http://elea.unisa.it/xmlui/handle/10556/5777 2026-04-20T11:26:53Z http://elea.unisa.it/xmlui/handle/10556/5820 La politica europea di cooperazione giudiziaria in materia civile e il suo impatto negli ordinamenti nazionali Salerno, Francesco 2021-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/5819 L’equilibrio nei rapporti tra Corti europee e Corti nazionali: un’autentica quadratura del cerchio possibile solo in prospettiva de iure condendo Ruggeri, Antonio The paper highlights the inconsistencies in theoretical construction exhibited both by the jurisprudential orientations of the European Courts and by those of the national courts in the field of safeguarding fundamental rights; in particular, it highlights the lack of an organic theory of the Charters on the part of the Constitutional Court. It therefore notes the unjustified difference in the treatment reserved to the charters themselves both in terms of the theory of sources and the theory of interpretation, as well as in terms of the decisional techniques used to resolve inconsistencies between the charters in question; and suggests certain changes to be made to the canons on which the proceedings are based, in order to remedy some of the drawbacks hitherto observed. The study concludes with a brief final remark concerning the overexposure of judges and their hyperpoliticisation. 2021-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/5818 Brexit e accordi di riammissione dell’Unione europea Cellamare, Giovanni The effects of Brexit on the application of the EU readmission agreements can be examined first from the point of view of the relationship between the UK and the Member States. With regard to the readmission of citizens of Member States and the UK in their mutual relations, the readmission obligation deriving from general international law remains where the necessary conditions are met, given the absence of relevant agreements. As regards the relations with third States that are parties to the EU readmission agreements, the mentioned agreements will continue to be applied in the Member States, but could possibly no longer be applied in the UK, although the readmission obligation under customary international law continues to apply. The application to the UK of the content of the EC/EU readmission agreements could take place in the case of a manifestation of the coinciding will on the part of the UK and the third States that are interested in giving continuity to the application of said content, to the extent to which they wish to accept it. The relationship between the withdrawal of the UK and the application of the readmission clauses contained in agreements having a different object should be understood in light of the solution one chooses to give to the controversial problem of the effectiveness of those agreements for the UK after the withdrawal. That solution is affected by the multilateral or bilateral qualification of the agreement, as well as the notion of party accepted by the same agreement and the logicalsystematic connection of its clauses. 2021-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/5817 Spazio europeo e clausole di deroga dei trattati internazionali in materia di diritti umani: spunti dalla nuova prassi relativa all’emergenza pandemica Eboli, Valeria The paper seeks to analyze the impact of the pandemic on the practice of the States about the proclamation of a state of emergency and their related obligations arising from the main human rights treaties in this regard. In particular, the analysis focuses on how far such a situation may be used to invoke a derogation clause, such as those contained in Art. 15 of the European Human Rights Convention, Article 4 of the International Covenant on civil and political rights, Article 27 of the American Convention on Human Rights or Art. 4 of the Arab Charter of Human Rights. The paper will review the state practice related to the derogations invoked to deal with COVID 19, in order to assess whether it is in line with past practice or significant novelties have emerged. 2021-01-01T00:00:00Z