Recent Italian Law Research Articles

New and old parenting: reflections about assisted reproductive technologies in view of recent Italian law.

The constant advancement of reproduction technologies has broadened the panorama of possible techniques and has led to a profound change in the concept of the family that has so far been widespread. Assisted reproductive techniques (ART) currently allow to conceive a human being in the absence of physical connection between man and woman. In light of the possibility of conception using heterologous techniques, the concept of parent/child relationship may also be changed. This contribution is intended to highlight how the concept of family is changing and may change in the future in the light of the new ART and the principles recently affirmed in Italian jurisprudence. In the light of the above considerations, it appears of primary importance to definitively clarify the position and rights of the involved parties, underlining the need for an adequate and timely intervention aimed at resolving, among the various issues, the conflict between the donor's interest in protect his/her anonymity and their child's interest in knowing his/her their origins.

Il lascito del proprio corpo a fini didattici e di ricerca. Il nobile (ma vano) intento della legge 10/2020

The essay gives a sharp outline of the recent Italian law ruling body donation to science after death, as a personal choice exclusively founds on a conscious and free act of will. The statute, however, has not been met its aim, lacking of supporting the donor in making his consent fully effective. Indeed, as one of the highest displays of human solidarity, this issue would have required a balance between scientific research interests and individual autonomy protection.

Punishing Vices or Rewarding Virtues? The Motivations for and Benefits of Ethical Ratings for Private Italian Companies

In A Treatise on Virtues and Rewards, Dragonetti (1769) advances a theory of action based on rewards for virtues. The idea of rewards, especially of awards, relies on the hypothesis that intrinsic motivations drive the actions of good or virtuous citizens. We apply this theory to virtuous entrepreneurs who voluntarily adopt ethical principles as promoted by a recent Italian law. These firms receive an ethical rating (ER) by the Italian Competition Authority (ICA) and can access a set of economic and non-economic benefits (i.e. rewards). We survey a sample of 152 private companies with an ER and examine their views on the economic and social motivations and benefits as well as the perceived usefulness of the ER for improving ethical behaviour. An exploratory factor analysis detects four categories of motivation (economic, competitive, social, and responsiveness) and two categories of benefits (economic and competitive), which we use in regression models to test Dragonetti’s theory. Overall, respondents see the ER as an effective tool, except in terms of improving economic performance. We also find that entrepreneurs with lower economic and higher responsiveness motivations attain higher ERs. However, in the respondents’ opinions, the ER is (still) not producing any concrete benefits since we find no relationship between the ER and economic or competitive rewards. These findings have implications for the ICA as well as for private companies.

Recent Italian Case Law Developments on the Withholding Tax Exemption under the EU Parent-Subsidiary Directive (2011/96)

This note provides an analysis of Italian case law since 2018 on the withholding tax exemption under the EU Parent-Subsidiary Directive (2011/96), and in particular on the two different positions that exist in relation to the subject-to-tax requirement and the elimination of economic double taxation for the purposes of the Directive.

BIM And GIS Data Integration: A Novel Approach Of Technical/Environmental Decision-Making Process In Transport Infrastructure Design

The European Directive 2014/24/EU and its recent Italian transposition law DM 560/2017 encourage an extensive use of BIM-based practices in transport infrastructure design. Therefore, a shift from the traditional design approach towards a shared and highly integrated model, capable of including the various design phases along with economic, operational and environmental concerns, is observed. In such a framework, this work evaluates the benefits returning from the integration between geospatially-referenced data and the BIM models for a more aware design approach.The major aim of this study is to underline the potential of an interoperable and shared model supplemented by GIS data, in minimizing or definitely removing the possible conflicts that typically arise between the infrastructure design and environmental constraints.Particularly, thanks to both the simultaneous assessment of each environmental component and the evaluation of the different project configurations, this methodology can provide an integrated technical/environmental overview of the design.As a result, it allows for immediately verifying the project to comply with the national minimum environmental criteria, which are mandatory for contractors according to the Italian environmental law n° 221/2015 and the new Italian Public Procurement Code.The proposed approach was finally tested on an airport infrastructure. Preliminary results have shown viability of the data management model for supporting designer’s choices in the various project phases, thereby proving this methodology to be worthy for implementation in infrastructure design procedures.

