The Pyrrhic Victory of Mr. Francovich and the Principle of State Liability in the Italian Context

2017 ◽  
pp. 338-356
Author(s):  
Antonio Bartolini ◽  
Angela Guerrieri
2017 ◽  
Vol 15 (2) ◽  
pp. 131-146
Author(s):  
Andrzej Adamczyk

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.


2008 ◽  
Vol 35 (1) ◽  
pp. 1-48 ◽  
Author(s):  
Lino Cinquini ◽  
Alessandro Marelli ◽  
Andrea Tenucci

In the last decade, an increasing number of analyses of accounting history literature have been undertaken to classify historical research paths and to “map” the variety of approaches and issues of the discipline in different geographical settings so as to make international comparisons. The paper develops these topics in the Italian context by studying the development of accounting history research (AHR) in the last 15 years. Contributions by Italian authors have been published in international and national specialist journals as well as in more general accounting journals. Other papers have been presented and published in the proceedings of the biannual SISR (Società Italiana di Storia della Ragioneria) Congress and in the Congress celebrating the 500th anniversary of the publication of Pacioli's Summa held in Venice in 1994. The findings chart publication trends during the period 1990–2004 from a quantitative and qualitative perspective, based on different dimensions, the dynamic of change in Italian AHR, and its possible limitations. The paper is informed by an international perspective and causal interpretations are attempted.


Author(s):  
Selena Grimaldi

Recently, Italian presidents have become pivotal figures, deeply affecting the direction of the Italian political system, exercising influence far beyond their previous role as constitutional guardians. The aim of this chapter is to understand how Oscar Luigi Scalfaro, Carlo Azeglio Ciampi, and Giorgio Napolitano have gained and spent ever greater amounts of power. The analysis is based on the LCI approach; however, the indicators used by Bennister et al. (2015) have been adapted both to the Italian context and to ‘institutionally’ constrained leaders. The LCI allows the traceability of power over time, revealing how each president has built on others’ strengths but all have encountered similar limits: while Italian presidents can spend their capital in focused areas, too overt attempts to act politically can erode their capital by damaging their perceived neutrality and moral probity.


Agriculture ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 548
Author(s):  
Adanella Rossi ◽  
Mario Coscarello ◽  
Davide Biolghini

The need for a transition to sustainable food systems is widely recognised. Over the last three decades, movements have been demanding and proposing a radical transformation, foregrounding the social values of food. Experiences inspired by solidarity economy have given rise to highly innovative pathways, grounded on the redefinition of the food-related values and practices and the reconstruction of local, community-based food systems by referring to social and ecological sustainability. One can usefully draw from these experiences for identifying challenges, opportunities and benefits and for analysing the most effective modes of action leading to the creation of alternatives. Capturing and supporting this innovation is particularly important when looking at the opportunities offered by local food policies. This significantly involves the meanings, goals and forms that food governance takes on. The paper aims at investigating these aspects, reading the initiatives inspired by SE principles as an example of social innovation. Their engagement in re-signifying food in terms of “commons” and in “commoning” food systems constitutes a complementary key of analysis. Focusing on the Italian context, the paper draws on many years of qualitative research and direct involvement in these initiatives. The analysis provides useful insights about the potential for change existing in society and invites us to develop reflexivity on how local food policies capture the opportunity for a re-politicisation of food-related issues.


2021 ◽  
pp. 146801732110146
Author(s):  
Nadia Rania ◽  
Laura Pinna ◽  
Ilaria Coppola

Summary Although migrant families comprise a small number of immigrants, they present a significant challenge for the host community. In the Italian context, social services support migrant families through paths to autonomy and integration in the community. The purpose of this study was to investigate perceptions that families and social workers have of “parenting” and “doing family” (training and management of family identity, roles and daily practices) in the complexity of migration. The study involved 15 immigrant parental couples, using family interview techniques and 12 social workers in 3 mini-focus groups. The collected materials were transcribed verbatim and analyzed using grounded theory. Findings The main results are identified and discussed as strengths, critical points and challenges. Some of the themes such as “willingness to work” or “lack of job opportunities” are common to both family members and social workers. Other themes are relevant to one group only. Among these, “availability and support of social workers” only emerged among families, whereas “education and respecting the rules” only emerged among social workers. Applications The results indicate that it is necessary for social workers to engage in a meaningful helping relationship with families, build networks of inclusion services, and also with the support of mediators overcome linguistic and cultural barriers. Social workers should involve families throughout he integration process. Furthermore, social services must also consider how families experience the difficulty of relating to social workers, which represents an obstacle to support for social integration.


2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.


Author(s):  
Carmelo Gugliotta ◽  
Davide Gentili ◽  
Silvia Marras ◽  
Marco Dettori ◽  
Pietro Paolo Muglia ◽  
...  

The aim of the study is to evaluate the preparedness of retirement and nursing homes in the city of Sassari at the end of the first wave of the severe acute respiratory syndrome coronavirus 2 epidemic, first by investigating the risk perception of epidemic outbreaks by the facility managers and subsequently by carrying out a field assessment of these facilities. To perform the field assessment, a checklist developed by the CDC (Infection Prevention and Control Assessment Tool for Nursing Homes Preparing for COVID-19) and adapted to the Italian context was used. Fourteen facilities took part in the survey (87.5%). The application of good practices for each survey area was expressed as a percentage with the following median values: restriction policies (87.5%), staff training (53.8%), resident training (67.6%), availability of personal protective equipment (41.7%), infection control practices (73.5%) and communication (80%). Among the facilities, considerable variability was observed in these evaluation fields: only the restriction policies and communication activities were applied uniformly. A discrepancy was found between perceived risk and real danger in the facilities, requiring targeted communication actions. At present, it is necessary to promote a new approach based on the prediction of critical events, thereby providing the means to effectively address them.


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