170 research outputs found
Silvio Spaventa Filippi
No full textThe headword explains the biography and the contribution of the author Silvio Spaventa Filippi to the children's literatur
Counter-terrorism and fundamental rights: judicial challenges and legislative changes after the rulings in Kadi and PMOI
No full textSince the terrorist attacks perpetrated against the United States of America on the 11 September 2001, counter-terrorism strategy has been prominent in the Western political agenda. The novel nature of the threat, which is not linked to the achievement of a particular political aim against one particular regimet, made the perceived (and real) danger more urgent, so as to elevate it to a global (although predominantly western) emergency. As a result, there has been an increase in the counter-terrorism response both at national and at international level. As part of this response, both the UN and the EU adopted a number of measures aimed at enhancing the effectiveness of counter-terrorism policy by introducing an element of international and/or regional co-ordination. This contribution will focus on one type of these measures, the practice of drafting a list of individuals and organizations suspected of having links with terrorism. Those included in the list are subject to several ‘precautionary’ measures, amongst which the freezing of all of their assets. Both the UN and EU terrorist lists have been at the centre of much legal controversy and as a result of legal challenges significant changes were introduced to the original regimes. Those changes have improved the protection of those listed in these international instruments as well as introducing some transparency: and yet, from a fundamental rights viewpoint these measures are still highly problematic. In this contribution I will look at these issues; thus, after having given some background information, I will briefly recall the changes introduced in the UN own regime. I will then focus on the EU regimes (both the UN- derived and the EU-own) to conclude with an assessment of the fundamental rights compliance of the modified regimes
La politica moderata di Silvio Spaventa durante la transizione unitaria (1848-1859)
No full textIl contributo analizza permanenze e mutamenti nella natura politica del moderatismo di Silvio Spaventa nel periodo che va dal 1848 al 1859
Luigi Spaventa
No full textThe paper introduces to the special issue of the journal, devoted to Luigi Spaventa, former board member and frequent contributor to the journal, Italian MP and minister of the Budget. While most obituaries and recollections of Spaventa focus on his academic or political activities, the author focuses here on Spaventa's contributions to economic theory, in particular the theory of capital and distribution, growth and dualism in development, international finance and the European Monetary System
A primeira Categoria da Lógica de Hegel
No full textEste tradução é um capítulo da obra Scritti Filosofici org. Giovanni Gentile, Nápoles: Ed. Morano & Figlio: 1901, pp. 186-203. Tradução de Danilo Vaz-Curado R. M. Costa (UNICAP), email: [email protected]. Betrando Spaventa, 1817-1883, Professor de filosofia do Direito na Universidade de Modena e após na Universidade de Bolonha, é um dos mais importantes filósofos italianos, sua influência estende-se por diversos países, a exemplo da Itália (Giovanne Gentile), do Brasil (Miguel Reale), da Alemanha (Dieter Henrich), etc. Suas obras principais são: La filosofia di Kant e la sua relazione colla filosofia italiana (1860); Principii di filosofia, 2 vol.,(1867); Saggi critici di filosofia politica e religione (1899); Principi di ética (1904); entre outras. No ano de 2009 a editora Bompiani em reconhecimento a importância do autor, relançou toda a Obra de B. Spaventa numa edição de luxo, em único volume, com mais de 2900 páginas aos cuidados do Prof. Francesco Valagussa, na coleção O Pensamento Ocidental
The outer limit of the treaty free movement provisions: some reflections on the significance of keck, remoteness and deliège
No full textIn writing a piece on the outer boundaries of the free movement provisions, it is inevitable to be forced to revisit very familiar concepts and case law. This investigation has led to findings that the present author had not anticipated: naively, one could have thought that the outer boundaries of the free movement of goods were a settled affair with the exception of the relationship between the doctrine of ‘effect too uncertain and indirect’ and the Keck selling arrangements. After all, the Keck ruling, for all its faults, helped both commentators and national courts to determine when a rule would fall within Article 28 EC: a product requirement is always caught while rules regulating the modalities of sale would in principle, and lacking discrimination, fall outside the scope of that provision. And yet, as noted by Koutrakos, as different situations presented themselves, the Court was forced to ‘fine-tune’ its approach and more rules have been brought back within the reach of Article 28 EC. On closer scrutiny, this fine-tuning might lead to the conclusion that the effect of the Keck ruling has been more limited and less revolutionary than anticipated, and consequently the boundaries of the free movement of goods less defined than one might have thought.
On the other hand, one could have thought that the definition of the outer boundaries of the free movement of persons provisions might be more difficult: it is sufficient to recall the Carpenter ruling as a reminder of the breadth of these provisions. And yet, exactly because no attempt has so far been made to explicitly exclude a given type of rules from the scope of these provisions, the case law on the free movement of persons appears more internally consistent (which of course does not mean that is not hermeneutically problematic). Thus, almost all rules are caught by the free movement of persons provisions and once we accept the ‘discouragement’ test as a starting point this should not come as a surprise. There are only a handful of cases in which the Court excluded the relevance of the Treaty in cases concerning the free movement of persons and, by and large, in those cases the claimants were pushing the dicta of the Court beyond reasonable limits. This said, the discouragement test seems to find its physiological limits in relation to tax rules. Higher taxation in another Member State might clearly deter an economic operator from exercising its Treaty rights; and yet, the Court has so far (rightly) resisted the temptation to subject the level of taxation to the proportionality assessment required once a rule is found to fall within the scope of the Treaty free movement provisions.
