Pub Date : 2022-03-15DOI: 10.1163/27725650-01020010
Fabrizio Marongiu Buonaiuti
The author comments on a recent judgment by the Corte di Cassazione (Sezioni Unite Civili) touching upon particularly significant issues of private international law in matters of succession. A central issue in the judgment under review lies in the role of renvoi as an instrument of coordination between national conflict-of-laws systems. This is particularly critical in succession matters, in cases where the choice-of-law rules of the countries concerned are inspired by the opposite systems of unity rather than splitting of succession. Alongside renvoi, the judgment under review touches upon other important issues of private international law, such as characterization and the requirements for a valid optio legis by the deceased. As the author notes, while the case, due to temporal reasons, was decided pursuant to Italian private international law rules in matters of succession, comparable results would have probably been reached based on the choice-of-law rules embodied in the European Succession Regulation No. 650/2012.
作者评论了最近Cassazione法院(Sezioni Unite Civili)的一项判决，该判决涉及继承事项中特别重要的国际私法问题。正在审查的判决的一个中心问题在于撤销作为国家冲突法制度之间协调工具的作用。这在继承问题上尤其重要，因为有关国家的法律选择规则是由相反的统一制度而不是分裂的继承制度所启发的。除撤销外，正在审查的判决还涉及国际私法的其他重要问题，例如死者的性质和对死者提出有效法律选择的要求。发件人指出，虽然由于时间原因，该案是根据意大利关于继承问题的国际私法规则作出裁决的，但根据《第650/2012号欧洲继承条例》所载的法律选择规则可能会得出类似的结果。
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Pub Date : 2022-03-15DOI: 10.1163/27725650-01020011
Orlando Scarcello
In this essay I summarize the Randstad Italia case, involving a preliminary reference from the Corte di Cassazione to the Court of Justice of the European Union (“cjeu”). By referring to the cjeu, the Corte di Cassazione attempts to overcome the interpretation of Article 111(8) of the Italian Constitution provided by the Corte Costituzionale. The Corte di Cassazione deems the restrictive interpretation of the notion of “reason of jurisdiction” incompatible with the EU principle of effective judicial protection, as it prevents plaintiffs from being heard by the Corte di Cassazione when their procedural rights have been violated. The Opinion of Advocate General Hogan is then considered, and it is showed how it proposes a solution of the case that avoids a possible constitutional clash with Italy. ag Hogan suggests a minimum standard of effective protection that leaves room for national procedural autonomy, in this case via the restrictive interpretation of Article 111(8) given by the Corte Costituzionale.
在这篇文章中，我总结了任仕达意大利案，涉及从Corte di Cassazione到欧盟法院(“cjeu”)的初步参考。通过提及法院，Cassazione法院试图克服宪法法院对《意大利宪法》第111(8)条的解释。法院认为，对“管辖权理由”概念的限制性解释不符合欧盟的有效司法保护原则，因为当原告的程序性权利受到侵犯时，法院无法听取原告的意见。然后考虑辩护律师霍根的意见，并展示了它如何提出一个解决方案，以避免可能与意大利发生宪法冲突。ag Hogan建议有效保护的最低标准，为国家程序自治留有余地，在这种情况下，通过宪法法院对第111(8)条的限制性解释。
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Pub Date : 2022-03-15DOI: 10.1163/27725650-01020005
M. Bassini
The article provides a comparative overview on recent case law developments concerning the so-called deplatforming, calling for a more in-depth consideration of the role of social network service providers. By comparing the US and Italian scenarios, it delves into the question on whether these operators should be equalized to public forums or State actors and then subject to stricter regulation with respect to content moderation.
{"title":"Social Networks as New Public Forums?","authors":"M. Bassini","doi":"10.1163/27725650-01020005","DOIUrl":"https://doi.org/10.1163/27725650-01020005","url":null,"abstract":"\u0000The article provides a comparative overview on recent case law developments concerning the so-called deplatforming, calling for a more in-depth consideration of the role of social network service providers. By comparing the US and Italian scenarios, it delves into the question on whether these operators should be equalized to public forums or State actors and then subject to stricter regulation with respect to content moderation.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124329141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1163/27725650-01020014
A. Schillaci
On 27 October 2021, the Italian Senate decided not to proceed further in the discussion of the so called Zan bill against homophobia and transphobia. Although such a vote does not prevent the Senate from resuming the discussion after six months, it has made clear that there is no majority to approve this bill in the Senate. Nevertheless, the paper focuses on the main issues discussed in the public debate regarding the bill and particularly on the deep conflict between, on the one hand, the recognition of different identities in the public space and, on the other, the protection of freedom of expression and its connection with pluralism of opinions.
