[142-211]
142. DEVIANT BEHAVIOUR AND SOCIAL REACTIONS
Déviances et réactions sociales
Document presented by CNPDS (*) to the IIIrd International Colloquium of the International Penal and Penitentiary Foundation, Vienna, 5th-9th June 1972 Published in French
Milan - 1972 - (duplicated form) - 62 pages
PRESENTATION
This Volume contains two Reports presented (and edited) by the CNPDS to
the Vienna Colloquium. The first is dedicated to the social and juridical aspects of deviant conduct, with special attention to the relative and descriptive
character of the definitions of deviancy; the second is devoted to the problems of prevention and of treatment of those in detention.
CONTENTS
The concepts of deviant conduct and its relativity - The theories of deviancy and their inaptness to solve the criminological problem - The descriptive character of the concept of deviancy and the impossibility of drawing scientific conclusions from it - Deviancy relevant to criminology within and without the framework of positive law: criminality of means and of ends - The causes of criminality: mental illnesses, bio-psychological anomalies, predisposition - Predisposition, its origin and factors unleashing it, the different manifestations and different degrees of potential danger - Constants and variables in the criminal phenomenon: the current situation in the West: the crisis of values, the disintegration of society in the criminological perspective - Considerations on Socialists countries - Prevention ante-delictum: problems - Prevention post-delictum.
(*) The CNPDS was represented by: dott. A. Beria di Argentine, cons. G. di Gennaro, prof. P. Nuvolone, cons. G. Tartaglione.
143. INTERNAL AND EXTERNAL CONTROLS OVER LIMITED COMPANIES
Controlli interni ed esterni sulle società per azioni
Proceedings of the Study Conference held at Como, Italy, 1st-3rd October 1971
No. 6 in the Collection of Study Conferences «Current Problems of Civil Law and Procedure»
Ed. Giuffrè - Milan - 1972 - 269 pages
PRESENTATION
This Volume collects the studies and debates on the reform of joint-stock
companies simultaneously with the Parliamentary work aimed at a radical
reorganization of Company Law. The theme is tackled from the particular
approach of control of companies both at the time where the incorporation
decision is made (internal control) and at the time when the decision is
implemented (judicial controls and external administrative controls).
CONTENTS
General plan for the General Report on the theme «Internal and external
controls over limited companies» (R. Franceschelli) - Internal controls in
limited companies (G. Ferri) - Controls over companies: Public Law aspects (E. Capaccioli) - Judicial controls over companies (A. Jannuzzi) - Comparative Law experiences in internal and external controls over limited companies, with
special regard to the EEC States (P. Verrucoli) - Programming and market in the capitalist sector of a mixed economy: the external controls of economic
policy over joint-stock companies (M. Talamona) - Further reflections on internal and external controls over companies (R. Franceschelli) - The problem of preventive control over information to the public in the prospect of a European stock market (M. Jannuzzi).
144. FAMILY FOSTERING
Affidamenti familiari
Report of the CNPDS Committee (*) with an Introduction by Erasmo Peracchi Ed. CEDAM - Padua - 1972 - 495 pages
PRESENTATION
This Volume contains the results and observations of the Study Group of the Centro, composed of jurists and workers in the social field, who have tackled the problems of families vis-à-vis minors. The research was carried out in relation to the Italian legal system and that of other countries.
CONTENTS
Historical notes on family fostering (G. M. Castellini) - Record of an information experiment on the problem of family fostering (E. Capelli) - Relations between welfare bodies, family of origin, fostering family and minors (C. Calasso) - Fostering for therapeutic and educative purposes (A. Cammeo) - Contribution to the psychological study of therapeutic family fostering (A. Pandolfi) - Notes for a sociological analysis of fostering (V. Tomeo) - Juridical aspects of family fostering. The juridical position of the «foster hosts» (G. Cattaneo) - The selection of fostering hosts (L. Fadiga) - Fosterings resulting from marital separations and divorce (F. Ferrante) - Private fosterings arranged by parents and their control in the interests of the child (E. Capelli) - The civil liability of
the fostering parties (F. Realmonte) - The penal responsibility of the fostering parties (G. Galli) - Temporary and emergency provisions of the supervising judge and family fosterings (F. Carpi) - Brief considerations on the chance of unifying jurisdiction over family fosterings into a single organ (G. Fuà) - The concept of child abandonment in practical application and concrete experience of the Law on Special Adoption of 22nd June 1967, No. 431 (I. Cividali) - Considerations on decided cases and on the methodology of the Bologna Juvenile Courts in matters of family fostering (L. Fadiga) - Legislative authority in matters of family fostering (G. Franchi) - Powers exercised by the Administrative Authority in family fostering with special reference to problems of a Constitutional character (L. Petri Dell’Oro) - Some considerations on welfare fosterings in Lombardy (L. Petri Dell’Oro) - Family fosterings of foreigners and fosterings abroad (G. Franchi) - «Parental authority» and provisions for minors in the French reform of 1970 (G. Cattaneo) - The protection of minors in the French «Code of the Family and of Social Assistance» and in the «Code of Public Health» (G. Cattaneo) - Informative notes on fostering in English Law for juveniles (G. Franchi) - Outline of the regulation of family fostering in West Germany (G. Barbarito) - Notes on family fostering in Austria (G. Franchi) - The care and protection of minors in Holland (G. Franchi) - Jurisdiction of supervisory courts for minors and of ordinary courts for the juridical protection and family fostering of children (I. Martinez De Alegria) - Relations between parents and children in Czechoslovak Law, especially in relation to family crises, and entrusting children to other families (O. Plundr - S. Radvanova).
(*) The composition of the Committee was: Chairman: prof. G. Franchi.
Members: prof. M. Accarisi, dott. G. Barbarito, dott.ssa. C. Calasso, avv. A. Cammeo, dott.ssa. E. Capelli, avv. F. Carpi, dott. G. Castellini, prof. G. Cattaneo, cons. I. Cividali, I. M. de Alegria, dott. L. Fadiga, pres. F. Ferrante, avv. G. Fuà, dott.ssa. A. Pandolfi, prof. O. Plundr, avv.ssa. L. Petri Dell’Oro, prof. S. Radvanova, prof. F. Realmonte, prof. V. Tomeo.
145. THE CRIMINAL LAW OF COMMERCIAL COMPANIES
Il diritto penale delle società commerciali
Proceedings of the Study Conference held at Pavia - Salice Terme, Italy, 14th-16th May 1971
No. 7, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1973 - XVI 155 pages
PRESENTATION
The work of the Conference took as a reference point the research on «The Criminal Law of Commercial Companies» already published in 1971, submitting for discussion the whole range of penalistic problems connected with the structure of commercial companies and with the identification of the public and private interests merged in them. Subjects of offences, with special regard to the question of the criminal liability of juridical persons, the nature of the interests protected, relationship between criminal offences and regulations for company accounts: these are the threads of the analysis, which is accompanied by indications of possible prospects of reform.
CONTENTS
Problems of Private Law (Parts I and II) (G. Sena - U. Loi) - Malfunctions of
social organs (V. Salafia) - The cost of the principle «societas delinquere non
potest» in the current dimensions of the corporate phenomenon (F. Bricola) - Practical exercise of powers of administration and criminal liabilities in irregularly run companies (L. Conti) - Control of company management and criminal liabilities (G. Pecorella) - Normative techniques in control by the Criminal Law of abuses by company directors (Parts I and II) - (G. Marinucci - M. Romano) - Company accounts in a Criminal Law context (A. Bartulli) - Offences by directors and auditors committed for the purposes of fiscal fraud (F. Tagliarini) - Criminal Law implications in the Stock Market (G. Majani) - Procedural aspects (M. Pisani).
146. THE JUDGE ON THE SCREEN
Il giudice sullo schermo
By Vincenzo Tomeo
No. 12 of a CNPDS Study Series on «The administration of justice and the Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1973 - 200 pages
PRESENTATION
The object of the study is the judge and the administration of justice as put out and received by the mass media, especially the cinema. The first part of the study analyses the image of the judge in Italian cinematographic production in the period 1964-65; the second presents the results of a public survey. The Volume ends with a chapter dedicated to the interpretation of the collected data. In the Appendix are outlined the subjects of the films analysed.
CONTENTS
The image of the judge in mass culture: From literary models to mass culture - The judge as a personage: the novel and the film - The judge in Italian films up to 1965 - New films and the problem of justice - From the judge-hero to the problem-judge - Judge and judicial process in four Italian films: In nome della legge («In the name of the Law»), Processo alla città («Process to the city»), Il Magistrato («The judge)», and Confessione di un commissario di polizia al procuratore della Repubblica («Confession of a police inspector with the public prosecutor’s department») - The judge as interpreter of disputes.
147. COMPULSORY INSURANCE OF MOTOR-VEHICLES AND RELATED TECHNICAL AND JURIDICAL PROBLEMS IN THE FIRST YEAR OF OPERATION OF THE LAW
L’assicurazione obbligatoria degli autoveicoli e connessi problemi tecnici e giuridici nel primo anno dall’entrata in vigore della Legge
Proceedings of the Study Conference held at Cagliari-Alghero, Italy, 6th-8th October 1972
Organized by CNPDS in collaboration with the Region of Sardinia
Ed. Giuffrè - Milan - 1973 - 239 pages
PRESENTATION
The work of the Conference develops and expands the subjects tackled in the two introductory Reports, also published in this Volume: one, concerning the specific problems of adapting the general policy conditions to the new principles introduced by the 1969 Law; the other, devoted to general juridical questions on problems of defining the relationship between insurer and insured under the Law of Obligations, to the nature of the relationship between the injured party and the insurer and to the pathology of the relationship between insurer and insured and the consequences thereof for the injured third party.