This contribution will analyse these issues; it will start by introducing the reader to alternative conceptual backgrounds to the Keck ruling. It will then turn to a scrutiny of the doctrine of ‘effect too uncertain and indirect’; and the case law on selling arrangements. In this respect, it will highlight how the ‘refinement’ of the Court’s approach might signal a change in the very nature of the Keck presumption. It will then conclude with a brief analysis of the free movement of persons provisions, focusing on the different approach adopted in relation to tax rules
Silvio Spaventa Filippi
No full textLa voce enciclopedica presenta il profilo biografico di Silvio Spaventa Filippi il cui operato si distinse in particolar modo nell'ambito del giornalismo per ragazzi come primo e più longevo direttore del "Corriere dei Piccoli" (dal 1908 al 1931). La sua preparazione culturale di respiro internazionale permise di dare vita al piano editoriale della rivista con un'attenzione specifica verso la letteratura per l'infanzia straniera, verso il fumetto. Diede vita a una scuola di "figurinai" e di scrittori nostrani che si affermarono proprio tra le pagine del noto periodico. Ebbe inoltre il merito di tradurre importanti autori stranieri facendoli conoscere al pubblico italiano
The constitutional impact of union citizenship
No full textThe purpose of this paper is to revisit, and to a certain extent challenge, the debate on the constitutional effects of Union citizenship. The scholarship, the present writer included, has extensively analysed the effects of Union citizenship and has almost consistently argued that such effects are of a constitutional significance. However, after more than ten years of case law, and almost twenty years since Union citizenship was introduced in the Maastricht Treaty, the time is ripe to question whether Union citizenship is a concept of real Constitutional significance, or rather whether Union citizenship is only a limited step that, only partially affects the constitutional telos of the Treaty, mainly by expanding its scope in some circumstances. Here, one should note how the debate, which involves social scientists as well as lawyers, has gone in one of two, often overlapping, directions: a highly theoretical analysis of the consequences of challenging the link between national-state/nationality and citizenship; and an analysis of the consequences of the Court’s interpretation of the citizenship provisions, both in terms of the challenge it poses to traditional national-based structures, and in particular to the welfare state; and in terms of its broader legal constitutional relevance. In this contribution, I will focus only on the latter aspect, to assess whether the constitutional impact of Union citizenship might not need to be reconsidered.
In order to do so, I will start by recalling the terms of the debate and how the scholarship has construed the constitutional challenge posed by Union citizenship. I will then turn to assess the constitutional implications of citizenship on both the national and the Community dimension. I will then analyse the recent ruling in Förster, as well as on the limitation to the scope of the citizenship provisions as currently interpreted by the Court
Chloride fluxes activated by parathyroid hormone in human erythrocytes
No full textWe used the chloride fluorescent probe, 6-methoxy-N-(3-sulfopropyl)quinolinium (SPQ), to study chloride fluxes in human erythrocytes. The SPQ load was made by hypotonic buffer (150 mOsm, 10 min). Intracellular fluorescence was monitored continuously at 360 nm excitation and 410 nm emission wavelengths. The leakage of SPQ out of cells was <5% h−1 and the Stern-Volmer constant for quenching of intracellular SPQ by Cl was 0.023 mM−1. The time course of intracellular [Cl] was measured and the influence of PTH, forskolin, and phorbol 12-myristate 13-acetate (PMA) on erythrocyte Cl transport was examined. The results establish a direct method to measure intracellular [Cl] continuously in erythrocytes and show that PTH induces a Cl efflux inhibited by 4,4′-diisothiocyanatostilbene-2,2′-disulfonate. This effect was similar to those induced by forskolin, which stimulates cAMP generation, and by PMA, which stimulates protein kinase C
Erythrocyte voltage-dependent calcium influx is reduced in hemodialyzed patients
No full textErythrocyte voltage-dependent calcium influx is reduced in hemodialyzed patients.BackgroundUremia displays increased cytosolic free calcium ([Ca2+]i) in many different cell types, supporting the hypothesis of an altered Ca2+ transport modifying the functional activity of calcium signaling pathway.MethodsThirty-five hemodialyzed patients and 20 age-matched subjects were studied. Erythrocyte resting [Ca2+]i and Ca2+ influx were measured by the fluorescent Ca2+-sensitive dye fura-2.ResultsWe found an increase of resting [Ca2+]i in erythrocytes from uremic hemodialyzed patients compared with matched healthy controls (103 ± 2.5 n M,N = 20, vs. 90 ± 4, N = 20, P < 0.01). Moreover, we found an altered voltage-dependent Ca2+ influx showing a reduced transport rate (0.42 ± 0.03 n M/second vs. 0.74 ± 0.08, P < 0.01). High levels of plasma parathyroid hormone (PTH) were related to augmented Ca2+ entry (r = 0.511, P < 0.05), contributing to maintain a high level of [Ca2+]i. Hemodialysis had no effect on cell calcium level and Ca2+ influx indices. The therapy with Ca2+ antagonists did not modify the values of resting [Ca2+]i or Ca2+ influx indices, but the correlation between PTH and influx indices was lost.ConclusionsIn conclusion, we found evidence for an alteration of erythrocyte Ca2+ influx caused by uremic toxicity that could be related to some organ disorders in uremia. The chronic increase of cellular calcium may contribute to influx derangement
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