topical area to date.
Download or read book Eurotragedy written by Ashoka Mody and published by Oxford University Press. This book was released on 2018 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: EuroTragedy is an incisive exploration of the tragedy of how the European push for integration was based on illusions and delusions pursued in the face of warnings that the pursuit of unity was based on weak foundations.
Book Synopsis Culture and Rights by : Jane K. Cowan
Download or read book Culture and Rights written by Jane K. Cowan and published by Cambridge University Press. This book was released on 2001-11-29 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I: Setting universal rights
Book Synopsis The East Asian Challenge for Human Rights by : Joanne R. Bauer
Download or read book The East Asian Challenge for Human Rights written by Joanne R. Bauer and published by Cambridge University Press. This book was released on 1999-02-13 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the more persuasive contributions by East Asian intellectuals to the international human rights debate.
Book Synopsis Lessons from the Identity Trail by : Ian Kerr
Download or read book Lessons from the Identity Trail written by Ian Kerr and published by Oxford University Press. This book was released on 2009-03-18 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy debates arising from these new and emerging technologies have been fragmented. There have been few examples of interdisciplinary dialogue about the potential for anonymity and privacy in a networked society. Lessons from the Identity Trail fills that gap, and examines key questions about anonymity, privacy and identity in an environment that increasingly automates the collection of personal information and uses surveillance to reduce corporate and security risks. This project has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes.
Book Synopsis Beyond Territoriality by : Gunther Handl
Download or read book Beyond Territoriality written by Gunther Handl and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.
Book Synopsis The Political Philosophy of Refuge by : David Miller
Download or read book The Political Philosophy of Refuge written by David Miller and published by Cambridge University Press. This book was released on 2021-05-20 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to assess and deal with the claims of millions of displaced people to find refuge and asylum in safe and prosperous countries is one of the most pressing issues of modern political philosophy. In this timely volume, fresh insights are offered into the political and moral implications of refugee crises and the treatment of asylum seekers. The contributions illustrate the widening of the debate over what is owed to refugees, and why it is assumed that national state actors and the international community owe special consideration and protection. Among the specific issues discussed are refugees' rights and duties, refugee selection, whether repatriation can be encouraged or required, and the ethics of sanctuary policies.
Author :Christopher Nugent Lawrence Brooke Publisher :Oxford University Press on Demand ISBN 13 :9780198205043 Total Pages :325 pages Book Rating :4.2/5 (5 download)
Book Synopsis The Medieval Idea of Marriage by : Christopher Nugent Lawrence Brooke
Download or read book The Medieval Idea of Marriage written by Christopher Nugent Lawrence Brooke and published by Oxford University Press on Demand. This book was released on 1994 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging book offers fascinating insights into the nature of marriage in the Middle Ages, both in its social, political, legal, and religious aspects, and in its treatment in contemporary art and literature.
Book Synopsis Feminist Challenges by : Carole Pateman
Download or read book Feminist Challenges written by Carole Pateman and published by Routledge. This book was released on 2013-10-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Feminist Challenges, new and established scholars demonstrate the application of feminism in a range of academic disciplines including history, philosophy, politics, and sociology. As Carole Pateman notes in her introduction, ‘all the contributors raise some extremely far-reaching questions about the conventional assumptions and methods of contemporary social and political inquiry.’
Book Synopsis Islam's Understanding of Itself by : Richard G. Hovannisian
Download or read book Islam's Understanding of Itself written by Richard G. Hovannisian and published by . This book was released on 1983 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis John Locke and America by : Barbara Arneil
Download or read book John Locke and America written by Barbara Arneil and published by Oxford University Press. This book was released on 1996 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise offers an original interpretation of Locke's doctrine of property, a full account of his writings and activities in relation to the Earl of Shaftesbury, and a new interpretation of Locke's lasting influence on American political thought.