CONTENTS
Operational exigencies after Law No. 990. Reformulation of general conditions of insurance of civil and vehicular liabilities (D. De Strobel) - The essential points of the problems raised by Law No. 990/1969 and its implementing provisions (A. Lagostena Bassi - L. Rubini - L. Gelpi) - Debate - Verbal contributions.
148. A RESEARCH PROGRAMME ON DRUGS
Un programma di ricerca sulla droga
Report of the Frascati Seminar, 11th-15th December 1972, organized by the United Nations Social Defence Research Institute-UNSDRI, in collaboration with CNPDS and the Provincial Administration of Milan
Rome - 1973 - 93 pages
PRESENTATION
The Report sums up the discussions, in which scientists and experts from 14 countries took part, on a multi-national research plan on the abuse, production and distribution of drugs, proposed by the United Nations Social Defence Research Institute. The Report gives particular attention to the state of research in the various interested countries, the available resources, the method of research and problems of co-ordinating research. There follows a plan of a study project, with an Introductory Report and a copious bibliographic Appendix.
CONTENTS
Logical basis and orientation of studies in drug questions - State of research
in the various countries - Types of drugs - Experiences - World Health Organ-
ization - Interpol - Control mechanisms - Bibliography.
149. INFORMATION SYSTEMS AND THE LAW - EFFICIENCY OF AUTOMATIC INFORMATION SYSTEMS IN SOCIAL DEFENCE AND PROTECTION OF THE RIGHTS OF THE INDIVIDUAL
Informatica e diritto - Efficienza dei sistemi automatici di informazione nella difesa sociale e garanzie dei diritti individuali
Proceedings of the International Colloquium held at Pavia, Italy, 15th-17th
September 1972
No. 3, Series of Comparative Law
Published in Italian and French
Rome - 1973 - XXI 227 pages
PRESENTATION
The Reports and discussion on the use of automation in the public services administration have a special bearing on problems of the relationship between costs (in terms of sacrifice of individual rights) and benefits (in terms of efficiency) with specific reference to applications in the field of social defence.
CONTENTS
Juridical information systems in Europe (M. Losano) - The citizen and computers in Italian juridical experience (V. Frosini) - Individual freedoms and automatic information systems (A. Touffait) - The law and computers. Advantages and dangers (S. Simitis) - Information systems and the administration of justice (J. Givron) - Practice and expectations in the use of computers by the Police in Italy (I. Corti) - Computers in the social defence sector. Efficiency of service and individual safeguards (G. di Gennaro - R. Breda) - Efforts achieved and planned for safeguarding the storage of data on individuals (G. Faini) - Pluralism, human rights and basic freedoms in the context of the impact of information systems on the philosophies of the system (F. Cannata) - Mechanization of judicial records (G. Lombardi) - The Electronic Centre of the Prison Administration (D. Cortellessa) - Electronic information in a system based on the recognition of «personality» (F. Gramatica) - Juridical information and safeguards for human rights (A. E. Perez Luno) - The protection of the individual and the dangers of a State monopoly of juridical records (J. P. Buffelan).
150. WITNESS EVIDENCE GIVEN IN CRIMINAL PROCEEDINGS
La testimonianza nel processo penale
Proceedings of the Study Conference held at Foggia-Vieste, Italy, 13th-15th
October 1972
No. 8, Collection of Study Conferences «Enrico de Nicola - Current
Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1974 - 405 pages
PRESENTATION
The Volume contains, in addition to the debates at the Conference and the Summary Report, Reports and communications dealing with general questions on the acquisition and evaluation of witness evidence as well as with particular problems presented by the present system, in the light of reform trends and experiences in other systems.
CONTENTS
Evidence from the judicial investigation to the judgement: written, verbal,
published (D. Siracusano) - Cross-examination (M. Scaparone) - Evidence for future use (M. Leone) - Evidence and confidential information (M. Pisani) - Family confidences: evidence of next-of-kin (V. Grevi) - The limits of professional confidentiality (G. Pecorella) - Incapacity and incompatibility as witness (V. Cavallari) - Evidence of a co-defendant (V. Perchinunno) - Evidence of the injured party and of the party in civil proceedings (A. Giarda) - Truth and lies in evidence (A. Malinverni) - Arrest of the perjuror and immediate sentencing (A. Galati) - Challenge of false evidence given in court (E. Lemmo) - Retraction of false evidence (G. Guarneri) - The chronological limits of the retraction (O. Dominioni) - Effect of retractions of evidence on the re-opening of the case and revision of the verdict (P. Ferrua) - Final Report (G. Conso) - Concluding remarks (N. Reale).
151. FAMILY ENVIRONMENT, MENTAL DEVELOPMENT, MALADJUSTMENT
Milieu familial, développement mental, inadaptation
By Augusto Balloni and Luigi Fadiga
Research carried out at the Bologna Juvenile Court and presented by CNPDS to the Colloquium of the International Union for Child Welfare on «The incidence of social-cultural factors on mental development», Jullouville-les-Pins, France, 28th January-1st February 1974
Published in French
Milan - 1974 - (duplicated form) - 52 pages
PRESENTATION
The objects of the study were the social-cultural causes of mental retardedness and juvenile maladjustment, identified in the course of an examination of the influence of the adoptive family over the mental development of the child and of the conditions of minors taken into reformatory institutions.
CONTENTS
Mental development and adoption - Adoption and the maladjusted - Case
histories - Tables.
152. JUVENILE JUSTICE IN A CHANGING WORLD
La giustizia minorile in un mondo che cambia
Italian Report presented by CNPDS and the Italian Association of Youth Magistrates to the IXth Congress of the International Association of Youth Magistrates, Oxford, United Kingdom, 15th-20th July 1974
Summary Report published in English, French and Italian
Milan - 1974 - 116 pages
PRESENTATION
The Report is in two parts; the first contains the replies to a questionnaire, drawn up by the organizers of the Congress with a view to obtaining institutional data; the second tackles basic questions in the field of juvenile justice in the light of principles of the Constitution, and proposes a new approach to the problems of juvenile delinquency based on the action of the wide range of social services closely associated with the local community.
CONTENTS
Social services - The role of the judge - Rights of the child - Today’s society and the child - The Juvenile Court - The supervising judge - The ordinary Tribunal - Adoption and legitimation - Affiliation - Guardianship, custody and paternal authority - Divorce and separation of spouses - Family jurisdiction - Penal and administrative jurisdiction.
153. JUVENILE JUSTICE IN A CHANGING WORLD
La giustizia minorile in un mondo che cambia
Italian Report presented by CNPDS and the Italian Association of Youth Magistrates to the IXth Congress of the International Association of Youth Magistrates, Oxford, United Kingdom, 15th-20th July 1974
Work of the Study Committee (*)
Milan - 1974 - (duplicated form) -144 pages
PRESENTATION
This Volume presents all the Proceedings of the Study Committee of the Centro within the scope of their work which was subsequently summarised in the Report presented to the IXth Congress of the International Association of Youth Magistrates (see entry No. 152). The experts tackled all aspects of the problem under consideration, in the context of Italian society in transformation, with particular attention to the question of juvenile justice.
CONTENTS
The Juvenile Court - Procedures for adoption, legitimation and affiliation - Guardianship and custody of children - Consequences of divorce and parental separation upon young children - Social services - Today’s society and the rights of children.
(*) The composition of the Committee was: Members: pres. G. Accinni, dott. G. Bandirali, cons. G. Battistacci, pres. I. Baviera, prof. P. Bertolini, dott.ssa L. Bolla, dott. S. Ciano, pres. G. Cicorella, cons. I. Cividali, dott. C. Coppola, dott. M. Dall’Alba, prof.ssa E. De Denaro, cons. G. Delfini, prof. A. Dell’Oro, cons. L. D’Orsi, dott. C. Mazzeo, pres. G. Meucci, dott. C. Perletti, dott.ssa L. Pomodoro, cons. U. Radaelli, pres. S. Romano, cons. F. Rosi Cappellani, dott. G. Santarsiero, dott.ssa M.F. Santucci Martino, dott. R. Scalia, dott. S. Spagnoletti Lanza. Presenter of the Summary Report: cons. L. D’Orsi.
154. DRUGS AND ITALIAN SOCIETY
Droga e società italiana
Study by CNPDS with an Introduction by Mario Bassani
Presented to the International Congress on «Drugs and Italian Society» organized by the Provincial Administration of Milan, the Municipality of Milan,
the Lombardy Region, the United Nations Social Defence Research Institute-UNSDRI and CNPDS (Milan, 1975)
Ed. Giuffrè - Milan - 1974 - XVI 748 pages
PRESENTATION
This Volume assembles the studies constituting the inter-disciplinary research on the drugs phenomenon. The work of each Section was preceded by an Introductory Report presenting the problem from a historical-cultural standpoint and by a Report on the international aspects of the phenomenon and the role of the United Nations in controlling it. Then follow the Reports of each Section on the pharmacological, economic, epidemiological, clinical-therapeutic, criminological, juridical and psychological aspects.
CONTENTS
The role the United Nations Organization in the international control of drugs (J.J. Moore) - Introduction to the pharmacology of psycho-drugs: names, definitions and classifications (E. Gori) - Economics of drugs (G. Mazzocchi-L. Campiglio) - Drug-addicts and habitual drug-takers: study for an epidemiological report (A. Giobbi) - Proposals for the measurement of the «scale of closeness» to drugs: results of a pilot study on a sample of subjects taking drugs and those not (F. Dogana) - The contribution of biological research to the epidemiology of narcotics: pre-epidemiological study on amphetamines and cannabis (V.
