A brief overview of the Proposal for a Directive on Corporate Sustainability Due Diligence which focuses on the important innovations it intends to introduce to protect third parties involved in the value chain. The paper considers some specific italian contractual and civil liability rules perhaps useful for outlining an implementation perspective.
The author points out how in the civil jurisprudence on labor disputes with public administrations a conception frequently emerges which re-proposes notions and characteristics of administrative law, despite the transformation of the the public servants’ statute into a contractual statute.
The essay focuses on the private law sanction system, both in its current state and potential evolutions. The starting point of the analysis is that an inquiry about the role of punishment in private law entails a question about the functions of private law. After elaborating a tentative typology of the different kinds of civil sanctions, the essay recognizes a place for measures that, operating beyond strictly private disputes, may strengthen the interest of the public, while questioning the opportunity of a so-called ‘’criminalization’’ of private law remedies.
The essay examines the notion of civil penalties from a comparative law perspective. After examining the penalty clause, it focuses on punitive damages. Central in the assessment of the figure are the aims to be pursued. Above all, the social function has become important. The cases, the safeguards to be applied and the quantification criteria must be determined.
The author analyzes the principles stated in the articles 24 and 113 of the Constitution, noting their importance as unitary principles of guarantee for the exercise of the judicial function. These principles must therefore be fully applied even in special jurisdictions, despite the obstacles represented by different traditions.
The article, with reference to some fundamental themes (identity of the administration and citizens, powers and acts in administrative action, regulation of private activities and events of simplifications, ‘‘new’’ principles) concerns the contribution of Aldo Travi aimed at identifying the constitutional model of public administration and for an administrative law that increasingly conforms to that model.
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