The authors provide a general overview of intevention before the International Court of Justice in order to assess the possibility to use this incidental proceeding for the protection of community interests. The forms of intervention before the Court are addressed first, along with their requirements as clarified in the Court’s case-law. Then, attention is drawn to the recent and unprecedented wave of intervention requests under Article 63 of the ICJ Statute. It is maintained that one of the reasons for this unexpected situation is the protection of general interests of the international community. The article accordingly explores the alternative venue of using intervention under Article 62 of the Statute for the same purpose. The procedural aspects of the protection of such interests are discussed first and the limits of intervention before the ICJ beyond the protection of purely bilateral interests are illustreated at the end.
The Author analyzes the latest reforms of civil procedural law and criticizes the lack of a coherent and sure line of reform. The recent interventions are very incisive, significantly modify the process, but seem to lack an overview and are dispersed in numerous procedural details that have the effect of making it more and more complicated.
Legislative Decree No. 149 of 2022, recently adopted in Italy as part of the reforms required by the Next Generation EU program, has significantly changed many rules of the civil process in Italy. This essay discusses the main innovations introduced in the field of remedies for challenging judgments, outlining them in general terms, identifying their purposes and comparing them with past reforms.
The essay analyzes the new proceeding for disputes concerning individuals, minors and families, introduced in the Italian Code of Civil Procedure with the Legislative Decree n. 149/2022. The work highlights the procedural model that the Italian legislator has used and focuses on some critical issues that the solutions chosen by the legislator bring out.
The purpose of this contribution is to analyse the recent reform of civil procedure, as set out in Legislative Decree no. 149/2022, from the perspective of international law. To this end, the three interventions concerning (i) the procedures for giving effect to foreign judgments, (ii) the law applicable to personal separation and divorce, and (iii) the new type of procedure called ‘revocazione’, that can be activated in the event that a judgment has led to the condemnation of the Italian State by the Strasbourg Court, are taken into consideration. As those are very heterogeneous disciplines, it is difficult to give an overall assessment of these novelties, which are therefore examined individually. However, it is possible to state that the delegated legislator was motivated by the sharable intention of responding to critical issues and concrete needs that had already been pointed out in literature and emerged in judicial practice. It is not certain that this result has actually been achieved on all fronts, although it will be necessary to wait for the application of the new rules, and to assess their interpretation, in order to come to a more complete evaluation.
Firstly, the author reviews the main triggers of the crisis of the criminal jurisdiction, mainly focusing on the concept of the reasonable duration of a trial. Secondly, he analyses the origin and the guiding principles of the Cartabia reform, a comprehensive review of the criminal justice system. On the one side, the author appreciates the reform’s overall strategy, which addresses various layers ranging from procedural rules to methods to achieve organizational efficiency. On the other side, he critically investigates specific statutory provisions, while simultaneously highlighting their bold, reforming spirit.
Fascicolo digitale
|
