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The influence of standing committees on the forms of government

By on March 6, 2017

Parliaments have changed substantially over time, particularly in the new century, as a consequence of new phenomena appearing in the institutional landscape, such as the transfer of significant normative powers from legislatures to executives, the crisis of the parliamentary legislation and of the long standing representative function of political parties and legislatures, globalization and the deepening of processes of regional integration, mediatisation and personalization of politics, as well as the rise of populist movements. By the same token, for example we have witnessed a shift in the balance between the exercise of the legislative and the oversight function in…

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L’interesse superiore del minore come overruling “occulto”?

By on February 27, 2017

By a recent judgment, the Grand Chamber of the European Court of Human Rights overturned its earlier ruling in the case Paradiso and Campanelli v. Italy, concerning surrogacy. In this case the Strasbourg judges ruled that there are no grounds to configure as “family life” the relationship between the applicants and the child that they had tried to adopt. The decisions of the Italian courts to remove the child from the prospective parents, therefore, only affect their “private life”. The Court, while emphasizing the strong emotional impact that the separation determines over the spouses, it does not believe that…

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Epistémologie de la Traduction Juridique: la construction progressive des notions pénales

By on January 23, 2017

Tous les traducteurs juridiques, quelque soit leurs époque, en sont conscients : il n’est pas possible de traduire sans comparer.
Dans ce cadre, il faut identifier le sens de la notion objet de transposition dans le contexte du procès pénal, tout en explorant son polymorphisme sémantique jusqu’à son noyaux ontologique profond. Dans cette perspective, il a fallu adapter la méthodologie aux exigences de rationalité posées par la procédure pénale. Il s’agit de ce qu’on a appelé la «méthode de la construction progressive des notions» procédurales (BegriffaufbauMethode).

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Beware the Trolldom: Speculative Interests and Policy Implications behind the Circulation of Damage Claims

By on January 12, 2017

Moving from the evaluations operated by Richard Posner in his judgment on the case Carhart v. Halaska, the paper seeks to analyse the so-called “litigation troll” phenomenon and the development of a damage claims market, i.e. a market in which the right to propose claims is voluntary exchangeable for money and can be asserted by private buyers. The aim of the study is to assess whether the implementation of such market might represent a resource for victims or if, on the contrary it might operate solely as a speculation tool for private investors. The analysis moves from the US…

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Brexit Means Brexit, but What Does the Second Brexit Mean?

By , , , , , on December 1, 2016

Our analysis takes into consideration three different time blocks: we first consider how Britain came to Brexit, how the concept of Sovereignty has been challenged by participation in the European project and how Sovereignty and its implications have led to vote. The second part of the work concerns what will happen actually with the real exit, how the process will be managed from a legal point of view and how the concept of Sovereignty will be involved in this delicate transition. Finally, we analyse the stage after the official separation, taking into account the consequences on both the national…

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Andrea Buratti, Giuseppe Martinico, Oreste Pollicino, Giorgio Repetto, Raffaele Torino