The recent Italian vaccination law and the role of Local Health Authorities: the case of LHA Roma 1

Abstract Issue/problem The increase of vaccine hesitancy is leading to decrease vaccination coverage. In Italy, a new vaccination law was approved in July 2017 to contrast the spread of preventable infections. 10 vaccines became mandatory for children and unaccompanied foreign minors aged 0-16 and provided for free according to the national immunization schedule for each birth cohort. Being vaccinated is now required to attend schools and kindergartens even if a ban for students aged 0-6 or a fine for the other are previewed. Description of the problem According to the law, in Lazio Region, a web platform was realized in May 2018 in order to permit schools to update the list of their pupils. Medical doctors from LHAs had to evaluate continuously the updated lists, verifying the vaccination status of each student in order to approve their enrolment at schools or to recall parents providing counseling about vaccination. Results From August 2018 to March 2019 schools settled in the area of LHA Roma 1 registered 121.687 pupils (among those 105.720 pupils were also resident in the area of LHA Roma 1). After a preliminary check within data already present in the regional vaccination registry, around 30 healthcare operators, from the 6 healthcare districts of LHA Roma 1, were widely involved in order to evaluate pupils’ vaccination status. The number of evaluations decreases in the same period from 19.634 to 4921, but 4908 out of these 4921 were pupils not found in the regional vaccination registry, probably for errors in the registration of personal data such as the fiscal code. Some students’ families received vaccination counseling. Lessons The web platform realization was an innovative way to monitor vaccination status: it facilitates a further collaboration among schools and LHAs in order to guarantee health in community and to increase awareness about vaccinations and their benefits. A great involvement of schools and healthcare operators was observed. Key messages Although some problems such as pupils not found in the regional vaccination registry persist, the way of working in a collaborative way addressing community troubles is clearly traced. Technology and information systems help community services in monitoring and improving health outcomes. Their use has to be improved and promoted.

Complete Distributive Rules and the Single Tax Principle: A Review of Recent Italian Case Law

The authors, in this article, examine the application of complete distributive rules as set out in various tax treaties as it relates to the single tax principle by reference to recent Italian case law.

Donation After Circulatory Death: When Withdrawing Life-Sustaining Treatments Is Ethically Acceptable

The possibility to determine death based on cardiocirculatory criteria in controlled cases, namely when there is a request to withhold treatment—or, more frequently, withdraw it—specifically recalls the recent Italian law on advance treatment directives and leaves the following question unanswered: Under what conditions is the patient's request legally and ethically acceptable?We present three ethical proportionality criteria for supporting physicians' decision-making facing patients' requests of treatment withdrawal, namely: 1. irreversible pathology with an ominous and worsening prognosis; 2. within an evaluation considering both clinical data and the patient's history; and 3. facing burdens that are no longer bearable.We finally argue that reflection over controlled donor may be a model for giving medicine the chance to responsibly deal with broader end-of-life issues.

Scarica il testo completo in PDF Quando la religione si interseca con la tutela di genere: quale impatto sulle dinamiche dell’accoglienza? (prime osservazioni a margine di Cass., sez. I, 24 novembre 2017, n. 28152)

