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JUS - 2006 - 1

digital JUS - 2006 - 1
Fascicolo digitale
rivista JUS
fascicolo 1 - 2006
titolo JUS - 2006 - 1
editore Vita e Pensiero
formato Fascicolo digitale | Pdf

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Sommario

Ordinamento
di Paolo Grossi pagine: 12 Scarica
Abstract
The author defines precisely the fertility of the rediscovery of the term/idea legal system especially on behalf of the Italian juridical observations on the twentieth century and he underlines its free character, in the crisis of the States, from the law and the official system of the sources of law.
L’età della globalizzazione ovvero dell’autonomia e della sussidiarietà
di Lucio Franzese pagine: 20 Scarica
Abstract
Globalisation of markets points out inner frailty of modern State, which is built on the principles of the so called «legal geometry»; despite the opposition of traditional juridical science, the epiphany of subsidiary State demonstrates the possibility of an economics, where individualism and statalism disappear, and autonomy of human person is recognised.
Contraddittorio (incompiuto) nel processo amministrativo e tutela della concorrenza nell’azione amministrativa: alcuni spuntisul rapporto sostanza-processo
di Andrea Valorzi pagine: 10 Scarica
Abstract
Some reflections about traditional gaps of administrative proceedings from the point of view of third parties contraddictory particularly seeing to the limits of voluntary partecipation compared to more consistent demands of free competition guarantee in public administration activity and procedures.
Il «declino» dell’autoritarietà. Nota a margine dell’art. 1, comma 1bis, legge n. 15/2005
di Stefania Puddu pagine: 14 Scarica
Abstract
Article 1, Paragraph 1 bis, of the Law of 11 February 2005, no. 15, containing «modifications and integrations to the Law of 7 August 1990, no. 241», introduces the principle that the Public Administration acts subject to private law when it adopts measures which are not authoritative by nature. According to some authors, the provision under examination reverses the traditional perspective that «public law is the normal law of the Public Administration» and reveals a definite intention to attribute a residual nature to authoritative activity. In this new context, it becomes necessary to ask whether authority is an essential element of administrative power in as much as such power is designed to serve the interests of the community or is destined «to dissolve» in the presence of a (possible) agreement among the affected citizens. With respect to the relationship between the administration and citizens, it is also necessary to verify whether there is any effective extension of guarantees for the citizens that is commensurate with the extension of private law to administrative activity.
Povertà vecchie e nuove e Diritto del lavoro
di Mario Napoli pagine: 16 Scarica
Abstract
This paper, discussed during the annual congress of Italian catholic lawyers, concerns poverty according to general perspectives of labour law. In Italian constitutional law principles of minimum wage and trade unions’ freedom are basic; these rules represent the most important instrument to prevent employees’ poverty. Recent pension reform (Dini-Treu law) stressed the link between welfare state and pension system, adopting «contributory method», i.d. pensions are linked to contributions effectively payed (non to last wage, as it was before). People without pension have right to social benefits, which are a measure against poverty. Labour law ensures benefits in case of unemployment, but only for people who have lost their job, not for people who are looking for the first job (i.e. «unemployed»). Now, because irregular economics and flexible work, poverty gets into labour law. Nevertheless strategy for social inclusion overcomes labour law. It concerns all the principal basic themes of welfare state reform. Regions have a preminent role. In Europe the struggle against social exclusion is complementary to the strategy for employment. Besides it adopts the same method of open coordination.
Aspetti del lavoro subordinato nel basso Medioevo. La locatio operarum nella dottrina giuridica dei secoli XII-XIV
di Joselita La Mendola pagine: 50 Scarica
Abstract
This article analyses job relations in the doctrine of medieval jurists. It is centred on the locatio operarum contract which regulates work done for hire in the late Middle Ages. In the following pages we will examine the nature and the main features of the opera, the duration of the contract and its times of execution, the powers of the employer in job relations and the condition of the employees. A particular attention will also be given to the responsibility of the locator operarum and to the protections granted to the weakest workers of the time like children, the injuried and the sick. The results of this research demonstrate how the transition from status to contract is not easily realized in the medieval period. The jurists of this age play an important role in the development of free negotiation; in fact they try to give protection and guaranties to workers and they want to ensure dignity to every worker in the execution of his job.