{"title":"Back at It. Italy’s Struggle for a Law against Homophobia and Transphobia","authors":"A. Schillaci","doi":"10.1163/27725650-01020014","DOIUrl":"https://doi.org/10.1163/27725650-01020014","url":null,"abstract":"\u0000On 27 October 2021, the Italian Senate decided not to proceed further in the discussion of the so called Zan bill against homophobia and transphobia. Although such a vote does not prevent the Senate from resuming the discussion after six months, it has made clear that there is no majority to approve this bill in the Senate. Nevertheless, the paper focuses on the main issues discussed in the public debate regarding the bill and particularly on the deep conflict between, on the one hand, the recognition of different identities in the public space and, on the other, the protection of freedom of expression and its connection with pluralism of opinions.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117081326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1163/27725650-01020008
Giorgia Berrino
The Corte di Cassazione, with judgment No. 20442/2020, faced again the issue of German compensations for the victims of international crimes perpetrated by the Third Reich, ruling that immunity of Germany cannot be recognized in claims brought by the victims, or by their heirs, before the Italian courts. At first reading, the decision seems not to have added anything new to the domestic case law in Italy following judgment No. 238/2014 of the Corte Costituzionale. However, an in-depth analysis shows that there are two key points expressed by the Corte di Cassazione: the due effect of judgment No. 238/2014 and the overlap of the arguments used in the Italian judgments after 238/2014 and those prior to ICJ Judgment of 3 February 2012. At any rate, the problem of German compensation is still far from being resolved. The only way to reach the longed-for diplomatic solution would be a judgment similar to 238/2014 on the immunity of States’ properties from measures of constraint.
{"title":"“Plus Ça Change, Plus C’est la Même Chose”: State Immunity and International Crimes in Judgment No. 20442/2020 of the Corte di Cassazione","authors":"Giorgia Berrino","doi":"10.1163/27725650-01020008","DOIUrl":"https://doi.org/10.1163/27725650-01020008","url":null,"abstract":"\u0000The Corte di Cassazione, with judgment No. 20442/2020, faced again the issue of German compensations for the victims of international crimes perpetrated by the Third Reich, ruling that immunity of Germany cannot be recognized in claims brought by the victims, or by their heirs, before the Italian courts. At first reading, the decision seems not to have added anything new to the domestic case law in Italy following judgment No. 238/2014 of the Corte Costituzionale. However, an in-depth analysis shows that there are two key points expressed by the Corte di Cassazione: the due effect of judgment No. 238/2014 and the overlap of the arguments used in the Italian judgments after 238/2014 and those prior to ICJ Judgment of 3 February 2012. At any rate, the problem of German compensation is still far from being resolved. The only way to reach the longed-for diplomatic solution would be a judgment similar to 238/2014 on the immunity of States’ properties from measures of constraint.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116154012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1163/27725650-01020006
G. De Gregorio
This article aims to analyse how the consolidation of the European constitutional system of privacy and personal data has contributed to building a transnational model in the digital age. By adopting a comparative perspective, this work aims to underline how the European approach has created bridges across the Atlantic, providing an opportunity to examine different expressions of digital constitutionalism. The first part underlines the consolidation of the protection of personal data in the European constitutional framework. The second part analyses the extension of the European model across the Atlantic, looking at the extraterritoriality, global delisting, and transfer of data. The third part examines the transatlantic challenges for constitutional democracies as global regulators in the algorithmic society.