SOMMARIO: 1. Fenomeno migratorio, istanze di protezione internazionale e risposte degli ordinamenti europei - 2. Riconoscimento dello status di rifugiato e fattore religioso - 3. La recente pronunzia n. 28152 del 2017 della Corte di Cassazione - 4. La valorizzazione della prospettiva di genere nel sistema di protezione internazionale - 5. L’intersezione religione/genere quale pivot di una protezione rafforzata di soggetti particolarmente deboli . The Intersection between Religion and Gender Protection: Which Impact on the Dynamics of Hospitality? (Preliminary Remarks to Court of Cassation, Section I, 24 November 2017, No. 28152) ABSTRACT: The intersection between immigration, citizenship, integration in the EU countries is a challenging topic for scholars and religion is becoming a crucial factor. Transnational space allows the development of new meanings, negotiation of identities, interaction of religious actors and practices and integration/participation has an impact on the identity of migrants. The increase of migrations from non-European countries, and the impact of new religious needs underlines the question of whether religious belonging is a factor of either empowerment or disempowerment in the host society. At the same time, migrations in an era of economic crisis emphasize skepticism and hostility towards Islamic groups; refugees and asylum seekers, and the questions connected with international protection have become other controversial issues, contributing to the development of a growing anti-immigrant attitude. Modern democracies are expected to offer answers to increasing demands of international protection; at the same time international protection is becoming a strategic tool to obtain hospitality in European countries, and to avoid the limits connected to access for economic reasons. Recent Italian case law witnesses the development of a gender-sensitive perspective and focuses on the increasing link between religion, gender and international protection.

The Interpretation of Art. 13 CMR: Recent Italian Case Law

The Interpretation of Art. 13 CMR: Recent Italian Case Law

Volume and health outcomes: evidence from systematic reviews and from evaluation of Italian hospital data.

Volume and health outcomes: evidence from systematic reviews and from evaluation of Italian hospital data.

Income Smoothing via Loan Loss Provision in Credit Cooperative Banks

This research investigates whether income smoothing via loan loss provision is lower for Credit Cooperative Banks than for non-Credit Cooperative Banks. Using data collected from the financial reporting of a sample of private banks, and Ordinary Least Square models based on net income or its variation, as used by previous literature, we find that income smoothing through loan loss provision is lower in Credit Cooperative Banks than in banks with different ownership structures. Results remain the same using several robustness tests (decomposition of loans, quality of loans, change in economic growth, cluster and fixed effect, effect of financial crisis). Mutual ownership, smaller size, and the local boundaries that characterize Credit Cooperative Banks may reduce the need for managers to manipulate earnings. Our findings give a positive evaluation of the recent Italian Law No. 18/2016 which reforms Credit Cooperative Banks, and imply that benefits of Credit Cooperative Banks ownership structure may derive from the group structure which gives a higher level of stability and solidity.

Standard of care and guidelines in prevention and diagnosis of venous thromboembolism: medico-legal implications.

Concerning recent Italian laws and jurisprudential statements, guidelines application involves several difficulties in clinical practice, regarding prevention, diagnosis and therapy of venous thromboembolism. International scientific community systematically developed statements about this disease in order to optimize the available resources in prophylaxis, diagnosis and therapy. Incongruous prevention, missed or delayed diagnosis and/or inadequate treatment of this disease can frequently give rise to medico-legal litigation.

An ethics for the living world: operation methods of Animal Ethics Committees in Italy.

Coinciding with the recent implementation in Italy of the "Directive 2010/63/EU, regarding the protection of animals used for scientific purposes", the Authors would like to analyse the topic of the introduction of ethical committees for animal experimentation in Italy. This paper furthermore aims to underline some critical aspects concerning the actions taken by Italian institutions to comply with the provisions of EU. The implementation of the recent Italian law (Decreto Legislativo n. 26 on 4 March 2014 Implementation of the Directive 2010/63/EU on the protection of animals used for scientific purposes) leans towards a restrictive interpretation of the European provisions about composition and responsibilities of "Ethical Committee for Animal Experimentation". In the composition of the bodies mentioned, we note a tendency to restrict the composition to few professional figures contemplated by Italian law, without guaranteeing the independence of each committee; also, an absence of hierarchical relationship between a research institution and his committee is apparent. Moreover, a critical aspect is the lack of decision-making powers of these new organisms in terms of ethical evaluation of protocols and research projects. What EU legislation imposes on the member states is to set up an animal-welfare body (art. 26). This represents a strong incentive for Italy to follow the steps of many other European Countries, where ad hoc ethical committees have been working for a long time. The proper functioning of these bodies may contribute to guarantee the safety and welfare of the animals inside the laboratories, and to balance the protection of animal life and the interests of research.

