Recent Italian Law Research Articles

The European Grouping of Territorial Cooperation (EGTC) as a Strategic Agreement for Cooperation Policies

The study examines the opportunities offered by EC Regulation 1082/2006, along with those offered by the Convention of Madrid, and envisages the establishment of EGTCs (European Group of Territorial Cooperation) as tools to reinforce cooperation projects between territorial bodies from different Member States. Tasks that the EGTCs are called upon to perform by community law are illustrated within the framework of projects financed by the ERDF, as well as through other kinds of financial support. A general overview of the procedures to establish such groups is presented, based on recent Italian law, and points out some critical aspects. The core of this analysis, however, is devoted to the organizational order needed by an EGTC in order to achieve its aims effectively. Therefore, special attention is attached to the aspect of an EGTC as a strategic agreement rather than as a functional entity. The article concludes with an elaboration of medium-term projects as political initiatives, the establishment of a permanent and stable Group seat for discussion and debate and assigning regional and local administrations with the tasks of turning these projects into practice.

Adolescent Use of Insulin and Patient-Controlled Analgesia Pump Technology: A 10-Year Food and Drug Administration Retrospective Study of Adverse Events

To the Editor.—After reading the article by Cope et al,1 we believe even more than ever that the most important factor for successful continuous subcutaneous insulin infusion (CSII) therapy is good selection of the potential candidate to use it.In this respect, after publication of the international recommendations,2 we recently published the Italian recommendations for CSII in pediatric patients.3 Beside the general indications for starting CSII, we considered the specific indications according to patient age.3 We think that the criteria for qualifying a patient as a candidate for CSII may differ depending on age, because every period has different metabolic/social characteristics. In very young children the main risk is hypoglycemia, whereas in adolescents it is the dawn phenomenon and/or insulin resistance and the need for a more flexible lifestyle.3The conclusion of Cope et al1 that insulin pumps may be dangerous in adolescents is not supported by the evidence presented in the article, attributable to the limitations of the study, which were well described, however, in considerable detail by the authors.This could be an issue that deals more with the general challenges of being a teenager and succeeding with type 1 diabetes, regardless of insulin regimen, which underlines the importance of continued parental involvement (also mentioned specifically by the authors).To this end, in a large multicenter Italian study we have observed a CSII drop-out rate of 7% (nearly 1100 patients with CSII, aged 0–18 years [ie, 11% of the total population studied]). Adolescents represent the group in which the drop-out rate was higher (67%), showing once again that adolescence is a challenging period.Beyond patient indications, both the diabetes team and patient/family have to show specific prerequisites.3 In Italy, to start CSII it is essential that all hospitals show these characteristics and be integrated into the Italian Health Organisation. Moreover, to fulfill the most recent Italian law indications, we decided to propose an “informed therapeutic agreement” for the use of CSII between the patient and his or her family and the diabetic team3 to reinforce their motivation. As physicians involved in the care of children with diabetes (some of whom might use insulin pumps), we always recommend remaining involved in children's care, and we would suggest working together to review pump therapy periodically or as a child's situation changes. The pump itself does not hurt; it is the misuse of it that does.

Mapping and Analysing Local Tourism Systems in Italy, 1991–2001

The aim of this work is to identify and map tourist localities seen as concentrations of firms specialized in tourism services and to analyse their employment evolution over the last decade (1991–2001). The industrial districts approach is applied to the tourism industry by introducing the concept of the ‘tourist district’ in the literature relating to tourism research. In particular, the focus is on the identification and measuring of ‘tourist places’. The intention is to research Italian tourism systems by using the local labour system methodology typical of district analysis, thus contributing to the debate about whether specific tourism literature should consider ‘tourist districts’. Tourism supply, measured in terms of employees in the sector, is mapped. From the results of the analysis, the geographical distribution of tourism systems, according to the 1991 and 2001 censuses, is drawn, and the main dissimilarities between cities/regions and tourist specializations (such as seaside, mountain or lake tourism) are distinguished. Finally, a taxonomy of the identified tourism local systems is proposed in order to present some policy implications and reflections regarding the recent Italian law on ‘local tourism systems’.