L’art. 4 della Costituzione e il diritto al lavoro
di Cristina Alessi pagine: 12 Scarica
Abstract
The Author analyses the debate on the meaning of the “right to work” under article 4 of the Italian Constitution emphasising the fact that the contemporary doctrine has been reshaping the boundaries of such provision. The analysis of article 4 allows to throw light on various ways of understanding the right to work, e.g. the right to efficient job centres, the right to an adequate vocational training and so on. Then the Author focuses on the “right to work” as “right to choose one’s own job” with specific regard to the latest legislation on flexibility.
Il trapianto del diritto al lavoro nell’ordinamento comunitario e nell’ordinamento regionale ovvero quel che resta dell’art. 4 della Costituzione Italiana
di Adriana Apostoli pagine: 32 Scarica
Abstract
This paper reconsiders the Rights to Work (as recognized in the article IV of the Italian Constitution) along the lines of European integration and in the light of the 2001 Reform of the Title V, Part II of the Constitution.
Costituzione europea e confessioni religiose: il pensiero di Giovanni Paolo II
di Giulia Colombo Clerici pagine: 50 Scarica
Abstract
The present study analyses John Paul II’s thinking on Europe and on religious confessions in the European context. The study is divided into three parts: the first part highlights the increasing attention given by the Pope to the European constitutional process and to Europe, i.e. to its identity, its Christian roots and its unity. Legal issues are given primary relevance in the discussion. The second part defines European values as directly derived from the Christian presence in the Europe and outlines the necessity for a new evangelization in the forms of ecumenism and dialogue with other religions. In addition, particular attention is devoted to the positions of the European Churches (KEK), the European Episcopates (COMECE) and the Holy See, with respect to the European Constitutional process. The last part of the study analyzes the interest of Europe in religious confessions and for the evolution of the recognition of their status, up to the drafting of Article I-52 of the European Constitutional Treaty. This part of the study also put emphasis on the three requests put forward by the Churches and by the Holy See, in particular. The study proposes the definition of broader context for the recognition of religious freedom of the religious confessions in the European Constitutional Treaty. This proposal gives rise to issues and questions that that are still unanswered
L’amministrazione pubblica nell’insegnamento sociale della Chiesa
di Vincenzo Antonelli pagine: 12 Scarica
Abstract
The Church’s social teaching, since the Encyclical Rerum Novarum of Leo XIII, has been concerned with the role of the State and the public administration. The Social Doctrine of the Church has underlined the importance of rule of law and the preference for democracy. To confront the bureaucratization of the public administration the Church’s social teaching has promoted the participation of citizens in public life, the application of the principle of subsidiarity and the foundation of the just ordering of State.
Matrimonio canonico e matrimonio civile al Concilio Vaticano I
di Anna Luisa Casiraghi pagine: 45 Scarica
Abstract
After some observations, relevant to the matters of the Christian wedding, submitted to the attention of the Bishops in the preparatory tasks to the Council Vatican I, the abstract pauses to analyze the issue of the civil wedding, thematic that was analysed in that occasion with particular attention to the theoretical and practical consequences that an acknowledgment of the juridical status of the civil wedding, would have implied in the canon law. Closely connected to the problematic deriving from the civil wedding, it turned out the demand, promoted by several parties, to grant more wide faculties to the Bishops for dispensation from the impediments of ecclesiastical law. In particular the need to exempt from the religious obligations had to do with the impediment of «mixta religio » as settled by the legislative decree of Tametsi and by the «Declaration Benedectina» of Benedict XIV, the impediment of consanguinity and affinity, that one of public honestas, and finally the impediments of cognatio legalis and spiritualis. The conclusions try to highlight the position of the Church on the civil wedding: from the attitude of total closing held during the Council Vatican I to the new attitude deriving from the Vatican II where that was acknowledged in the code of 1983.

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