Books and Journals

Category

Publisher

Documenti più recenti

• Ykpaiha 2022
  • University of Bologna Law Review
• Legitimate Aims, Illegitimate Aims and the E.Ct.H.R.: Changing Attitudes and Selective Strictness
  • University of Bologna Law Review

  This article aims to trace the recent changes in the case law of the European Court of Human Rights, pertaining to the legitimate aim test, which has so far not been appropriately considered in existing jurisprudence. It first shows that the legitimate aim test is not just a paper tiger, and has a bigger bite than it has been given credit for, especially for the last ten years. Furthermore, despite its “procedural turn”, the Court has recently been more inclined to take the legitimate aim disputes to a factual level by questioning the governments’ assertions of legitimate aims with regard to not only their legal justificatory capacities but also as to their factual accuracy. However, this shift towards a stricter, more sceptical approach is only observable against certain member states. This finding aligns with recent scholarship on the Court’s differentiated approach towards Member States, often called “the variable geometry”

• Sale of Quotas for Greenhouse Gas Emissions as a Type Civil Sale and Purchase Contract
  • University of Bologna Law Review

  The article examines the emergence, development and current legal regulation of the sale and purchase agreement, and reveals the place of sale of quotas for greenhouse gas emissions in the system of civil contracts. The character of the sale of emission quotas between states is considered, as well as the legal nature of the quota sale (carbon units) contract in the framework of national jurisdictions. The authors conclude that the term “quota” means a quantitative limitation of greenhouse gas (G.H.G.) emissions, which should be understood as gaseous waste (G.W.), which has not received clear regulation in the national (Russian) law. Recognition of G.W. as a kind of industrial waste will make it possible to better understand and explain its legal nature, and directly the alienation of a certain amount (quota) of G.W. within the framework of civil legislation is the conclusion of a contract of sale of property rights belonging to the owner of G.W. to another business entity for a fee and for a certain period

• Controlling Shareholders and Intra-Group Transactions: A Special Framework
  • University of Bologna Law Review

  Controlling shareholders and their activities in publicly traded companies have long stirred debate and controversy. Still dominating the corporate landscape across the world, concentrated ownership has been associated with both extraction of private benefits of control (P.B.C.) and entrepreneurship. Drawing on the theories on corporate control, this article contributes to accomplishing the law’s goal of promoting the entrepreneurial role of controlling shareholders, yet keeping P.B.C. extraction under restraint at the same time in the specific context of intra-group transactions – a breeding ground for both P.B.C. extraction and the implementation of an entrepreneurial idea by corporate controllers. The article submits nuanced and different means of overseeing intra-group transactions in a way that would optimally allow the implementation of a business plan by a controlling shareholder in a corporate group and protect minority shareholders, along with the examination of other issues that are relevant to the oversight of intra-group transactions

• Legal Aspects of Review of Valid Rulings in Criminal Proceedings in Connection with Significant Violations of Substantive or Procedural Provisions of the Law
  • University of Bologna Law Review

  The aim of this article is to review the existing discipline of legal institutes in connection with significant violations of substantive or procedural legal norms and its significance in criminal proceedings in the Republic of Latvia and the Republic of Lithuania, their common and different features, problems and case law. The basis of the research is the analysis of regulatory enactments, court rulings, findings and opinions. The research is based on analytical and synthesis methods study of the correlations and differences in the legal regulation of criminal procedural law, comparative method comparison of specific legal regulations in the criminal procedural law of the Republic of Latvia and the Republic of Lithuania. The analytical method has been used to research, clarify and then evaluate the content of legal principles, terms, legal norms. The method has also been used to analyse court decisions. This method makes it possible to identify the main issues at stake in the content of specific legal provisions and to highlight their novelty, relevance or shortcomings. Statistical data processing methods have also been used in the research to collect and analyse data on a specific category of criminal cases in the Republic of Latvia and the Republic of Lithuania. The study analyses the case law of the Republic of Latvia and the Republic of Lithuania in cases where rulings have been re-examined after their entry into force. Data on such cases are summarised in four illustrations (figures). During the study, it has been established that the regulation of criminal procedure for the review of a judgement after its entry into force is similar in both countries, but the results of the reviewed cases are different. The criminal procedure regulations of the Republic of Latvia and the Republic of Lithuania, which provide for a new review of existing rulings if there exist significant violations of substantive or procedural law, are important to reach a fair decision by eliminating such significant violations committed by courts of first instance or appellate courts. Consequently, justice is achieved and the person’s right to a fair trial is ensured. However, a balance must also be struck between how to ensure the legal force of a valid judgement in accordance with the principle of res judicata, and how to guarantee the rights of individuals to a fair trial. When reviewing an existing decision, the Supreme Court must consider the balance between ensuring the legal force of a valid court judgement in accordance with the principle of res judicata, and guaranteeing the rights of individuals to a fair trial if significant violations of substantive or procedural norms of law come to the fore after the judgement has entered into force

• Analyzing Authoritarianism and Democracy through Academic Freedom in Turkey
  • Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

  The article examines the concepts of authoritarianism and democracy in Turkey through an analysis of academic freedom. From its foundation, Turkish democracy has suffered from being hybrid, i.e., a combination of democratic and authoritarian elements. Since 2016, after the attempted coup d’état, Turkish parliamentarianism has been transformed into a one-man regime. This contribution analyses the new type of Turkish authoritarianism from its foundation, since the rise of Justice and Development Party (AKP), using the Gramscian concept of hegemony and the role of the intellectual. Then, the article presents an interview with a scholar still working in a Turkish university to better understand the state of academic freedom in Turkey.

• La Natura come soggetto di diritto nell'ordinamento dell'Uganda
  • Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)
• The 'Method and Madness' of Authoritarian Constitution Making in Democratic Regimes
  • Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

  Globally, more than half the attempts at making a democratic constitution have failed to produce one. Another large number of constitutions have suffered the ignominy of having a draft made and implemented, but ultimately being rejected by the populace or political elites for failing to perform its intended functions. A curious case emerges in instances when would-be-autocrats draft authoritarian constitutions in democratic regimes. They do it rather successfully. Moreover, they do so without using force, with the consent of large sections of the society, and in ostensibly democratic ways. The question that then arises is how would-be-autocrats are more successful than their democratic counterparts in such ventures. Using three varied examples of authoritarian constitution-making from Hungary, Venezuela, and Turkey, this article will examine the ‘method and madness’ behind the success of would-be autocrat’s constitution-making endeavors and these authoritarian constitutions’ acceptance by the populace.

• L'Unione Europea e la controffensiva baltica nella garanzia dello Stato di diritto
  • Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)
• Il difficile bilanciamento tra libertà accademica, libertà di espressione e autonomia universitaria. Brevi riflessioni sulle riforme dell'istruzione superiore in Polonia e Slovacchia
  • Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)