Andreoli-F. Maffei-G. Tonon) - Epidemiological significance of the consumption of narcotics in a micro-environment as established through the use of a questionnaire (V. Andreoli-A. Giannelli-P. Morselli) - Epidemiological problems in determining the consumption of drugs (A. Sciacchitano) - Concluding considerations on the epidemiological aspects (A. Giobbi) - Current drug-addicts and habitual takers of drugs: statistical-clinical aspects and therapeutic prospects (A. Madeddu) - Possibilities and limits of preventive intervention with drug-addicts and habitual drug-takers. Assessment of certain specific initiatives with interviews focused on a-typical sample-groups of teachers and parents (A. Madeddu-A. Arruga-P. Cicuta-M. Rivardo) - Psycho-social conditions of a group of institutionalized drug-addicts: first results of a research study (A. Madeddu-A. Arruga-P. Cicuta-M. Rivardo) - Current correlations between drug-addiction and criminality (indications and experiences of the Centre of anti-drug prophylaxis of the judicial prisons of Milan) (G. Ponti) - Juridical experience in connection with narcotics (T. Delogu) - Considerations for a legislative reform in the drugs field (G. di Gennaro-R. Breda) - The problem of drugs in contemporary society. Study of public opinion in Milan (B. Barbero Avanzini-A. Quadrio-F. Dogana-E. Sacchi) - Social anthropology of the behaviour of drug-takers (M. Beluffi) - Drugs, youth and society: a sociological interpretation of young drug-addicts (B. Barbero Avanzini) - The daily press and drugs (C. Caraccia-C. Costa-G. Martinotti-G. Blumir).
155. EQUITY
L’equità
Proceedings of the Study Conference held at Lecce, Italy, 9th-11th November 1973
No. 7, Collection of Study Conferences, «Enrico de Nicola - Current Problems of Civil Law and Procedure»
Ed. Giuffrè - Milan -1975 - XVI 296 pages
PRESENTATION
The Reports, and discussions following them, embrace questions of the general theory of law as well as questions pertaining to the application of the law de iure condito and de iure condendo. The analysis of the operation of equity in the current legal system, introduced by a Report of general legal theory and a historical-comparative Report, concentrates specifically on the Law of Obligations, disputes affecting contracts of employment and Administrative Law.
CONTENTS
Equity in the general theory of the law (V. Frosini) - Historical and Comparative Law aspects (G. Broggini) - What is equity? (S. Rodotà) - Jurisprudential experiences (C. Giannattasio) - On equity in public administration and in the administrative court (F. Merusi) - Equity in labour disputes: elements for drawing up a statement of assets and liabilities (U. Romagnoli) - «Modern Equity», notes on the new importance of equity in the current evolution of the Common Law (G. Alpa) - Interpretative equity and «economics of contract». Observations on Art. 1371 of the Civil Code (M. Bessone-E. Roppo) - Some reflections on the limits of the equitable decision (F. Roselli) - Summary Report (C. Salvi).
156. THE RIGHTS OF THE PRESS
I diritti della stampa
Proceedings of the VIIIth Italo-French Study Days organized by CNPDS in
collaboration with the Société de législation comparée and UNIDROIT, Rome-Perugia, Italy, 16th-19th June 1973
No. 4, Series of Comparative Law
Rome - 1975 - XVI 271 pages
PRESENTATION
This Volume deals with Reports on the regulations currently in force, outstanding problems and reform trends concerning the organization of the journalistic profession, criminal responsibility of the editor and organization of publishing undertakings.
The introductory Reports are followed by accounts of the working sessions in which detailed examination was made of individual questions. The Volume ends with a note on the organization of the journalistic profession in Italy in the light of decided cases on their Constitutional position.
CONTENTS
Professional organization of journalists (J.M. Leloup) - The professional organization of journalists and freedom of the press (G. Bovio - L. Rubini) - Editors’ societies (H. Blin) - Editors’ societies (P. Rescigno) - The criminal responsibility of editors (A. Chavanne) - The criminal responsibility of editors (P. Nuvolone) - The journalist’s profession and freedoms under the Constitution (F. Trimarchi Banfi).
157. PREVENTION MEASURES
Le misure di prevenzione
Proceedings of the Study Conference held at Alghero, Italy, 26th-28th April 1974
No. 9, Collection of Study Conferences «Enrico de Nicola - Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1975 - XVI 620 pages
PRESENTATION
The Volume opens with a general survey of problems regarding prevention measures. The Reports, which follow it, deal with prevention measures in general as well as those provided by legislation in the juvenile field and legislation against the mafioso phenomenon, taking account both of juridical issues of substantive and procedural law - with particular regard to aspects of Constitutional validity - and of psycho-sociological aspects revealed by practical experiences.
CONTENTS
Forms of protection «ante-delictum» and Constitutional aspects of prevention (F. Bricola) - The implementation of prevention measures. Analysis and critical comments (V. Cavallari) - Criminological aspects of prevention measures with particular regard to the Law of 27th December 1956, No. 1423 (G. Canepa) - Administrative aspects of prevention measures (F. Merusi) - Prevention measures and psychic infirmity (I. Caraccioli) - Notes on the proposal of the Police Commissioner for the application of prevention measures (L. De Maestri) - Prevention measures in a positivistic perspective and their normative realization (F. Gianniti) - Committal to psychiatric hospital as a measure of prevention (U. Guerini) - Historical notes on measures of prevention in «Liberal» Italy (1852-1894) (I. Mereu) - Prevention, Constitutional limits of the jurisdictional function and «lunatic exclusion» (S. Merlini) - Police «informations» and evidence, in the process of prevention (M. Nobili) - Clinical-criminological notes on a group of subjects considered as «dangerous» in the terms of the Law of 27th December, 1956 (G.F. Pallanca) - Statistical data on the application of prevention measures in Genoa (G.F. Pallanca) - Subjective aspects of dangerous propensity in the Laws of 27th December 1956, No. 1423 and 31st May 1956, No. 575 (M. Paravini) - «Prevention measures» in the principal systems of continental Europe (F. Sgubbi) - Constitutional aspects of penal situations provided for under the Law of 27th December 1956, No. 1423 (L. Stortoni) - Measures of prevention against the Mafia (F. Tagliarini) - Problems of validity under the Constitution of the directions of the Commissioner of Police in the system of prevention measures (A. Toschi) - Conditions and premisses of «irregularity of conduct and of character». Prevention measures in the juvenile field (M. Virgilio).
158. THE REGULATION OF TAX DISPUTES: RESULTS AND PROSPECTS OF THE REFORM
Il contenzioso tributario: risultati e prospettive della riforma
Proceedings of the Study Conference held at San Remo, Italy, 2nd-3rd March 1974
Ed. CEDAM - Padua 1975 - VIII 218 pages
PRESENTATION
Having been held just after the reform of regulations for adjudication of tax disputes, this Conference approaches the subject in terms of examining the
validity under the Constitution of the new organs with legal jurisdiction over tax disputes, from the procedural angle, and gives particular attention to problems of co-ordinating the new norms within the overall regulatory system.
CONTENTS
Possible alternative reform models for adjudication of tax disputes (G.A. Micheli) - Constitutional problems posed by the new regulations for adjudication of tax disputes (G. Guarino) - The new regulation of tax disputes: the stages of appearance before the first and second grade Commissions (E. Capaccioli) - Appeals to the central Commission and to the ordinary courts of law (V. Andrioli).
159. DECRIMINALIZATION
La décriminalisation
Proceedings of the IIIrd Inter-Association Colloquium at Bellagio, Italy, 7th-12th May 1973
organized by the Provincial Administration of Milan and CNPDS
No. 5, Series of Comparative Law
Published in English and French
Rome - 1975 - 423 pages
PRESENTATION
In the economically developed countries, there has been a trend towards decriminalizing certain forms of conduct which were traditionally the subject of
penal sanctions. This has occurred in a number of ways, from eliminating the criminal classification of the infraction, to reducing the number of instances which have to be the subject of criminal proceedings, to modifying the means of dealing with offenders. The phenomenon, and problems arising from it, are tackled, as is the practice in Inter-Association Colloquia, in Reports - here, four in total - submitted by each of the participating Associations. The Volume then gives details of the discussions, along with the Summary Report which was the responsibility of CNPDS.
CONTENTS
General Report of the International Association of Penal Law (L.H.C. Hulsman) - General Report of the International Penal and Penitentiary Foundation (A. Wahl-J. Dupréel) - General Report of the International Society for Criminology (T.C.N. Gibbens) - General Report of the International Society of Social Defence (P. Cornil) - Summary Report (G. Vassalli).
160. VICTIMS OF CRIME AND SOCIAL SUPPORT (A proposal for a new legislative policy)
Vittime del delitto e solidarietà sociale (una proposta di politica legislativa)
By Ennio Amodio, Pier Vincenzo Bondonio, Ugo Carnevali, Guido Galli, Vittorio Grevi, Mario Pisani and Lucio Rubini
Ed. Giuffrè - Milan - 1975 - IV 234 pages
PRESENTATION
This Volume presents the preliminary studies and the plan for legislation on compensation to victims of crime prepared by the special Study Committee (*) of CNPDS. The studies deal with the general range of problems associated with public compensation for damage caused by crime, with reference to theoretical pre-requisites, to the forms in which such compensation is provided by
legislation in other European countries and to related procedural and
financial problems. The draft legislative proposals are preceded by an
illustrative Report which sets out their juridical bases within the framework of Constitutional principles. The Volume ends with a collection of documents and normative texts and notes on public opinion on the problem and the way that it is presented by the press.
