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JUS - 2003 - 1

digital JUS - 2003 - 1
Fascicolo digitale
Rivista JUS
Fascicolo 1 - 2003
Titolo JUS - 2003 - 1
Editore Vita e Pensiero
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Diffusione della normatività e nuovo disordine delle fonti del diritto
di Giorgio Berti pagine: 16 € 6,00
This consideration is composed of different passages which point out the deterioration and the transformation of legality and organization into the State of law. Actually there are a lot of sings according to which the old institutional characters and the correlative differentiations of the system of the sources suffer a kind of flowing back of different normative laws, they occupy the spaces which are abandoned by the territorial State. So, not only internal relations of the civil structure, but also external relations towards social, international, supranational or universal sources are discussed again. The interpretative and contractual activities are getting the upper hand over the order of the formal sources.
Autorità indipendenti, contrattazione collettiva, singoli contratti
di Gregorio Gitti pagine: 15 € 6,00
The rulemaking powers of the Italian Independent Agencies («Autorità Indipendenti») are examined pursuant to the principle of contractual autonomy provided for by paragraph 1322 of the Italian Civil Code. In particular, the author aims to find out the limits imposed by the above mentioned Agencies on the contractual autonomy within the public utilities marked; at least, two different approaches can be envisaged. On one hand, the contents of contracts can be authoritatively determined in order to preserve public policy: this is the case of the financial utilities field, where the rules of the Independent Agencies are inclined to restrict the contractual autonomy, so that, in the extreme, the parties can just decide if filing or not a proposal of sale or purchase into a telematic system. On the other hand, the contractual autonomy can be reconstructed by acknowledging the importance of collective bargaining. Actually, with reference to the other types of utilities, the rulemaking powers of the Independent Agencies reinforce the contractual autonomy. The most important example in this sense deals with the field of electrical energy and gas: the relevant Agency exercises its prerogatives in compliance with a specific procedure directly involving operators, consumers and, above all, their associations, and resulting as a «negotiated» administrative action pursuant to par. 11, cl. 2, of Law n. 241/1990. Therefore, the author demonstrates that the rulemaking powers of the Italian Independent Agencies does not contrast with the contractual autonomy and, furthermore, emphasizes its function inside a new context. Finally, the associations of operators and consumers themselves take part to the rulemaking activity, evoking features of what the author calls a «neo-corporative system».
Tesi, progetti e utopie di una globalizzazione della democrazia e dei valori liberali
di Sergio Scotti Camuzzi pagine: 17 € 6,00
Why the globalisation is not simply an internationalisation in progress, of trade and of investments and finance? No one economic phenomenon can rise rules (even if implied), by which it is shaped. The Author argues that the shape of the actual globalisation is illiberal, because the rules governing it are illiberal and they are not even useful to avoid the decline of the global market towards an oligopolistic one. The Author emphasises the influence of the WTO and remarks the non democratic creation of the rules. The Market and the Global Market Lords overpower the States and, therefore, the Politics declines. On the other hand, the Iraqi (and the Afghani) wars are the consequence of this kind of globalisation and have to be considered as a result of the imperialist view, and consciousness, of the US government. Coming to the «propositional part» of his speech, the Author indicates some principles and, on the basis of these principles, shows the solutions for some exemplary concrete problems: the problem of the water provision (which cannot be left to the business rules); the problem of the polluting licence obtained by paying money, etc.; the problem of the limits of the majority powers in any democratically organised social body, be it a national State, be it an international or a supernational organisation. At the end, the paper records the Nassiriya declaration as ab evidence of the need of the Primacy of the law in any State, whatever organised, and mentions the Encyclical letter of Pope Giovanni XXIII Pacem in terris as a declaration of the globalisation’s juridical principles. It is therefore required that ONU, popular parties, intellectual and Universities take the responsibility to giving to globalisation a human face.
Procedure amministrative e modelli di responsabilità
di Andrea Valorzi pagine: 15 € 6,00
The author analyses the question about nature of civil liability referable at public administration in relations which keep origin in the administrative procedures. The article advances the hypothesis to admit in these cases, instead of a liability in tort, a liability deriving from breach of obligations, starting from the nature of juridical relation in the procedural connexions between public administration and private citizens. As regards this nature of liability are examinated the systemathic significances and the consequences about the typologies of indemnifiable damage.
Rappresentanza e rappresentazione: partiti e sindacati al bivio
di Maria Agostina Cabiddu pagine: 17 € 6,00
The crisis of political representation and parties is mostly due to the growing up of interests and lobbies. In addiction to this it has to be said that the development of contracted relationships between economic-financial lobbies and institutions has shown how the political legitimation by itself is not adequate to give voice to all aspects of social life. Furthermore this justifies the growth of other political organizations, such as Trade Unions. In spite of the end of political parties supremacy, the Parliament can still be thought as the centre of the interests’ conflicts, and the place where the unity of the Nation can be reconstructed beyond the fragmentation of interests.
Cittadino e utente
di Barbara L. Boschetti pagine: 53 € 6,00
The article tries to deepen the relationship between the nomina of citizen and of public services user. The nature of public services implies, in fact, a special connection of these two juridical figures that makes necessary to investigate their real significance and their probable overlapping. The analisys of the evolution in doctrine and organization of public services has shown how the social interests of users had always been understood until the last two decades of the XXth Century only in a public and super-individual dimension. The change of perspective can nowadays be searched trying to link the interests of public services users to foundamental rights recognized to citizens. Where this connection can’t effectively be fixed, public services must be guarantee in the name of the principle of equality. Even in this case, the users’ interests remain individual interests. On the other side, the connection of public services with rights and needs of citizens leads to define the user as a man observed in the satisfaction of his rights and needs. Therefore, the evaluation of the individual dimension of the users’ interests calls for a revival of contract as the proper legal instrument to assure it.
Dal carattere sacro della Città Eterna del Concordato lateranense al particolare significato di Roma dell’Accordo di Villa Madama. Interpretazione dottrinale e profili applicativi dalla Liberazione al Grande Giubileo del 2000
di Michele Madonna pagine: 53 € 6,00
The purpose of this essay is to investigate, in Sections 1 and 2, about the interpretation (with contributions from Graziani’s, Guerzoni’s and Caputo’s works) and application of the Lateran Concordat art. 1 about the special character of Rome until 1965 (particular focus on the Friendship Treaty signed by Italy and USA in 1948; the Mosque building in Rome). On Section 3 we’ll analize the «Vicario» affair (a play by Rolf Hochhuth). Section 4 has been devoted to the genesis of art. 2.4 from the new Concordat of 1984 (about the «particular meaning» of Rome). Section 5 focuses on the interpretation and application of the «particular meaning» of Rome (particularly the Great Jubilee of 2000 and the «World Gay Pride» meeting held in Rome). An appendix collects the main historical unpublished documents.

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