An environmental analysis for comparing waste management options and strategies

The debate on different waste management practices has become an issue of utmost importance as human activities have overloaded the assimilative capacity of the biosphere. Recent Italian law on solid waste management recommends an increase in material recycling and energy recovery, and only foresees landfill disposal for inert materials and residues from recovery and recycling. A correct waste management policy should be based on the principles of sustainable development, according to which our refuse is not simply regarded as something to eliminate but rather as a potential resource. This requires the creation of an integrated waste management plan that makes full use of all available technologies. In this context, eMergy analysis is applied to evaluate three different forms of waste treatment and construct an approach capable of assessing the whole strategy of waste management. The evaluation included how much investment is needed for each type of waste management and how much “utility” is extracted from wastes, through the use of two indicators: Environmental yield ratio (EYR) and Net eMergy. Our results show that landfill is the worst system in terms of eMergy costs and eMergy benefits. Composting is the most efficient system in recovering eMergy (highest EYR) from municipal solid waste (MSW) while incineration is capable of saving the greatest quantity of eMergy per gram of MSW (highest net eMergy). This analysis has made it possible to assess the sustainability and the efficiency of individual options but could also be used to assess a greater environmental strategy for waste management, considering a system that might include landfills, incineration, composting, etc.

La normativa italiana sulla “procreazione medicalmente assistita” e il contesto europeo

La normativa italiana sulla riproduzione artificiale si inserisce nel contesto legislativo europeo che, a partire dagli anni ottanta, ha visto il diffondersi di leggi in materia.
 Nella penultima decade del secolo scorso, infatti, il legislatore si è trovato di fronte ad un fenomeno completamente nuovo, ampiamente affermato nella prassi e connotato da una complessità tecnica (peraltro in continua evoluzione) di non immediata comprensione.
 La difficoltà di dare una disciplina ad una materia di tale densità e soprattutto coinvolgente beni (significato della procreazione, valore della vita umana allo stadio iniziale, significato della famiglia) e interessi (degli adulti ad avere un figlio, degli scienziati a fare le ricerche) di rilevante portata, ha spinto i Governi e i Parlamenti ad avvalersi degli Studi condotti da Commissioni costituite ad hoc.
 Nell’articolo, dunque, oltre ad esaminare i contenuti essenziali delle varie leggi in base ad un’analisi comparata che evidenzia i punti di convergenza e di divergenza, le leggi stesse vengono messe in relazione ai risultati raggiunti dai rispettivi gruppi di studio. Ne emergono due interessanti linee di tendenza: da un lato sembra prevalere un’orientamento pragmatico (la cui espressione più marcata si rinviene nel britannico Rapporto Warnock e nella conseguente legislazione britannica) caratterizzato dalla prevalenza del beneficio che si può ottenere dal ricorso alle tecnologie riproduttive a discapito di ogni tutela giuridica dei diritti dell’embrione; dall’altro, viceversa, un’orientamento, che in base alla moderna dottrina dei diritti umani, è disposto a riconoscere al neo-concepito, in quanto individuo vivente appartenente alla specie umana, i diritti umani fondamentali: alla vita, alla famiglia, all’identità (genetica e psicologica). È questo il percorso intrapreso dai documenti europei del 1989, inaugurato dal punto di vista legislativo dalla normativa tedesca (supportata dai lavori della Commissione Benda) e confermato dalla recente legge italiana.
 L’articolo in oggetto non si limita ad una rassegna sia pure ragionata delle normative in vigore, ma offre spunti di riflessione che vanno al di là di un semplice confronto legislativo.