CONTENTS
A new goal for social security (M. Pisani) - Studies and comments: Support and social defence in reparation to the victims of crime (E. Amodio) - Justice and support for the victims of crimes of violence (M. Pisani) - «Crimes of violence» and care for the victims (G. Galli) - Current trends in civil responsibility (U. Carnevali) - On the relationship between work done in prison and payment of damages to the victims of the offence (V. Grevi) - Practical instruments for implementing the right to reparation (L. Rubini) - Reparation to victims of crime: first indications for the calculation of the financial burden (P.V. Bondonio) - Documents: Ideas and proposals on reparation to the victims: F. Carrara, E. Ferri, G. Zanardelli - The «civil assistance» of the public prosecutor in penal proceedings - The resolutions on «compensation» at the First International Symposium of Victimology (Jerusalem, 2nd-6th September 1973) - The Resolutions of the XIth Congress of IAPL at Budapest (9th-15th September 1974) on the theme «Reparation to the victims of crime» - Normative texts: Austria - West Germany - Great Britain - Holland - USA - California - Italy: From the «Leopold Code» (1786): a single «Bank» for the victims of crime and the victims of proceedings - Art. 35 of the Penal Code for the Two Sicilies (1819) - Compensation for heroic conduct and ordinary privileged pensions in the current system.
(*) The composition of the Committee was: Members: prof. E. Amodio. prof. P.V. Bondonio, prof. U. Carnevali, dott. G. Galli, prof. V. Grevi, prof. M. Pisani, avv. L. Rubini.
161. DEPRIVATION OF LIBERTY IN THE CONTEXT OF CRIME CONTROL, WITH PARTICULAR REFERENCE TO NEW FORMS OF DELINQUENCY
La privation de la liberté dans les perspectives de la lutte contre le crime, particulièrement à l’égard de ses nouvelles formes
Contribution for the Vth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, presented to the IVth Inter-Association Colloquium at Bellagio, Italy, 22nd-25th April 1975
Organized by the Provincial Administration of Milan and CNPDS
Published in English and French
Milan - 1975 - 93 and 85 pages
PRESENTATION
The object of the IVth Inter-Association Colloquium is linked with one of the themes of the Vth World Congress of the United Nations, at which the Colloquium itself was finalized. The contributions of the four Associations that are collected in this Volume, edited by CNPDS and the International Penal and Penitentiary Foundation, together with the Summary Report, tackle the subject from the point of view held by each of them, presenting their respective standpoints on the question of the function of custodial penalties in contemporary society and possible alternatives.
CONTENTS
General Report of the International Association of Penal Law (M.C. Bassiouni) - General Report of the International Penal and Penitentiary Foundation (P. Allewijn) - General Report of the International Society for Criminology (J.E. Hall Williams) - General Report of the International Society of Social Defence (P. Cornil) - General Summary Report of the Centro Nazionale di Prevenzione e Difesa Sociale (C. Pedrazzi).
162. TECHNIQUES OF JUDICIAL INDIVIDUALIZATION
Les techniques de l’individualisation judiciaire
Proceedings of the VIIIth International Congress on Social Defence, Paris,
18th-22nd November 1971
Published in French
Milan - 1976 - 293 pages
PRESENTATION
This Volume of the Proceedings of the VIIIth International Congress on Social Defence collects the results of the studies on penal sentences and penitentiary treatment specified for individual offenders. A detailed study is made of the whole range of the theme, in its criminological, medical-biological and juridical aspects.
CONTENTS
Criminological Section: General Report (V.N. Koudriavtsev) - Medical-biological Section: General Reports (D. Szabo and C. Morand) - Juridical Section: General Reports (P. Nuvolone and B. Dutheillet-Lamonthézie) - Penitentiary Section: General Report (T. Eriksson-J. Schewin) - Summary Report (G. Levasseur).
163. REGIONAL LAWS AND ASSEMBLIES
Le assemblee e le leggi delle Regioni
Proceedings of the Study Conference held at Milan, Italy, 16th-17th May 1975
Organized by CNPDS in collaboration with the Presidential Offices of the Regional Councils of Lombardy, Piedmont and Tuscany
Ed. Giuffrè - Milan - 1976 - 450 pages
PRESENTATION
The Proceedings of the Conference highlight the experiences deriving from the first Regional legislature, relative to the results of the functioning of the government of the Regions. Particular attention is given to the initiatives taken in the Regions of Lombardy, Piedmont and Tuscany.
CONTENTS
The position of the Lombardy Regional Council under the Laws issued by the first legislature (E. Ferrari) - The position of the Lombardy Regional Council in the experience of the first legislature (A. Marzanati) - The position of the Council in the form of government of the Region of Piedmont (F. Pizzetti) - Powers and procedures of the Piedmont Regional Council (M. Rovero) - Panorama of the Piedmontese legislative output in the first legislature (F. Levi) - The powers and practice of the Regional Council of Tuscany (A. Cusmano-G. Chiesi) - The personal, professional and political characteristics of the Regional Councillors (E. Invernizzi) - Regions and political forces (G. Regonini) - Regions and social forces (M. Robutti) - Regions and institutional organization (A. Vanelli) - The Regional Council of Lombardy (G. Mor) - The Regional Council of Piedmont (F. Levi) - The Regional Council of Tuscany (G. Morales) - The Regional Councillors - Social-political aspects (F. Farneti).
164. JOINDER OF PROCEEDINGS AND CONFLICTS OF JURISDICTION
Connessione di procedimenti e conflitti di competenza
Proceedings of the Study Conference held at Trieste-Grignano, Italy, 3rd-5th October 1975
No. 10, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1976 - XVIII 431 pages
PRESENTATION
The Reports presented and discussed at the Conference examine the regulation of joinder of proceedings and conflicts of jurisdiction in relation to general principles and the regulation of criminal procedure in relation to the exigencies of substantive justice. The critical analysis of the system in force is supplemented by a Report on Comparative Law aspects and by a contribution giving an outline for a possible reform of the system.
CONTENTS
Introductory Report (G. Conso) - Prerequisites for joinder (A. Pagliaro-C. Lapiccirella-A. Berruti) - Joinder and the normal court (F. Cordero-V.
Zagrebelsky) - Merger of proceedings (E. Somma-T. Galiani) - Separation of proceedings (A. Giarda-B. Bruno) - Conflicts of jurisdiction and joinder
of actions (G. Lozzi-M. Petrone) - Joinder of proceedings and conflicts of
jurisdiction in the German Federal Republic (V. Barosio) - Joinder of
proceedings and conflicts of jurisdiction in the French legal system (A. Galati) - Joinder of actions in England and in the United States (M. Scaparone) - Final Report (G. Conso).
165. SOCIAL MARGINALITY AND JUSTICE
Marginalité sociale et Justice
General Reports delivered at the IXth International Congress on Social
Defence, Caracas, Venezuela, 3rd-7th August 1976
Published in French and English
Milan - 1976- 181 pages
PRESENTATION
This Volume assembles the official Reports of the national representatives participating in the IXth International Congress on Social Defence (3rd-7th August 1976). They deal with an in-depth examination of the whole phenomenology presented by marginalization as a consequence of changes in social-economic structures and of the institutional system governing the administration of justice. The situation and resulting implications prevailing in the various countries were taken into consideration.
CONTENTS
Reports on the sociological aspects and of Sociology of Law (R. König - A. Lasser - S.C. Versele - D. van De Velde) - Reports on bio-criminological aspects (P. Lejins - B. Beiderman) - Reports on juridical aspects (A. Baratta - H.C. Fragoso) - Reports on the problems of marginality (A. Podgorecki - S. Garcia Ramirez).
166. SOCIAL MARGINALITY AND JUSTICE
Marginalité sociale et Justice
Summary of individual contributions given at the IXth International Congress on Social Defence, Caracas, Venezuela, 3rd-7th August 1976
Published in French and English
Milan - 1976 - 264 pages
PRESENTATION
This publication sets out the contributions made by individuals to the IXth International Congress on Social Defence, supplementing the general Reports which are published in another Volume (see entry No. 165). The complexity of the study, tackling the whole range of problems associated with social marginality, highlights the variety of special approaches responding to the standpoints of scholars of different nationalities operating in this field.
CONTENTS
True objectives of criminal sanctions (K. De Menezes Doria) - (Brazil) - Road-traffic accidents: a social problem (J.M. Echeverria and others) (Venezuela) - Female marginality - Female delinquency and maternity (H. Fierro Herrera) (Venezuela) - Juvenile delinquency in the post-industrial societies: an integrated perspective (P.C. Friday-J. Hage) (USA) - The questionnaire as an instrument of criminological research: analysis of a Venezuelan experiment (L.G. Gabaldon) (Venezuela) - Some results of empirical studies of Tubingen on maladjusted children (H. Goeppinger) (German Federal Republic) - Ethnic and cultural minorities in the State of Vera Cruz (A. Gorbea Soto-F. Winfield Capitaine) (Mexico) - Social integration (F. Gramatica) (Italy) - Preliminary analysis of causistics in the years 1973-74-75 (T. Hernandez and others) (Venezuela) - Social marginality (T. Hernandez) (Venezuela) - Genocide: the political sociology of mass homicide (I.L. Horowitz) (USA) - The two faces of social defence (A. Jimenez and others) (Venezuela) - Marginality and social justice (L. Lernell) (Poland) - Law and social relations (M. Los) (Poland) - The family and the school, the two main fields of action for prevention against the use of drugs (M. Mansour) (Iran) - The descriptive sociology of the marginality of the indigenous population of the peripheral zones of Latin-American towns (J.R. Mendoza Troconis) (Venezuela) - Motivating function of Criminal Law and «marginalization» (F. Muñoz Conde) (Spain) - Medical-social aspects of sexual crimes (A. Pacheco and others) (Venezuela) - The isolated communities (A. Podgorecki) (Poland) - Process of reintegration in multi-cultural societies (J. Schmidt) (German Federal Republic) - Dangerous propensity and recidivism (P. Segura D.) (Venezuela) - Race and infraction. Gypsies and «kinkies» - Attacks on banking establishments in Spain (A. Serrano Gomez) (Spain) - Current theories on criminality in the German population (G. Smaus) (German Federal Republic) - Reflections on the use in criminology of the concept of stigma (H. Souchon) (France) - Social norm and deviant social norm: a qualitative mode of classification (C. Souto) (Brazil) - Race and family violence: the perspective of internal colonialism (R. Staples) (USA) - Minors in irregular situations, special disciplines, measures of prevention (G. Suave Vivas de Serfaty) (Venezuela) - The social organization of «Multiple Deviant Labelling» (C. Suchar) (USA) - The role of social organizations in the process of correction and social reintegration of deviant individuals in Czechoslovakia (O. Suchy) (Czechoslovakia) - Victim, exploiter, environment: an inter-actional analysis of victimization inside prisons (E.C. Viano) (USA) - Service of permanent criminal justice (V. Villavicencio) (Venezuela).
