1,721,034 research outputs found
National Report - Italy - On the Cross - Border Service of Documents.
No full textThis Report addresses practical and theoretical aspects regarding the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. The Report highlights some critical issues coming from the application of the Regulation (EU) 2020/1784 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters
National Report - Italy - on Electronic Evidence and Videoconferencing
No full textThis Report addresses practical and theoretical aspects regarding the taking of (electronic) evidence and videoconferencing in (cross-border) civil litigation. Certain questions require knowledge on instruments of cross-border enforcement in the EU, particularly Regulation (EU) 2020/1783 (“Recast Taking of Evidence Regulation”). The latter questions address the interplay between national law and the EU regime on cross-border enforcement in civil and commercial matters
Set-Off as a Defence under the Small Claims Regulation and under current Private International Law
No full textThe development of the internal market of the EU and its regulation in the event of debt collection is of paramount importance for consumers’ confidence. To this aim, the European Union has adopted very competitive regulations to ensure cross-border debt collections: Regulation No. 1896/2006 establishing a European order for payment procedure, as amended by Regulation No. 2017/1260, and Regulation No. 861/2007, establishing a European small claims procedure, as amended by Regulation 2017/1259. To these acts is devoted the Project Train2en4ce (financed by the EU-JUST-JTRA-EJTR-AG-2018). The paper aims at analyzing the set-off in the small claims Regulation to highlight new problems and perspectives for Private International Law Scholars
Set-Off as a Defence under the Small Claims Regulation and under current Private International Law
No full textThe development of the internal market of the EU and its regulation in the event of debt collection is of paramount importance for consumers’ confidence. To this aim, the European Union has adopted very competitive regulations to ensure cross-border debt collections: Regulation No. 1896/2006 establishing a European order for payment procedure, as amended by Regulation No. 2017/1260, and Regulation No. 861/2007, establishing a European small claims procedure, as amended by Regulation 2017/1259. To these acts is devoted the Project Train2en4ce (financed by the EU-JUST-JTRA-EJTR-AG-2018). The paper aims at analyzing the set-off in the small claims Regulation to highlight new problems and perspectives for Private International Law Scholars
Cittadinanza e diritti fondamentali degli individui: profili problematici e possibili soluzioni
Full text linkLa rilevanza del criterio di collegamento della cittadinanza nella soluzione dei problemi dei conflitti di leggi non è esclusa dalla c.d. “comunitarizzazione” delle fonti di diritto internazionale privato. La cittadinanza è infatti applicata in molti sistemi nazionali di diritto internazionale privato. La connessione tra diritti individuali e beni comuni stimola nuove osservazioni in merito alla nuova concezione della personalità del diritto. In tale contesto assume particolare rilievo il ruolo della cittadinanza europea, di cui si è da poco celebrato il ventesimo anniversario dell’istituzione (Trattato di Maastricht,1993), tramite la proclamazione dell’Anno europeo dei cittadini da parte delle Istituzioni (2013): le prerogative discendenti dalla cittadinanza europea divengono una priorità rispetto a quelle derivanti dalla cittadinanza nazionale. In Europa, la cittadinanza di uno Stato membro è il presupposto per l’acquisizione della cittadinanza dell’Unione. La cittadinanza europea ha dunque carattere derivato, poiché il legame che unisce l’Unione ai suoi cittadini si stabilisce solo per il tramite dell’attività di intermediazione degli Stati membri e si manifesta come complemento della cittadinanza degli Stati che partecipano al processo di integrazione europea. L’articolo mira a ricostruire un’analisi dei principi teorici rilevanti in materia, al fine di risolvere i possibili contrasti tra il pluralismo dei valori,i conflitti di leggi e i diritti fondamentali degli individui.
Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should deal with individual identities. The Law of nationality is applied in many national systems of private international law in case of conflict of laws. The connection between individual rights and communal goods opens new pathways for analyzing the consequences of the new concept of personality of laws. In this framework, special consideration is given to the problematic aspects concerning the current role of European citizenship, recently celebrated within the twentieth anniversary of its establishment (Maastricht Treaty, 1993), through the proclamation of the European Year of citizens by institutions (2013): the prerogatives descending from the European citizenship become actually a priority in relation to other national regulatory systems; the citizenship of the Member States becomes a tool of acquisition of European citizenship and as such likely to be considered as a real asset, which allows the exercise of the prerogatives descending from European citizenship. The possession of a national citizenship, by priority, becomes instrumental to the prerogatives connected to the EU citizenship. This Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights
The Vienna Convention on the Law of Treaties. The role of the Treaty on Treaties in Contemporary International Law
No full textA multitude of scholarly writings in many languages concern the Vienna Convention on the Law of Treaties (VCLT). Nevertheless, uncertainties and difficulties can be still identified when trying to understand whether and to what extent the VCLT is still central in international law and if it fits into the current international legal scenario. Such uncertainties and difficulties have resulted in the writing of this book. Hence, the chapters here collected aim at untangling the yarns of some open issues and at filling some gaps in order to ultimately establish whether at present the VCLT continues to have a role in international law. The main perspective is that of public international law. However, some room is reserved to problems stemming from the relationship between the VCLT and EU Law. The VCLT is also observed through the lens of private international law
Introduzione
No full textLe tensioni dell'odierna cittadinanza sono oggetto di riflessione da parte di storici e giuristi. La frammentazione della nozione di cittadinanza consente di analizzare i problemi derivanti dalla molteplicità del concetto nello spazio e nel tempo
The Interpretation of Uniform Law and Private International Law Conventions: What Role for the General Interpretation Rules under the Vienna Convention on the Law of Treaties?
No full textThe present paper discusses the extent to which the general rules on treaty interpretation as codified in the Vienna Convention on the Law of Treaties may apply as concerns the interpretation of private international law and uniform law conventions. Taking into consideration also the practice to include into those conventions clauses poiting to the need to take account of their international nature and of the need to pursue uniformity in their interpretation, the author argues that it is perfectly reasonable for the said general rules on treaty interpretation to be referred to also in the interpretation of the conventions concerned, either in the absence of specific interpretation clauses in the texts of those conventions, or for the purposes of integrating those clauses. Indeed, the broad terms in which the rules on treaty interpretation embodied in the Vienna Convention are conceived, reflecting an extensive practice developed across various domains of international law, have proved likely to adapt also to the peculiarities of the conventions concerned
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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