This paper contributes to the existing literature by investigating the scope of States’ obligations to realise women’s rights and ensure gender equality amid the COVID-19
pandemic. To this end, the analysis focuses on three areas where the gendered consequences of emergency measures have been the most widespread and/or severe: the [...]
The essay traces the evolution of constitutional jurisprudence about consistent interpretation of Constitution up to its most recent arrivals, which are still insecure today
and burdened with not removed theoretical-reconstructive aporias. An attempt is made to explain the perspective change on the basis that the consistent interpretation [...]
The author offers a reconstruction of the typical modality of application of the general clauses, represented by their concretization. The latter takes place through the use,
by the judge, of the the principles of the legal sistem, both of those specific to each specific sector, and of those of constitutional law. [...]
On the 3rd of May, the Rome Tribunal accepted the complaint lodged by the Ministry of Interior against the interim measure with which, last January, the same Court declared
the illegitimacy of the procedure of migrants and asylum seekers informal readmission in Slovenia, because of the violation inter alia of the principle of non-refoulement. [...]
The legal framework governing proceedings before the ECtHR does not deal with cases in which victims of human rights violations are not de jure and/or de facto capable of lodging
applications with the Court. In the effort of overcoming such a procedural lacuna, the Court has established a test that, taking into consideration the extreme vulnerability [...]
Some aspects of the English trust It is an accepted fact that the English common law has long been characterized by the historical presence of one peculiar institute, mostly
unknown to many other European legal systems. Actually, trust has been at the centre of the scene for almost 800 years, even if with different names and functions. [...]
After describing the structural differences between the repa- rative cases of environmental harms found in current criminal legislation and the tools of restorative justice
recently introduced in our legal system by the Cartabia Reform, the contribution reflects on the obstacles to their use in the sphere of environmental crimes and, [...]
The chapter advocates for a pluralist approach to the concept of rule of law. Having examined the concept and its implications, the essay moves from the now commonly accepted
idea that there is a Chinese concept of rule of law to consider and reconstruct the African concept of rule of law, which takes into proper account the African jurisprudence [...]
Positive Obligations related to the ECHR provisions play a central role in investigating severe crimes and protecting victims. Art. 4 ECHR is particularly relevant in the context
of the fight against Trafficking in Human Beings (THB). Among the procedural duties deriving from this article, the analysis focuses on the obligation to not prosecute [...]
This analysis, which focuses on the difficult relationship between criminal justice and judicial information, examines only some of the most controversial aspects, starting
with an undisputed premise, namely that over time the function of communication in judicial matters has changed, evolving from informative to formative. [...]