167. SOCIAL MARGINALITY AND JUSTICE
Marginalité sociale et Justice
Report presented by CNPDS and the Ministry of Justice of Italy to the IXth International Congress on Social Defence, Caracas, Venezuela, 3rd-7th August 1976
Published in Italian
«Rassegna di studi penitenziari» (“Collection of Penitentiary Studies”) - Special Issue - Rome 1976 - 302 pages
PRESENTATION
This Volume contains the Report presented by the Centro Nazionale di Prevenzione e Difesa Sociale at the IXth International Congress on Social Defence (Caracas, 3rd-7th August 1976) and also sets out the contribution of its experts to the various aspects inherent in the problems of marginality and social marginalization. Attention is drawn to the question of juvenile maladjustment, with reference to criminality in general, to mental illnesses and to sexual problems linked to those of emigration and the growth of towns.
CONTENTS
Marginality and social marginalization (V. Tomeo) - Marginal condition and collective status: young persons, women, the aged (V. Tomeo-L. Balbo-L. Frey-D. Giori-G. Maggioni-E. Resta-T. Treu) - Feminine under-employment in Italy (L. Frey) - For a policy of immediate employment (L. Frey) - Legal normative system on women’s work and children’s work (T. Treu) - The judicial treatment of juvenile maladjustment: reform prospects (G. di Gennaro-R. Breda) - Mass juvenile maladjustment and prevention with social-cultural activity (M. Corsale) - Marginalization and criminal activities. Situations of a failure of social control: the case of business criminality (S. Bisi Trentino-O. Dominioni-E. Resta-U.E. Savona) - Aspects of marginalization as a product of the application (and of the non-application) of criminal justice (S. Siciliano) - Attempts of anti-institutional psychiatry in Italian practice (A. Arata) - Aspects of the process of marginalization (G.G. Rovera) - Juridical treatment of mental illnesses (G. Tartaglione) - Social marginalization and sexual conduct considered as deviant (N. Coco-F. Scaramucci) - Marginalization and educative life (A. Canevaro) - The rescue of social outsiders. Ethical-educative criteria of a general nature (P. Sacchetto) - Marginalization linked to the malfunction of the relationship between the labour market and the system of training and marginalization linked to internal processes in the training system (G. De Rita) - Juvenile delinquency and
social marginalization (A. Balloni) - Juvenile justice and social marginality (L. Fadiga).
168. SOCIAL MARGINALITY AND JUSTICE
Marginalité sociale et Justice
Summary Report in French
Milan - 1976 - 75 pages
PRESENTATION
In this Volume, the Report presented by the CNPDS to the IXth International Congress on Social Defence (Caracas, 3rd-7th August 1976) is summarized - in French - by means of a presentation of the studies undertaken by the various experts who participated. The same general scheme of presentation is adopted as in the publication to which it refers (see entry No. 167).
CONTENTS
Social marginality and collective status; young persons, women, the aged - The condition of women in Italy: a movement towards change - The condition of the young: manifest tension and latent revolt - The condition of the old: loss of role and social marginality - Social marginality and the labour market - The intervention of the law between marginality and equality: normative system and legislative policy - Criminal forms of conduct and maladjustment among the young - Marginality and mental illnesses - Sexuality and marginality - Educative-cultural marginalization and class marginalization.
169. SOCIOLOGICAL TEACHING OF THE LAW
L’insegnamento sociologico del diritto
By Renato Treves and Vincenzo Ferrari
Research by CNPDS undertaken with the support of the Italian National
Research Council
Edizioni di Comunità - Milan - 1976 - 360 pages
PRESENTATION
The revolt movement against formalism, which began to show itself in the field of juridical studies in the early decades of the century and which has spread widely and intensified in Europe and America, has more than ever drawn sharp attention to the need for sociological teaching alongside the traditional dogmatic teaching of the law. This explains why, in the last decade, faculties and departments of universities in very different countries have instituted courses in sociology of law. This Volume collects together contributions on the entry of this discipline into the university curriculum, written by specialists in the following countries: Argentina, Austria, Belgium, Brazil, Canada, Finland, France, Japan, Great Britain, India, Italy, Yugoslavia, Norway, Poland, Portugal, German Federal Republic, Spain, USA, Switzerland, Hungary, USSR. It is clear from these contributions what are the characteristics that sociology of law has assumed as a result of the systematic work of exposition involved in academic teaching.
CONTENTS
The sociological teaching of law in: Argentina (M.E. Aftalion) - Austria (J.J. Hagen) - Belgium (J. van Houtte) - Brazil (C. Souto) - Canada (F.X. Ribordy) - Finland (R. Blom) - France (A.J. Arnaud) - Japan (M. Chiba) - Great Britain (M. Cain) - India (G.S. Sharma) - Italy (G. Maggioni) - Yugoslavia (O. Mandic´) - Norway (S. Eskeland) - Poland (K. Frieske and A. Kojder) - Portugal (M.E. Sousa and Brito) - German Federal Republic (W. Kaupen) - Spain (E. Diaz) - USA (J. Ladinsky) - Switzerland (M. Rehbinder) - Hungary (K. Kulcsar) - USSR (V.N. Koudriavtsev and V.P. Kazimircuk) - The problems of teaching «Law and Social Science» in the United States (J. Ladinsky) - Function of the teaching of sociology of law (W. Kaupen) - Theory and research in the teaching of sociology of law (C.M. Campbell) - Sociology of law in the critical university (V. Ferrari).
170. CURRENT PROBLEMS OF ADMINISTRATIVE JUSTICE
Problemi attuali della giustizia amministrativa
Proceedings of the Study Conference held at Milan, Italy, 10th-11th April 1976
No. 1, Collection of Public Law
Ed. Giuffrè - Milan - 1976 - XVI 139 pages
PRESENTATION
This publication initiates a new Collection of studies devoted to Public Law. The first subject to which the Conference gave its attention concerns current problems in administrative justice, consequent on the institution of the TAR. Various aspects of the double level of jurisdiction are studied in depth.
CONTENTS
The double level of administrative jurisdiction (A. Berruti) - Notes on appeal court judgements seen through decisions of the Regional Administrative
Tribunals (A. Quaranta) - Enforceability of judgements and res judicata (E. Capaccioli) - Statistical analysis of the operation of the administrative organs of justice (C. Talice) - Final Report (E. Capaccioli) - Conclusions (M.S. Giannini).
171. THE FINANCING OF BUSINESS UNDERTAKINGS
Il finanziamento delle imprese
Proceedings of the Study Conference held at Trieste-Grignano, Italy, 22nd-24th October 1976
No. 8, Collection of Study Conferences «Current Problems of Civil Law and Procedure»
Ed. Giuffrè - Milan - 1977 - XV 209 pages
PRESENTATION
This Volume which contains the Proceedings of the Conference mentioned in the above heading, deals with an extremely burning theme. One does not need to be an economist or a scholar of business economics to acknowledge the grave distorsions, both quantitative and qualitative, to which Italian business undertakings are subject in their financing. The man in the street senses it, especially in his capacity as a worker and as a citizen, the lawyer and the judge are aware daily of its consequences, standing – whether inside or outside the court – at the bedside of the ailing firm. Without a cured business structure – or rather without a new one – the State is condemned to decline to the level of under-development or, as it is more politely described today, to the level of the countries in the course of development. Naturally, the problem of the crisis of business is not simply solved by a more correct or new means of financing of firms. Nevertheless it is certain that the road to recovery needs this as one of its crucial stages.
CONTENTS
The sources of finance for manufacturing activity; structural distorsions
and imbalances (E. Filippi) - The Italian «system» of financing business
undertakings (G. Minervini) - Direct investments by savers: the Stock Exchange (G. Pivato-C. Scognamiglio) - The financial intermediary work of the banks
(C. Giannattasio) - The financing of business undertakings from public funds (M.S. Giannini).
172. PUNISHMENTS AND ALTERNATIVE MEASURES AT THE PRESENT HISTORICAL MOMENT
Pene e misure alternative nell’attuale momento storico
Proceedings of the Study Conference held at Lecce, Italy, 3rd-5th December 1976
No. 11, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1977 - XX 686 pages
PRESENTATION
The careful scrutiny of the theme proposed to the IXth Enrico de Nicola Conference, which in recent years has become ever more pressing, highlighted the negative effects of excessive recourse to the custodial sentence: reduction of the deterrent effect when prison terms are served for actions which do not command a certain collective degree of disapproval, aggravation of problems of security and failure of rehabilitative proposals caused by the excessive over-crowding of prison establishments, high economic and social costs, and frequent criminogenic effects of detention, especially among the younger inmates. For its part, the Council of Europe has suggested to the various countries a wider employment of the alternative measures of: fines, various prohibitions or suspensions of rights which currently are only used as supplementary orders or as measures of security or prevention, transfer to the supervision of the social services, release and house arrest or weekend restraints, etc.
