A Self-Executing Treaty? Italian Legislation and Practice in Implementing the Environmental Protocol

Author(s):  
Laura Pineschi
Keyword(s):  
2002 ◽  
Vol 8 (4) ◽  
pp. 608-623
Author(s):  
Tiziano Treu

Regulation of conflict is not currently part of the European social model. This contribution suggests methods for underpinning the European social model with a robust system of industrial relations. One important issue is that of transnational strikes. The author sets out a number of hypotheses for what might constitute legitimate strike action in European terms. Dispute prevention and settlement procedures should be an important part of a European industrial relations system. Italian legislation on public-service strikes, with its focus on users as well as strikers, is discussed. The Italian model provides useful pointers for a European system, balancing as it does the collective and individual interests of the workers and users involved in labour conflicts.


2021 ◽  
Vol 11 (11) ◽  
pp. 5218
Author(s):  
Matteo Zatti ◽  
Matteo Moncecchi ◽  
Marco Gabba ◽  
Alberto Chiesa ◽  
Filippo Bovera ◽  
...  

Energy communities (EC) are expected to have a pivotal role to reach European decarbonization targets. One of the key aspects is the regulatory framework adopted by each Member State to properly manage such new customers’ aggregation. The paper firstly provides an updated overview of the EC regulation, focusing on the current Italian legislation. Next, a novel methodology for the design and management of energy community initiatives is proposed. The procedure firstly solves a design and operation optimization problem to calculate the best size of energy assets (boiler, heat pump, photovoltaic, thermal storage) to be installed. Second, a Shapley value-based approach is exploited to distribute a part of the community’s incomes to members, based on their contribution to the overall welfare. Results demonstrate that the adopted methodology is effective in ensuring a proper cash flow for the community, while pushing its members towards energy efficient behaviors.


2021 ◽  
pp. 138826272110092
Author(s):  
Pauline Melin

In this reporting period (November 2020-March 2021), five cases will be presented. The first case is INPS v WS (C-302/19), dealing with the Italian legislation that excludes Single Permit holders from receiving family benefits for their family members residing in a third country. In the second report, two cases rendered on the same day by the Grand Chamber of the Court are discussed. In D.J. v Radiotelevizija Slovenija (C-344/19) and RJ v Stadt Offenbach am Main (C-580/19), the Court clarified the circumstances under which periods of stand-by time could be considered as ‘working time’ or, alternatively, ‘rest periods’ under Directive 2003/88. XI v Caisse pour l’avenir des enfants (C-129/20) is the third case reported. It concerns an interpretation of the Framework Agreement on parental leave in the light of the Luxembourg legislation, which requires parents to be employed at the time of their child’s birth to benefit from parental leave. Finally, the case report ends with VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie (C-16/19), a case of discrimination on grounds of disability.


2013 ◽  
Vol 20 (4) ◽  
pp. 459-469 ◽  
Author(s):  
Mari Kangasniemi ◽  
Alessandro Stievano ◽  
Anna-Maija Pietilä

The purpose of this study, which is part of a wider study of professional ethics, was to describe nurses’ perceptions of their rights in Italy. The data were collected by open-ended focus group interviews and analyzed with inductive content analysis. Based on the analysis, three main themes were identified. The first theme “Unfamiliarity with rights” described nurses’ perception that their rights mirrored historical roots, educational content, and nurses’ and patients’ position in the society. The second theme, “Rights reflected in legislation” highlighted that working and professional Italian legislation played a strong role. The third theme, “Managerial barriers for nurses’ rights” underlined the nurses’ perceptions that nursing management had the responsibility to create the conditions where nurses’ rights could flourish. This study intends to contribute to the debate on this underexplored topic.


2021 ◽  
Vol 11 (2) ◽  
pp. 177-187
Author(s):  
Donato Castronuovo

The subject is addressed by focusing on two aspects: i) the identification of constant political-criminal models in emergency legislation, with particular reference to the fight against terrorism; ii) diachronic and synchronic dissemination of such constants in other legal experiences, both of the past and contemporary with Italian legislation of the 1970s/1980s. The concluding paragraph will offer some brief remarks regarding the relevance of such tools today in the fight against international terrorism in Europe, taking into special consideration one of the aforesaid constants, namely, reward-based legislation aimed at so-called pentiti.


2021 ◽  
Author(s):  
Marco Ricolfi

Abstract The purpose of the article is twofold. At a more general level, it aims to illustrate how the changes in intellectual property litigation adopted in Italy since 2005, particularly in connection with the setting of damages suffered by rights holders and the recovery of profits obtained by infringers, have been remarkably successful in increasing the overall efficacy of the protection system. At the same time, it focuses on one particular feature of the system, the newly introduced recovery of profits from innocent infringers, arguing that the adoption of this second limb of recovery is questionable from a policy viewpoint and introduces a number of difficulties in the enforcement process, several of which transpire to be intractable. Some other aspects of the actions, both with regard to damages and recovery of profits, adopted in the recent Italian legislation are examined against the background of the EU enforcement directive and of TRIPS, with a view to highlighting both the strong points and the incongruities of the rules.


2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.


1999 ◽  
Vol 2 (2) ◽  
pp. 159-175
Author(s):  
Laura Domanico

The study examines the Italian legislation on the cultural heritage and the environment, and points out the cultural gaps from the point of view of the definition and comprehension of these matters, and the delays surrounding the management of the cultural heritage in the territory. While theoretical debate on the environment in Italy has received a strong impulse in recent years, the cultural heritage continues to be governed by generally outdated laws of an essentially restrictive and punitive nature. The environment and cultural heritage are also seen by the Italian legislation as two separate entities, with negative consequences at the level of the protection, safeguarding and evaluation of the heritage. The study also puts forward a unified, dynamic view of the human environment (the interaction between human beings and the environment), which includes both the visible and invisible landscapes, the latter existing concealed beneath the surface. The proposed concept of the subsoil is that of a structured universe, in whose understanding and interpretation archaeology plays a determining role. By protecting and safeguarding only what ‘we can see’, i.e. the environmental and historic landscape above the soil, the law forgets that this is nothing other than the product of a series of partial landscapes fossilized and stratified in the course of time. By seeking out a new definition of the human environment, the study advances a conception that takes into account continuing transformations while not excluding an intuitive and emotional approach.


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