Freedom, Security & Justice: European Legal Studies (2020), n.2http://elea.unisa.it/xmlui/handle/10556/46432024-03-28T22:45:09Z2024-03-28T22:45:09ZLa protección de la salud pública y el respeto a las libertades individuales ante la Covid-19Faramiñán Gilbert, Juan Manuel : dehttp://elea.unisa.it/xmlui/handle/10556/46822021-05-18T07:57:44Z2020-01-01T00:00:00ZLa protección de la salud pública y el respeto a las libertades individuales ante la Covid-19
Faramiñán Gilbert, Juan Manuel : de
2020-01-01T00:00:00ZL’efficacia cross-border degli accordi stragiudiziali in materia familiare tra i regolamenti Bruxelles II-bis e Bruxelles II-terHonorati, CostanzaBernasconi, Sarahttp://elea.unisa.it/xmlui/handle/10556/46812020-11-25T16:33:13Z2020-01-01T00:00:00ZL’efficacia cross-border degli accordi stragiudiziali in materia familiare tra i regolamenti Bruxelles II-bis e Bruxelles II-ter
Honorati, Costanza; Bernasconi, Sara
This article deals with the recognition and enforcement within the
European judicial area of out-of-court divorce (or separation) agreements resulting
from the two procedures introduced in Italy in 2014 by Decree-Law no. 132 of 12
September 2014, prompting a wider use of alternative dispute resolution techniques,
both in civil and commercial matters and in family matters. After a short
presentation of the new procedures, made available to spouses for divorce (by
mutual consent) or separation or modification of divorce/separation conditions, i.e.
the negoziazione assistita mediante avvocati and a divorce procedure before the
Mayor, as civil register officer, provided by Arts 6 and 12 of d.l. no. 132/2014
respectively, the article examines the difficulties that have emerged in the
application to such agreements of the rules on recognition and enforcement of
foreign judgments contained in Regulation (EC) no. 2201/2003, so called Brussels
IIa. These rules are then compared to the regime on recognition end enforcement
newly introduced by regulation (EU) 2019/1111 (so called Brussels IIb), which, as
of 1˚ August 2022, will replace Brussels IIa, thus providing for an easier and
unquestionable circulation of out-of-court agreements in family matters, also with
regards to issues concerning children. The article eventually suggests that the new
Regulation set the frame for a special regime of circulation of out-of-court
agreements, which mirrors the one already existing for court decisions and allows
for a judicial control of the Regulation requirements for the circulation of deeds.
2020-01-01T00:00:00ZDignità umana e tutela dei detenuti nello “Spazio di giustizia” dell’Unione europeaCarta, Maria Cristinahttp://elea.unisa.it/xmlui/handle/10556/46802020-11-25T16:38:38Z2020-01-01T00:00:00ZDignità umana e tutela dei detenuti nello “Spazio di giustizia” dell’Unione europea
Carta, Maria Cristina
The article aims to show how, more than twenty years after the Tampere
European Council and more than ten years after the recognition of the binding legal
force of the Charter of Fundamental Rights of the European Union, the goal of a
European area of (Freedom, Security and) Justice is still a work in progress. In fact,
this is an objective that can only be fully achieved by overcoming certain critical
issues that still persist and hamper its full implementation. In this context, the article
examines the often-conflicting relationship between prison treatment and detention
conditions on the one hand and the protection of the rights and human dignity of
prisoners on the other. Through an examination of European jurisprudence
(especially of the ECJ and only indirectly – if invoked – of the ECHR), the article
shows how the situation of impasse in which Italy (amongst others EU States) has
found itself for years in dealing with the problem of prison overcrowding, could
perhaps be addressed by co-ordinated action from the Council of Europe and the
European Union.
2020-01-01T00:00:00ZConfisca urbanistica e prescrizione del reato tra giurisprudenza nazionale e giurisprudenza della Corte EDUGrasselli, Federicahttp://elea.unisa.it/xmlui/handle/10556/46792020-11-25T16:45:07Z2020-01-01T00:00:00ZConfisca urbanistica e prescrizione del reato tra giurisprudenza nazionale e giurisprudenza della Corte EDU
Grasselli, Federica
The article aims to shed light on the controversial issue related to the
applicability of confiscation of land in the event of unlawful site development under
Law no. 44 of 380/2001, despite the dismissal of the related criminal trial due to a
statute of limitations. The article analyzes the main judgments related to the
confiscation of land and the occurrence of a statute of limitations in the related
criminal trial, with particular reference to the case of Sud Fondi Srl and Others v.
Italy, the case of Varvara v. Italy, the judgment of the Italian Constitutional Court no.
49/2015, the judgment of the Grand Chamber of the European Court of Human Rights
G.I.E.M. S.r.l. and Others v. Italy and the recent decision of the Italian Supreme Court
no. 13539/2020.
2020-01-01T00:00:00Z