La legge italiana sulla “procreazione medicalmente assistita”: una rilettura biogiuridica

L’articolo analizza la recente legge italiana sulla procreazione medicalmente assistita (PMA) dal punto di vista del rapporto tra bioetica e diritto, soffermandosi in particolare sulla discussione dei diversi e contrapposti paradigmi biogiuridici ossia sui modi di concepire l’intervento e la funzione del diritto, in senso legislativo, nell’ambito della bioetica (il modello “neutrale o liberale” e il modello “etico minimo o della giustizia”).
 Il lavoro analizza in modo critico (dal punto di vista della filosofia del diritto) i principali argomenti della legge (la soggettività del nascituro e il ruolo della famiglia) al fine di mettere in evidenza i punti rispondenti e gli elementi non rispondenti al significato del diritto secondo giustizia.

222Rn determination in some thermal baths of a central eastern Italian area

Some recent Italian laws, based on the Euratom Directive 26/96, introduce the obligation of monitoring the exposition to natural radioactivity in particular worksites (thermal baths, mines, basements, etc.). This paper reports the results of 222Rn measurements in some thermal baths of Rimini and Pesaro-Urbino provinces (Central Eastern Italy), by Radosys-2000, a complete set suitable to radon concentration measurements with CR-39 plastic alpha-track detectors. Some areas where radon could accumulate (bathing, reaction, muddy, inhalation, insufflation rooms and swimming pools) were selected for the investigation. The dosimeters have been exposed for 98 days. The results show that 222Rn concentrations are very low in the considered thermal baths (7-71 Bq.m-3). Moreover, no difference was observed between the concentrations measured in the therapy rooms (bathing, muddy, inhalation and insufflation rooms, swimming pools) and in the normal areas (passages, reaction rooms, dressing rooms, etc.). The calculated dose contribution to workers was about one tenth of the legally suggested value.

Reducing the costs of headache: an Italian approach

Headache is the most frequent reason for neurological consultation, but also a comorbidity often encountered by GPs. The costs of headache are considerable: direct and indirect costs contribute to varying degrees to the overall definition of costs in different countries. DRGs related to headache account for a large percentage of hospital admissions (7.67% in 2000 in Lombardy). A recent Italian law defined certain DRGs as “at risk” for frequent inappropriateness of admission: some of these are groups that embrace the various forms of headache. A task force, comprising the Pavia local health authority (ASL), a representative of local GPs, and several neurologists from the General Hospital and specialist Headache Centre of the city of Pavia, has been formed with the aim of defining the appropriateness of neurological investigations, diagnostic skills, and hospital admissions.

The environment in the provincial plan of Cremona, Italy.

Recent Italian laws mandate the consideration of environmental factors in local plans, especially at the provincial level of government. The plan for the province of Cremona in northern Italy illustrates the integration of the environment in provincial-level planning. The Cremona plan was developed through an ecological planning approach that occurred from 1994 to 1998. As part of this process, the planning team designed an environmental sustainability index. This index was integrated with an environmental capability analysis. To improve the quality of the Cremona landscape, the planning team developed an ecological network. This network seeks to weave together the natural areas of the province, especially by connecting provincial parks to regional river parks throughout Lombardy. The experience of the Cremona provincial plan has implications for environmental management elsewhere in Italy, Europe, and abroad.

Hospital waste sterilization: A technical and economic comparison between radiation and microwaves treatments

Hospital waste (HW) disposal is becoming a problem of increasing importance in almost all industrially advanced countries. In Italy the yearly hospital waste production is about 250,000 tons and only 60,000 tons are treated by incineration at present time. As by a recent Italian law a meaningful percentage of HW (50 to 60%), corresponding to food residuals, plastics, paper, various organic materials, etc., could be landfilled as municipal refuses if preliminarily submitted to a suitable sterilization treatment.Under this perspective, sterilization/sanitation techniques represent now a technically and commercially viable alternative to HW thermal destruction that, besides, is more and more socially and politically less accepted. Electron Beam (EB) and Microwave (MW) treatments are two of the most interesting and emerging HW sterilization techniques, and, based on engineering real data, a technical and economic comparison is carried out, focusing vantages and limits of each process.