{"title":"The Transnational Dimension of Data Protection","authors":"G. De Gregorio","doi":"10.1163/27725650-01020006","DOIUrl":"https://doi.org/10.1163/27725650-01020006","url":null,"abstract":"\u0000This article aims to analyse how the consolidation of the European constitutional system of privacy and personal data has contributed to building a transnational model in the digital age. By adopting a comparative perspective, this work aims to underline how the European approach has created bridges across the Atlantic, providing an opportunity to examine different expressions of digital constitutionalism. The first part underlines the consolidation of the protection of personal data in the European constitutional framework. The second part analyses the extension of the European model across the Atlantic, looking at the extraterritoriality, global delisting, and transfer of data. The third part examines the transatlantic challenges for constitutional democracies as global regulators in the algorithmic society.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131734590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1163/27725650-01020003
G. M. Ruotolo
The article frames different international law approaches to Internet regulation through the study of some specific aspects, the legal consequences of the qualification of the Internet as common heritage of mankind/global public good, and the domain name system (dns) governance.
{"title":"Abolish the Rules Made of Stone?","authors":"G. M. Ruotolo","doi":"10.1163/27725650-01020003","DOIUrl":"https://doi.org/10.1163/27725650-01020003","url":null,"abstract":"\u0000The article frames different international law approaches to Internet regulation through the study of some specific aspects, the legal consequences of the qualification of the Internet as common heritage of mankind/global public good, and the domain name system (dns) governance.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"8 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127512842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1163/27725650-01020015
G. Repetto
Moving from the emergence of a third layer of European constitutional integration, as embodied by those various agencies and institutions called to promote human rights and the rule of law, the article focuses on the role of the Venice Commission as described by a recent book of Sergio Bartole. In particular, it dwells on the evolution of the Venice Commission, on the different functions it has been entrusted with, on the relationship with other institutional actors, on its fields of intervention and, lastly, on the methodological contribution its action may give on the establishment of a European constitutional heritage.
{"title":"The Venice Commission and the Construction of European Constitutional Law","authors":"G. Repetto","doi":"10.1163/27725650-01020015","DOIUrl":"https://doi.org/10.1163/27725650-01020015","url":null,"abstract":"\u0000Moving from the emergence of a third layer of European constitutional integration, as embodied by those various agencies and institutions called to promote human rights and the rule of law, the article focuses on the role of the Venice Commission as described by a recent book of Sergio Bartole. In particular, it dwells on the evolution of the Venice Commission, on the different functions it has been entrusted with, on the relationship with other institutional actors, on its fields of intervention and, lastly, on the methodological contribution its action may give on the establishment of a European constitutional heritage.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126002709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1163/27725650-01020018
{"title":"Back matter","authors":"","doi":"10.1163/27725650-01020018","DOIUrl":"https://doi.org/10.1163/27725650-01020018","url":null,"abstract":"","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116817661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-02DOI: 10.1163/27725650-01020002
Angioletta Sperti
The rise of the Internet and associated technologies and the widespread use of social media have deeply affected the relationship between constitutional courts, the media and public opinion. Increased public exposure increases the risks of misunderstandings of courts’ judgments and attacks on courts’ legitimacy. The article aims at addressing the challenges that changes in institutional communication are now posing for constitutional courts. It focuses on the courts’ concern that their decisions are faithfully reported by the media and understood by a specialized audience and the general public. It analyzes the different tools courts have adopted to counteract misinformation and addresses the reasons why constitutional courts have been engaging in a more proactive communication in order to prevent misreading or even exploitation of the contents of their decisions.
{"title":"Constitutional Courts Speak Their Voice: Their Fight Against Fake News and Disinformation on Constitutional Justice","authors":"Angioletta Sperti","doi":"10.1163/27725650-01020002","DOIUrl":"https://doi.org/10.1163/27725650-01020002","url":null,"abstract":"\u0000The rise of the Internet and associated technologies and the widespread use of social media have deeply affected the relationship between constitutional courts, the media and public opinion. Increased public exposure increases the risks of misunderstandings of courts’ judgments and attacks on courts’ legitimacy. The article aims at addressing the challenges that changes in institutional communication are now posing for constitutional courts. It focuses on the courts’ concern that their decisions are faithfully reported by the media and understood by a specialized audience and the general public. It analyzes the different tools courts have adopted to counteract misinformation and addresses the reasons why constitutional courts have been engaging in a more proactive communication in order to prevent misreading or even exploitation of the contents of their decisions.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114255005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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