CONTENTS
Introductory Report (P. Nuvolone) - Punishments and alternative measures in the current system (F. Mantovani) - Practical-operational effects of measures alternative to detention (A. Margara) - Reflections in procedure and in the judicial system of Law of 26th July 1975, No. 354 (V. Cavallari) - Supervising magistracy and measures alternative to detention in the prison system: procedural aspects (V. Grevi) - The «jurisdictionalization» of the execution of sentences. Criminal process and supervisory process (E. Somma) - Application in criminal process of punishment and other measures (R. Bertoni) - Transfer to the supervision of the social services as an alternative to imprisonment: criminological problems (G. Canepa-U. Gatti) - Punishment and measures alternative to detention: reality of expectations and concrete prospects (M. Portigliatti Barbos) - Aspects of Comparative Law (A. Malinverni): Belgium - France - USA - Sweden - Russia - German Federal Republic - Alternative measures to punishment in the context of a «new» penal policy (F. Bricola) - Reform prospects (A. Pagliaro) - Study document of the Criminological Section of CNPDS - Final Report (G. Vassalli).
173. DEMAND AND AVAILABILITY OF JUSTICE: AN ECONOMIC ANALYSIS
Domanda e offerta di giustizia: un’analisi economica
By Luigi Campiglio
Research by CNPDS undertaken with the support of the Italian National
Research Council
Milan - 1977-1979 - 149 pages
PRESEN TATION
In this Volume are collected the results of the research carried out on the administration of Justice in the current situation of crisis, with reference to the judicial structures which fall short of providing a satisfactory response to the demands of interested parties, whether in the civil or criminal field. The main object of the study was to indicate measures and remedies following a deeper examination of the subject-matter.
CONTENTS
Demand and availability of justice and demand and availability of judicial proceedings - The penal question in Italy: general aspects - The establishment of degrees of gravity of crimes - Civil justice: general aspects - Economic and empirical verification of the efficiency of the administration of justice in the courts - Criteria for the best allocation of resources in judicial administration.
174. HEALTH AND SOCIETY
Salute e società
Study by CNPDS undertaken with the support of the Italian National Research Council
Rome - 1977 - 467 pages
PRESENTATION
This Volume publishes the results of a research study on problems of health, entrusted by the Committee for the Juridical and Political Sciences of the National Research Council to CNPDS (*). The starting-point for the research took note of the fact that the evolution of social relations, industrial development and the different organization of life and work have given to the problem of health a new dimension and a new urgency. Today, health is assailed and jeopardized, although it represents an asset not only of the individual but also of society as a whole. Thus the research – as its title indicates – confronted this fundamental human right in both its above-mentioned aspects and in all the possible points of conflict and connexion which characterize its dynamics.
CONTENTS
The concept of safeguarding health today - The protection of health under the norms of the Constitution - Deficiencies of public intervention - Health education and the protection of health - Reform prospects - Outlines of the normative system in general - Regulations on individual foods - Relevant cases in the courts - Reform projects - Legislation in this and related areas - Background cultural assets and health - Natural resources and health - Environmental disturbances and health - Relevant cases in the courts - Legislative initiatives and reform projects - National and Regional town-planning legislation - Relevant cases in the courts - Reform prospects - Current legislation in relation to schools - Reform projects - National and Regional legislation on labour - Relevant cases in the courts - Reform projects - Health protection in relation to sporting activities - Health organization in Italy and reform prospects - Drugs - Narcotics and psychotropic substances - Blood transfusions - Transplants - Protection and assistance of maternity and infants - Public works and health - Regulatory activity on safeguarding health - The social and health policy of the Council of Europe.
(*) The person in charge of the research was: prof. G. Pugliese
Co-ordinators of the Research Group were: cons. A.C. Moro and cons. R. Bertoni.
Consultants: M. Cozzarini, D. Felisati, A. Giobbi, S. Zedda.
Researchers: A. Bianchi, P. Casadei Monti, V. Colalillo, G. Di Giovine, V. Esposito, M. Garavelli, E. Lemmo, E. Lupo, A. Postiglione, U. Scicchitano, G. Zappa.
175. LIABILITY OF COMPANIES FOR DAMAGE TO THE ENVIRONMENT AND TO CONSUMERS
La responsabilità dell’impresa per i danni all’ambiente e ai consumatori
Proceedings of the Study Conference held at Milan, Italy, 17th-18th December 1976
No. 9, Collection of Study Conferences «Current Problems of Civil Law and Procedure»
Ed. Giuffrè - Milan - 1978 - XVI 254 pages
PRESENTATION
The echo of frequent dramatic instances of damage to the environment by business activities gives a special interest to this Volume, collecting the Proceedings of the Conference held at Milan on the problems of the liability of the manufacturer both for «ecological» damage and for damage caused by the use of finished products.
The Reports that were presented, as well as contributions to the discussions, on both aspects of the theme reflect the deep concern of scholars about the ever more complex consequences to the natural environment. Such concern leads to a wish to introduce an organic discipline so as to satisfy, not only the various interests that come into play, but also the need for an adequate protection of the collective assets.
CONTENTS
The responsibility for ecological damage: Introduction (S. Rodotà) - The problem of pollution: economic aspects (G. Mazzocchi) - Public and general outlines of measures to protect against ecological damage (E. Capaccioli) - General outline of protection given by the law against ecological damage (A. Corasaniti) - Procedural aspects of the protection of the environment (V. Denti) - Civil Law premisses (P. Rescigno) - Criminal liability for the type and means of production (F. Bricola) - Final Report (N. Lipari). The responsibility for dangerous products: Introduction (G. Grassetti) - The liability of the manufacturer. General problems (U. Carnevali) - The problem of prevention (G. Ghidini) - The liability of the manufacturer in the Common Law experience and in Uniform Law projects (G. Alpa) - Insurance against civil law products liability (D. De Strobel) - The protection of the consumer’s interests in criminal proceedings (E. Amodio) - Final Report (S. Rodotà).
176. PREVENTIVE CUSTODY AS APPLIED BY THE COURTS
La custodia preventiva nell’applicazione giudiziaria
By N. Reale, F. Padoin, R. Breda, C. Casini, D. Cortellessa, G. Dante, V. Esposito, T. Galiani, D. Nastro, V. Patalano and G. Tartaglione
Research entrusted to the Criminological Section (*) of CNPDS and undertaken with the support of the Italian National Research Council
Series of Criminology Studies, No. 5
Rome - 1978 - VIII 218 pages
PRESENTATION
The research covered in this Volume was undertaken with a view to discovering the discretionary criteria applied in the control of measures ordered by courts whereby the accused person is deprived of his liberty. This is a virtually unexplored field, especially insofar as it concerns the criteria for the practical imposition of remand in custody and then for granting bail, whilst, so far as the study of the problem under the strictly juridical aspect is concerned, there is a greater range of materials, especially in relation to the analysis of the premisses and legal conditions governing the application of the measure. An in-depth examination of the data has been undertaken. The analysis employed not so much formal juridical terms as those giving entry to sociology of law – i.e., with the specific aim of bringing to light the value judgements with which on the one hand the police authorities and on the other the magistrates, ordering, investigating and judging, were inspired when authorising arrest or seizure, in granting bail and in revoking it.
CONTENTS
The problem of preventive custody from the juridical and jurisprudential point of view: Commencement and cessation of preventive custody - The most recent reforms - Analysis of data: Age - Sex - Nationality - Residence - Civil status - Levels of education and work - Criminal record - Nature of offence - Nature of original provision - Mandatory and discretionary aspects of Court decision - Combination of crimes - Nature of the final decision - Stage at which the final decision comes into play - Change of nature of the offence - Duration and stages of remand in custody before the final judgement - Applications and appeals of those detained in custody in order to obtain bail - Final considerations.
(*) The person in charge of the research was: cons. F. Padoin.
177. BENEFITS OF PARDON AND RECIDIVISM
Benefici di clemenza e il recidivismo
Work undertaken by N. Reale, G. Tartaglione, C. Cotronei, R. Breda, M. Fontanesi, T. Galiani, V. Mele, G. Minervini, V. Patalano, F. Scaramucci, G. Dante and N. Coco.
Research entrusted to the Criminological Section of CNPDS (*) and undertaken with the support of the Italian National Research Council
Series of Criminology Studies, No. 6
Rome - 1978 - VII 168 pages
PRESENTATION
This Volume assembles the results of the research carried out by the Criminological Section of the CNPDS, to establish experimentally the social incidence of the general benefits of pardon as compared with the benefits to the individual. Attention is drawn to the fact whereby such measures in general do not diminish the tendency to commit further offences: a fact which should give food for thought to those who are responsible for determining policies in this field.
CONTENTS
Aims of the research - Field and premiss of the study - Amnesty, reduction of sentence and recidivism (penalistic perspectives - provision of general pardons in Italy and current trends - statistical data) - Sampling and assembly of data (formation and description of the sample - its structural characteristics: sex, age, criminal antecedents, type of crime, type of punishment) - Reiteration of the benefits: Effects of pardon and recidivism - Amnesty, reduced sentence and recidivism - Final considerations.
(*) The person in charge of the research was: cons. G. Tartaglione.
