The Author tries to clarify the historical-juridical characters and, above all, the funda- mental ideology of that typical source of the European modernity that is the code, drawing a parallel between the style of the Code with the Pious X and Gasparri's choice on the matter. The historical-juridical analysis allows some critical conclusions about that choice and it opens some questions for the today's researcher of the canonical right.
Approccio teorico al diritto dell’economia tra «common law» e «civil law»
The essay draws the theoretical framework of the evolution of the economic constitution from the Liberal State of the XIX century to the Democratic one in the XX century. In describ- ing this development the attention is focused on two different institutional models that have prevailed in the Anglo-American system and in Western Europe. While the former has maintained a dualistic structure where there is still a separation of the Legislative power (Parliament) from the Executive power (Government) in the latter the transition from the Liberal State to the Democratic one has evolved in a monistic system where the Parliament is the paramount institution. The author underlines the importance of the differences between these two models that are not only noticeable from a theoretical point of view but have also relevant implications for the regulatory competition in a global economy. Having particular regard to the solutions followed in the two models in dealing with market failures in Public Utilities sector, the author - after having described the differences that have historically differentiated the USA's approach to market imperfections (public companies, authorities, economic regulation) from the European one (vertically integrated public monopolies)-, argues that both models are facing a critical period which could lead to a new equilibrium where dualistic and monistic approaches to market failures could eventually converge in a ri-regulated system based on increased transparency and stronger international regulation of financial markets.
Ordinamento giuridico e mercato (diritto pubblico e diritto privato)
The «ordinamento giuridico», is also the field where social richness is «adjudicated» between the parties of the social process. Depending on the origin of the goods and the main actor in the juridical relationship, the «ordinamento» can be classified into «public» and «private»; in addition to the incidence of the public regulations on the second one. This is specially evidenced in the «labour law» field, as the Church Social Doctrine shows.
Law and jurisprudence magazines produced in Italy were discussed in 1984 in Florence with the participation of directors and editors of 14 of them. The common approach was to discuss the law as a result of decisions of legislators and judges and the reactions of society to their decisions as non-juridical. Two magazines are now edited in Italy with a different approach: «Diritto romano attuale» (Naples, Edizioni Scientifiche Italiane) since 1999 and «Ritorno al diritto: i valori della convivenza» (Milan, Franco Angeli) since 2005. Their purpose is to contrast the «metodo giuridico» in the study of law, a methodology used since 1885 in Italy to produce and apply law, and to elaborate an alternative to it in every field of law.
La funzione amministrativa tra Regioni ed Enti locali
After the constitutional reform of 2001, the new statutes of the (ordinary) regions should offer a greatly renewed institutional frame of reference. The changes also affect the administrative role and organisational choices of the regions, allowing a correct application of the principles set out in art. 118 Cost. This should ensure a system of distributing administrative functions that is as decentralised as possible. It will be necessary to evaluate the autonomous local councils so the regions are left with only those functions which can not be broken down, or are matters of coordination or high level administration. This should bring about a drastic reduction of regional agencies whose work is often involved with local authorities' roles. However, the statutes which have been approved so far have mostly maintained a strongly centralising character with a not proper administrative role for the regions and a clear tendency to regional-centrism. In addition, the statutes have given scarce attention to «even-handed» either procedural or structural relations between regions and local councils.
Regolazione e giurisdizione: la prospettiva europea e italiana
The article offers some reflections about the role of independent regulatory authorities in European and in national context, with special regard to the regulation of the concurrence. Attention is given to the problem of the judicial review on the acts of the authorities. The thesis is that many technical problems are competence of the authorities, instead of legislature. It is explained the jurisprudence of the Consiglio di Stato about hard and soft control on authorities' acts, but it proposes the idea that, above all, it is a matter of evidence in supporting those administrative acts.
Insegnamento, istruzione e scuola: profili costituzionali antichi e attuali
The Author shares the opinion, expressed by U. Pototsching, that «teaching is a different job»; it means that the school cannot be considerate as a public service like all the others. There is a duty to respect the young when they are growing up in the context of the precious but fragile educational relationship that arises between the teacher and the pupils, wich requires the freedom of teaching; it means, first, that the freedom of teaching cannot be regarded in an merely «individualistic and liberal» way. It means, secondly, that the freedom of the teacher is of the same type of the liberty of the student - that obtained, for this reason, constitutional protection - because of the particular way the student collaborates to his learning. The school promotes the development of the society and the flourishing of the self; for this reason, an open and pluralistic school - the «school of autonomy» - find its guarantees and protection in the Constitution. This was what Pototsching defines a community with peculiar rules whose task is to promote the full development of the personality of the pupils.
Lo statuto dei docenti nelle Universita` di tendenza
The article analyses from the labour law point of view the legal position of the Catholic University as an undertaking ideologically oriented. Labour law acknowledges the employer's right to dismiss an employee who opposes the employer's ideology. As confirmed by famous decision of the Constitutional Court (the Cordero case), in the Catholic University of Milan particular rules apply, which were agreed between the Catholic Church and the Italian State, according to the Italian Constitution.
Gli enti ecclesiastici a vent’anni dall’accordo di modificazione del Concordato
The essay shows the changes in the Italian rules about the corporations of the Catholic Church, also in comparison with the rules about the corporations of the other religions. These rules were strictly connected with the ecclesiastical property in the XIX Century, but they were changed by the Concordat of 1929 between Italy and the Holy See. Other changements have been introduced, after the republican Constitution of 1947 and the Vatican Second Council, by the agreement of 1984 for modification of the Concordat and by the law n. 222/1985, agreed by both parties. The essay shows the new problems borned after 1985, specially for the civil acknowledgement, their settlement and the rules about ecclesiastical corporations in the Italian unilateral legislation.
La responsabilita’ delle imprese multinazionali per violazioni dei diritti dell’uomo nella giurisprudenza statunitense
The following note deals with the problem of multinational enterprises' liability in international tort (and criminal) law. Starting from a brief analysis of the role of multinationals is promoting human rights throughout the world and deepening the nature and implementation of the U.S. Alien Tort Claims Act - a formidable mean to punish aliens who violate international standards of human rights - the author looks for the correct approach in order to answer the question if international law can provide protection against multinationals investing in Countries who constantly violate human rights. Discovering that the real answer lies on the future practice of American jurisprudence.
Sulla professione di avvocato ieri e oggi (ripensando all’elogio dei giudici, scritto da Piero Calamandrei, avvocato, nel 1935)
The substance of the writing is synthesized in the title. However we add that they gives
prominence tho the professional duties who characterize the figure of the lawyer in the connections with their assisted and with the judges.