Regulation of interlocking directorates in the financial sector: a comparative case study

Network analysis techniques are used for investigating the probable effects of a change in the regulation aiming to prevent the anticompetitive effects of interlocking directorates (ID), that is the crossed presence of directors in the boards of competing firms. The case study considers a recent Italian law (Section 36 of Law Decree n. 201/2011) which prohibits ID for credit, insurance and financial companies. The ID networks of the top-100 Italian listed companies and of the financial companies in this same list are considered and compared with the analogous networks in the US. The US networks represent a benchmark given that in the US companies act under Section 8 of the Clayton Act that has banned ID since 1914. The effects on the ID networks of the new Italian law are simulated under two different interpretations of the law. If the law will be applied according to a narrow interpretation, the Italian ID network will rest substantially unaltered. However, if the law will be applied according to a broad interpretation, the ID network for financial firms will be completely modified with a network configuration very similar to the American benchmark.

RECENT DECISIONS OF ITALIAN COURTS ON INTEREST RATE SWAPS

RECENT DECISIONS OF ITALIAN COURTS ON INTEREST RATE SWAPS

Recent Decisions of Italian Courts on Interest Rate Swaps

This note provides an overview of the most recent Italian case law relating to Interest Rate Swaps, describing the circumstances in which they have been declared invalid, and the practical considerations relating to each decision.

Le nuove regole di governance delle società per azioni

The paper provides a critical discussion of the new rules of corporate governance introduced by the recent Italian Corporate Law Reform. It underlines that wider spaces have been given to the by-laws but that, on the other hand, the efficiency of the corporate organization has been improved. It examines the new rules about information, corporate organization, Board of Directors, Director’s liability. It studies the new corporate governance models, especially two-tier system.

Ecological Assessment of a Marine Coastal Area Affected by a Power Plant Water Discharge (Brindisi, Adriatic Sea)

Coastal ecosystems are subjected to multiple stresses, from physical disturbance to chemical contamination related to the local anthropogenic activities. The recent European directives and Italian laws recommend that the assessment of the ecological quality of costal seawater should be based on an integrated approach, taking into account the ecological complexity of the systems and highlighting the potential sources of impact. Here, we present the results of an environmental study carried out in the marine coastal area affected by the sea discharge of a Combined Cycle Power Plant (Torre Cavallo, Brindisi) and characterized by the presence of a Posidonia oceanica meadow. The study focused on the concentration of chemical contaminants in sediments, coupled with the study of quali-quantitative determinations of biological benthic communities meio- and macrozoobenthos). Data were integrated with data of phenology and lepidochronology of P. oceanica, as well as the concentrations of trace elements in leaves and rhizomes, in order to identify potential sources of stress. Results suggested a good status of health of the coastal marine ecosystem.

Egg dates sperm: a tale of a practice change and its stabilization

The aim of this article is to enlarge practice-based studies to the consideration of institutional environment and institutional work, opening a dialogue with neo-institutionalism and, in so doing, advance the growing field of sociology of practice. This study attempts to do this by answering the question: how does a change in a practice become stabilized and what does the new practice do, once stabilized? Within practice-based studies, most studies have considered mainly endogenous changes, emergent from the community of practitioners under study. By contrast, this study discusses an exogenous change (a recent Italian law limits medically assisted reproduction practices) and the emergent relations that stabilize a provisional new practice through negotiation within the institutional context. Stabilization of a new practice is achieved by limitation, by rhetorical closure and by anchoring in technology. The aim of the article is to show the unintended power effects that a new practice generates once stabilized.