JUS - 2004 - 1

This paper introduces some issues about the recent labour market italian reform, especially after the legislative decree n. 276/2003. At first, special attention is paid to the liberalisation of private intermediatory activity, with particular consideration for the regional level of regulation. Secondly, the actual regulations of principal models of labour contract is analysed, such as apprenticehip, agency work, job sharing and job on call, and the extension of any employees rules to indipendent workers («project workers»). Finally, some conclusive consideration about perspectives in Italian labour law is proposed.

Filosofia del deontico [Philosophy of deontics] is a philosophical analysis of the relationships between deontic language and ontic language. The main parts are: i) two counter examples against the alleged «great division» (naturalistic fallacy theory); ii) deontic iconism; iii) pragmatic ought; iv) the basic question of philosophical ethics; v) norms and names.

Subject matter of the present study is the responsibility of public administration with regard to private citizens, whose intent of obtaining an authorization or concession from State or other public entities has been frustrated by them through an act contrary to law. Similarly the question regards cases in which an individual right has been restricted or subtracted to a citizen by an illegitimate public provision. Before 1999 courts did not recognize recovery to the party suffering damages. After a decision of the Cassation in that year, case law has changed and damages have been awarded according to the following principle: damage should be consequence of an infringement of a legitimate interest as well as violation of a concrete 'good of life'. Subsequent decisions tried to single out what this 'good of life' is like. The analysis provided for in the present study clarifies that it is nothing else than damages, the true loss consequential to violation of the legitimate interest, that has always constituted a necessary element in cases of tortious liability. The study deals also with the question of nature of liability, namely whether it is contractual or extracontractual. Finally it faces the problem of whether avoidance of the illegitimate act be or not a precondition of the action.

The author dwelles upon administrative obligation towards society and upon private subject's warranty who is induced to take part in the processes of fulfilment the above - said obligation. The warranty is based on the relation arising from the administrative activity.

This considerations are about the role of the Italian and communitary Case Law in a new interpretation of the art. 633 Italian Procedural Code (notification of the Payment Order to debtor resident foreign Italy). The critical path analysis of the Case Law, that it's not omogeneous and, often, contraddictory, permit to see the conditioning role that the Courts can have against the law-Giver. Here, on put in evidence the relation beetween the national and communitary Case Law of Courts, and that there are more differences beetween the Italian legal sistem and communitary legal sistem.