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Company and shareholders
The book contains a comparative overview of national company law in Europe, America and Asia, with a specific analysis of the Italian rules concerning shareholders’ disputes. It reproduces the Report “Shareholders’ and Company Disputes” held at International Meeting for magistrates “Competent Judicial System and Strengthening of the Capacity and Efficiency of Jurisdiction through Training”, organized by the Bulgarian National Institute of Justice, in Varna (BULGARIA) from the 17th to the 18th of June 2015, within the Program “Call 2011 of Operational Program 'Administrative Capacity' co-financed by the European Social Fund”.
A journey trough countries and history
The book covers the most important historical events of the twentieth century and the new millennium, from a very special standpoint, that one of the judgments of the European Court of Human Rights. In this respect, we have both a reading of history and a brief legal analysis, almost a “divertissement” that combines two different areas of the humanities.
Freedom of expression in the internet society
The study analyses the provisions of article 10 of the European Convention of Human Rights, which protects freedom of expression, in the context of the Internet society. Recent landmark ECHR and ECJ judgments, useful to explain the peculiar mechanism of protection of freedom of expression in the field, are examined in the text. A special attention is given to the ECHR Grand Chamber Delfi v. Estonia judgment, delivered in 2015, which clearly set the position of the Information service providers, their powers and duties to filter and block illegal data, and their responsibility for defamation brought by Internet users.
THE RECEPTION OF HUMAN RIGHTS IN EARLY MODERN CHINA: 1897 - 1927
This book aims to provide a context-informed, culture-sensitive picture of the reception of human rights in the early period of Chinese modernization. Following the delineation of the role of human rights in the democratic campaign, the anti-patriarchy movement and the cultural-psychological transformation, it inquires the conceptual grounds for the reception of human rights as well as features of the Sinicized understanding of human rights. It presents how the indigenous humanistic resources and the imported Western ideas jointly resulted in the ready acceptance of human rights, which was remarkably underpinned by a prevalent patriotic motivation. Observing the moral connotation in the Chinese interpretation of human rights, it discloses the impact of the traditional ‘ethical’ vision of the individual that subsumed the ‘right’ perspective, which both harbored the inclination of new forms of oppression of individual freedom, and provided a possible paradigm that synthesizes the good of the individual and of society. This constituted an inquiry of the relationship between Confucianism and human rights, which is still a theme of fierce debate in contemporary discussions.
Medical negligence
The book lies in the field of Legal Studies. The practical goal of this book is to provide an accessible yet challenging explanation of the cases dealt in the area of medical negligence, first by the European Commission of Human Rights (from 1954 to 1998, before Protocol 11 to the European Convention on Human Rights entered into force, allowing individuals to have direct access to the European Court of Human Rights) and later on by the European Court of Human Rights. The book is intended as a manageable and useful introduction in the legal issues examined by the above mentioned European judicial bodies in connection with allegations of medical negligence, and therefore does not attempt to delve into the entirety of the subject in the full detail it deserves.
Dissolution of political party
The Korean Constitutional Court adopted a two-prong test in its first case on dissolution of political party in determining whether to dissolve the political party. According to Article 8 Section 4 of the Korean Constitution, a political party may be dissolved if the purposes or activities of the political party are contrary to the fundamental democratic order. The Korean Constitutional Court not only used Article 8(4) of the Constitution as a standard of review for dissolution of political party but also adopted the principle of proportionality as another standard of review to be met even though the Constitution does not explicitly say so. The European Court of Human Rights has also used essentially a two-step test where the dissolution of a political party is justified if there is a pressing social need for the dissolution and the dissolution is proportionate to the legitimate aims pursued. In principle, the criteria established by the Korean Constitutional Court is very similar to the ones developed by the European Court of Human Rights even though the outcome of the application seems to be somewhat different.
RELATIONSHIP OF THE NATIONAL COURTS WITH THE EUROPEAN COURT OF HUMAN RIGHTS
Il saggio riproduce la Relazione introduttiva alla Conferenza di Dublino (Irlanda) del 26 e 27 novembre 2015, organizzato dalla Rete dei Presidenti delle Corti Supreme dell’Unione Europea
WRITTEN PLEADINGS BEFORE THE ECtHR
This book lies in the field of Genre Studies and Legal Translation Studies. It aims at filling in a gap on the language and structure of the occluded genre of written pleadings. The results contain a list of linguistic building blocks used as text-organizing patterns in this genre; they are oriented at legal practitioners who have to draft such documents and may be of use to legal translators.
The Favourability Principle under the Posting of Workers Directive: Minimum Rates of Pay
The book discusses the specific conflict-of-law rule provided for in the Posted Workers Directive under Article 3 (1) and the derogation of this rule resulting from the principle of advantage laid down in Article 3 (7). It outlines the operation of the favourability principle with regard to minimum rates of pay and the practical aspects of the operation of this principle in litigation.
Violence against Women
Ms Daniela-Simona Tatu holds a Master’s Degree in Criminal Law from the Police Academy of Bucharest (Romania) and works as a Public Prosecutor within the Prosecution Office attached to the Bucharest Fourth District Court. Since September 2015 she has been seconded with the European Court of Human Rights, position which allows her to have a closer look into the above mentioned judicial body mechanism. Her main areas of interest are international criminal law and international protection of human rights, areas in which she conducts various researches and publishes on the subject