178. THE «SUPREMACY» OF COMMUNITY LAW AND THE ITALIAN COURTS
Il primato del diritto comunitario e i giudici italiani
Published with the support of the Italian National Research Council
No. 1, Collection «The Law of the European Communities: Problems and Trends»
Ed. Franco Angeli - Milan - 1978 - 377 pages
PRESENTATION
The Collection of studies, of which this is the first Volume, is inspired by a number of observations likely to interest a range of jurists in a broader field than that of purely Community Law. The first of these is that the intervention of Community Law in the ambit of national legal systems is more than an established fact: it is a phenomenon which is constantly expanding. The existence of the legal provisions of the Community today has a significance which cannot be ignored in Constitutional Law, in the Public Law of the economy, in Commercial and Industrial Law, in Labour Law, in Tax Law, and also in civil procedure and certain sectors of national Administrative Law. It is thus without difficulty that one may state that the juridical reality of Community Law gives rise to problems which are progressively becoming more numerous and complex, the study of which involves various sectors of domestic national law.
CONTENTS
Documents: Decision of 9th March 1978 of the Court of Justice of the European Communities in the Simmenthal Case - Conclusions of Advocate General Reischl - An impasse between Community Law and the Italian Constitution (P. Barile) - Need to resolve the current contrast between the Constitutional Court and the Court of Justice of the European Communities (M. Berri) - Conflict between the Luxembourg Court of Justice and the Italian Constitutional Court (F. Capelli) - An inevitable conflict: possible remedies (M. Capurso) - Court of Justice or Federal Court of the European Communities? (S.M. Carbone-F. Sorrentino) - On the problem of conflict between Community norms and subsequent national laws (N. Catalano) - The Simmenthal Case and the supremacy of Community Law: two Courts in confrontation (L. Condorelli) - Constitutional invalidity or non-application of Italian laws inconsistent with Community norms? (G. Gemma) - Constitutional invalidity or «Community» unlawfulness of domestic national laws? (R. Luzzatto) - «Prevalence» of Community norms and judgements over the Constitutional validity of domestic national laws (D. Maltese) - On the conflict between Community norms and subsequent domestic norms, following Decision No. 106 of 1977 of the Court of Justice of the European Communities (C. Martino) - Conflict between the Constitutional Court and the Court of Justice of the European Communities and possibilities for resolving it (A. Migliazza) - Trends on fulfilling Community normative obligations (R. Monaco) - The conflict between a norm of Community Law and a subsequent one of domestic national law: possible developments after Decision No. 106 of 1977 of the Court of Justice of the European Communities (F. Mosconi) - A conflict between supremacies of position (G. Motzo) - Limited sovereignty and reserved sovereignty, Community approval and jurisdictional controls (M. Panebianco) - On the non-applicability of domestic national norms which are inconsistent with Community Law (P. Paone) - On the limits of relevance of Community Law to the Italian legal system (G. Pau) - Is it always essential to declare that a domestic national norm that is inconsistent with a Community norm is constitutionally invalid? (F. Pocar) - Community Law and domestic national law in decided cases of the Italian Constitutional Court and of the Court of Justice of the European Communities: a quarrel that must be resolved (G. Sperduti) - The continuing dialogue: on the jurisprudential conflict between the Italian Constitutional Court and the Court of Justice of the European Communities (I. Telchini) - The Simmenthal Case: the conflict between the Community Court and the Constitutional Court. A real cause for concern? (G.L. Tosato) - Comment on the Decision of 9th March 1978 of the Court of Justice of the European Communities in Case No. 106 of 1977 (M. Udina) - Pleadings before the Court of Justice of the European Communities in the Simmenthal Case - Relevant pronouncements of the Constitutional Court - Bibliographical indications (M. Tamburini).
179. PUBLIC FAMILY CONSULTANTS - NORM AND SOCIAL REALITY
I consultori familiari pubblici - Norma e realtà sociale
By Paola Ronfani, Vera Segre and Nella Velicogna
Published with the support of the Italian National Research Council
No. 1, Collection «Studies and Research in Sociology of Law»
Ed. Giuffrè - Milan - 1979 - VIII 204 pages
PRESENTATION
This Volume initiates a series of «Studies and Researches in Sociology of Law» published by CNPDS. The works which it contains were undertaken at the Institute of Philosophy and Sociology of Law at Milan University. The results are set out of a study which began in the last months of 1976 and reached completion towards the end of 1978. Its object was the study of an institution which recently came to form part of the administrative machinery of local government in Italy: family consultancy. This is an attempt at a direct and immediate analysis of the normative and institutional setting and functional implementation, so as to provide a typically sociological-juridical exercise. It seeks to examine, as an on-going research study, the origination and organization of the norms, insofar as they derive from the emerging demands of the social system (studying them – it is worth saying – not only structurally but functionally) and goes on to examine how they are translated into machinery which provides (or should provide) services and assistance in response to such demands. Basically this is a means of verifying the circular process whereby the system of social relationships is grafted on to the juridical sub-system and from there returns to the social milieu as an institutional response to a need.
CONTENTS
The normative framework: The basic Law in the Constitutional perspective - The implementing Law in Lombardy and the Regional Statute - National law proposals and the advent of Law No. 405 - The consultants under the basic Law - Consultants under the implementing Law in Lombardy - The Regional Laws on consultancy services - New tasks for the Consultants - Field research: Consultants in the Health Consortium of Rozzano - Consultants of the Municipality of Milan - A sounding on the demand in Zone 20 - Reflections on the current situation - Tables - Concluding remarks - Analysis of literature on the subject: Typology of family consultants - The problems of family consultancies - Appendix: Norms and management directives - Methodological instruments for field research - Examples of the promotional activity of the consultants - Up-dating of the zonal services.
180. SECRETS AND CRIMINAL EVIDENCE
Segreti e prova penale
Proceedings of the Study Conference held at Ferrara, Italy, 30th June-2nd July 1978
No. 12, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1979 - XV 226 pages
PRESENTATION
The participants in the Conference examined subjects pertaining to the so-called principle of free research of historical truth. This is one of the many myths which contribute towards giving a distorted view of the phenomenon of criminal procedure. In particular, witness evidence and documentary evidence are subject, in their acquisition, to many limitations of various sorts. Notable among these are the many types of secret which are protected at law. Recent legislative reforms (State secrets), repeated issues of Constitutional validity (Press confidences, sensitive judicial polemics, official secrets, professional secrets), complex undertakings, even with an international basis (banking secrets) - all pose new questions and generate doubts on the scope of each category, on the effectiveness of controls over the existence of the secrets that are pleaded and on the timeliness of a balance being drawn between the various opposed interests.
CONTENTS
Introductory Report (G.D. Pisapia) - From political-military secrets to State secrets (V. Cavallari-P. Pisa) - Banking secrets (A.A. Dalia) - Official secrets and professional secrets, with special regard to the professional confidence of lawyers (L. Concas) - Press confidentiality of sources (P. Nuvolone) - The professional secret of journalists in relation to State secrets (E. Pennacchini) - Final Report (G. Conso).
181. PENAL SANCTIONS IN THE TAX-FIELD
Le sanzioni in materia tributaria
Proceedings of the Study Conference held at Sanremo, Italy, 21st-22nd October 1978
No. 10, Collection of Study Conferences «Current Problems of Civil Law and Procedure»
Ed. Giuffrè - Milan - 1979 - XVIII 328 pages
PRESENTATION
The Reform Law on Tax matters, in order to ensure the prevention and repression of tax-evasion, provides for a strengthening of the system of administrative and penal sanctions, including imprisonment, and the adjustment of these «in better proportion to the practical entity, both subjective and objective, of the violations».
The various Orders bringing the Reform Law into effect, which were made in 1972 and 1973, have haphazardly provided for the application of sanctions without observance of the directive that they should be «in better proportion to the practical entity, both subjective and objective, of the violations».
In the programme of the Government, supported on all sides, there is a fight against tax-evasion, and as its operational arm there is an immediate transference to the criminal law courts of cases where, even though the tax element may not yet have been defined, there is a prima facie case of an infraction that is subject to penal sanctions. On yet more sides, there has been concern that such a procedural innovation, not preceded by a reorganization of the system of sanctions, will bring further confusion, serious anomalies and widespread and uncontrollable disadvantages, which are sure to work to the benefit of persons accomplished in the skills of tax-evasion. In this situation, the Conference, with its Reports and discussions, sought to make a contribution towards a more efficient implementation of the directives contained in the Reform Law.
CONTENTS
Introductory Report (G. Conso) - Considerations of a tax practitioner on penal sanctions in taxation matters and on their enforcement (G.A. Micheli) - The general principles of Criminal Taxation Law (P. Nuvolone) - Procedure and sanctions in regard to fiscal offences (in French legislation) (P. Fontaneau) - Penal sanctions in matters of indirect taxation (I. Caraccioli) - Penal aspects of VAT (A. Bartulli) - Reform projects (A. Brancaccio) - Principles in regard to administrative sanctions: introductory considerations (E. Capaccioli) - Administrative sanctions in taxation matters (L. Perrone) - Jurisdictional protection against penal provisions of the taxation authorities (C. Magnani) - Notes on privileges in administrative and pecuniary taxation sanctions (G. Marongiu) - The liability of company directors and liquidators to fiscal sanctions and liability for the unpaid taxes of the company (V. D’Orsi).
182. THE EUROPEAN PARLIAMENT - POLITICAL FORCES AND THE RIGHTS OF CITIZENS
Parlamento Europeo - Forze politiche e diritti dei cittadini
Research entrusted to the permanent Committee (*) of CNPDS on the Law of the European Communities.
Papers by G. Zagrebelsky, N. Ronzitti, A. Tizzano, A. Giardina and E. Vinci Ed. Franco Angeli - Milan - 1979 - 260 pages
Published with the support of the National Research Council
No. 2, Collection «The Law of the European Communities: Problems and Trends»
PRESENTATION
The studies collected in this Volume are the fruit of research activity on the theme by the relevant Committee of the Centro, looking towards the elections by universal suffrage to the European Parliament. A critical analysis is made of the complex problems linked to the existence and functioning of that institution outside the general common ground of the European movement.
CONTENTS
The electoral mechanisms for the election of the European Parliament and their political implications (G. Zagrebelsky): The fundamental features of the Italian Electoral Law - The basic inspiration of the Italian Electoral Law - The contribution of direct elections to the formation of a unitary European political system and the institutional obstacles in its way - The lack of political homogeneity between the States and the problem of voting for citizens resident abroad - Election by universal suffrage to the European Parliament and democratic control of the process of European integration (N. Ronzitti): The dimensions of the problem - Elections by universal suffrage and powers of the European Parliament - The Vedel Report - The powers of the European Parliament in the context of workers belonging to the European Union - The inter-party central establishments - Resistance to an increase in the powers of the European Parliament - National Parliaments and European integration - The Italian Parliament and its executive organs acting at the centre of the EEC - The importance of links between the European Parliament and national Parliaments - Notes on the British system - Democratization of the process of European integration and national Parliaments - Italian political forces and European links in the prospect of the election for the European Parliament (A. Tizzano): Italian political forces and European integration - Reactions caused by the approach of the European elections. The establishment of links with political parties in other EEC Member States - European Parliament and fundamental rights (A. Giardina) - The problem of safeguarding fundamental rights in the EEC - The stance adopted by the Constitutional Courts of Italy and West Germany - Decided cases in the Community Court and the Joint Declaration (Council, Commission and European Parliament) of 5th April 1977 - Fundamental rights in the world and direct election to the European Parliament: the juxtaposition of civil and political rights and of economic and social rights - Instruments for the protection of fundamental rights in the Community - The European Parliament and fundamental rights: the distinction between Community authority and powers of the Member States - Problems of individualizing rights, their content and limits - European Parliament and protection of citizens’ rights (E. Vinci): Powers and role of the Community and of its institutions - European citizenship (of the EEC) - Role and authority of the Community - Objective and political limits to the action of the Community and its institutions - Specific actions of the Community and its institutions in the protection of individual rights - Social-economic rights - Special rights - Fundamental rights - Documents: Norms in the Treaties of the Community regarding the Assembly - Treaty establishing the Coal & Steel Community - Treaty of Rome - Treaty establishing Euratom - Decision of the EEC Council of 20th September 1976- The electoral laws of the nine Member States: Belgium, Denmark, France, Ireland, Italy, Luxembourg, Netherlands, United Kingdom of Great Britain and Northern Ireland, German Federal Republic - Joint Declaration of the European Parliament, the Council and the Commission of 5th April 1977.
(*) Chairman: on. M. Zagari;
Vice-Chairman: avv. F. Capotorti.
Scientific Secretary: prof. T. Treves.
Members: prof. G. Amato, avv. G. Amoroso, prof. F. Bassanini, avv. G.A. Bergmann, cons. A. Brancaccio, pres. A. Buggé, prof. P. Caretti, prof. L. Condorelli, prof. B. Conforti, avv. G. Covi, prof. L. Ferrari Bravo prof. P. Fois, prof. G. Gaja, prof. G. Ghidini prof. A. Giardina, prof. M. Giuliano, prof. P. Lamberti Zanardi, prof. R. Luzzato, prof. A. Malintoppi, prof. A. Migliazza, prof. G. Minervini, prof. F. Mosconi, prof. F. Pocar, dott.ssa L. Pomodoro, prof. S. Rodotà, prof. N. Ronzitti, prof. G Sacerdoti, cons. A. Saggio, pres. F. Saja, avv. M. Siragusa, prof. V. Starace, prof. A. Tizzano, prof. G.M. Ubertazzi, prof. A. Vanzetti, prof. G. Zagrebelsky, prof. P. Ziccardi, cons. F. Zucconi Galli Fonseca.
183. PROFESSIONAL DEFENCE AND SELF-DEFENCE IN CRIMINAL PROCEEDINGS
Difesa tecnica e autodifesa nel processo penale
Proceedings of the Meeting held at Florence Italy, - 25th June 1977
Organized by the Study Committee «Enrico de Nicola» of the Centro Nazionale di Prevenzione e Difesa Sociale
Special Supplement to the «Rassegna di studi penitenziari» («Review of Penitentiary Studies»)
Rome - 1979 - XVI 170 pages
PRESENTATION
This subject was suggested by recently well-known problems in the judicial field, in the course of which a number of objections on grounds of Constitutional invalidity were raised. The opportunity was taken to examine carefully all the subject in its various implications regarding questions of basic guarantees.
CONTENTS
Introduction (G. Conso) - Contributions (V. Grevi, V. Denti, L. Di Pietro, V. Cavallari, E. Fassone, E. Amodio, R. Orefice, M. Siniscalco, M. Chiavario, V. Gabri) - Discussion (A. De Mattia, A. Melchionda, A. Malinverni, O. Dominioni, G.M. Flick, C. Fiore, P. Tonini, A. Giarda, M. Valiante, F. Corbi, J. Calamandrei Nesi, A. Casalinuovo) - Conclusions (G. D. Pisapia) - Communication (P. Pajardi).
184. FAMILY, LAW, SOCIAL CHANGE IN EUROPE
Famiglia, diritto, mutamento sociale in Europa
By Valerio Pocar and Paola Ronfani
Research by CNPDS undertaken with the support of the Italian National Research Council
Edizioni di Comunità - Milan - 1979 - 277 pages
PRESENTATION
This Volume contains fourteen essays which make a sociological-juridical study of the evolution of legislation on family relationships in the same number of
European countries. They represent the outcome of promotional and organizational work which began towards the end of 1977 and provide a valuable amount of interesting information on the relations between the evolution of Family Law and social transformation in the various countries, sometimes emphasizing the empirical aspect of the research and sometimes the theoretical aspect.
The usefulness and value of such data seem in no way diminished, but rather enhanced, by a certain diversity of outlook which the reader may note in the various contributions, a diversity which alone serves to confirm a well-known fact: that a sociological-juridical approach is interpreted in a variety of ways by the respective Authors.
CONTENTS
Introduction (V. Pocar-P. Ronfani) - Social change and the reform of Family Law in Austria (J.J. Hagen) - The family and the evolution of law in Belgium (M. Bax-J. van Houtte) - Problems of matrimonial and family relationships in Czechoslovakia (M. Zuklínová) - Studies in the field of Family Law and legislative reforms in Finland in the Nineteen Seventies (A. Aarnio-U. Kangas) - For a sociological research on Family Law in France (A.J. Arnaud-J. Commaille) - Developments in Family Law in Great Britain between 1966 and 1978 (S. Maidment) - Reflections on the reform of Family Law in Yugoslavia (A. Perenic´) - Considerations on Family Law in Norway (E. Harboe) - Family Law in the Netherlands: changes in public opinion and in legislation (E. Kettner-de Wijn) - The reform of the Civil Code and the new model of family in Portugal (F.M. Pereira Coelho) - A sociological analysis of the reform of divorce in the German Federal Republic (K. Rausch-B. Zahlmann Willenbacher) - Evolution and perspectives of Family Law in Romania (V. Dan Zlàtescu) - Panoramic view of Family Law in Spain (R. Bercovitz and Rodriguez Cano) - Family Law in Switzerland and the process of female emancipation (K. Widerberg).
185. XIIth CONGRESS OF THE INTERNATIONAL ASSOCIATION OF PENAL LAW
XII Congresso dell’Associazione internazionale di diritto penale
Report of CNPDS presented to the XIIth International Congress of the International Association of Penal Law (Hamburg, Germany, 16th-22nd September 1979)
Published in French
Milan -1979 - 91 pages
PRESENTATION
CNPDS made its contribution to the work of the above-mentioned Congress with this Report, which gathers together the Reports prepared under the
supervision of various experts on the individual topics, and distributed by
Sections under the Chairmanships of Professors G. Vassalli, P. Nuvolone, G. D. Pisapia and G. Conso.
CONTENTS
Ist Section: Offences committed negligently. Prevention and treatment of offenders - IInd Section: Protection of human rights by Criminal Law of the natural environment - IIIrd Section: The protection of human rights in Criminal Procedure - IVth Section: Immunity, extra-territoriality and right of asylum in International Criminal Law.
186. PUBLIC OPINION AND DEVIANCY IN ITALY
Opinione pubblica e devianza in Italia
By M. Berra, A. Biccheddu, A. Cammarota, V. Ferrari, A. Lazzarino, G. Maggioni, M. Masia, C. Monari Onida, E. U. Savona
Edited by A. Giasanti and G. Maggioni
with an Introduction by Vincenzo Tomeo
Research study by CNPDS undertaken with the support of the Italian National Research Council
No. 1, Collection of Sociology of Law
Ed. Franco Angeli - 1979 - 359 pages
PRESENTATION
This Volume (*) assembles the research work embodied in the framework of an inter-cultural initiative. It represents the Italian contribution to such comparative research, promoted by the International Centre for Comparative Criminology of Montreal, in which experts from many different countries participated. For obvious reasons of expediency in a comparative context, the national contributions, while autonomous, followed a unitary scheme based on the one proposed by the Montreal Centre.
CONTENTS
Introduction (V. Tomeo) - Social reaction in Rome (E.U. Savona): Public opinion and penal policy - The area of deviancy - The content of non-institutional reaction - Theoretical reference-points - The hypotheses - The research - The results: Offences against the person - Offences against property - Acts contrary to public safety and interests - Deviancy without victims - Conduct affecting factory work - Conduct affecting values of solidarity - Rivendications for political-social ends - Social reaction in Turin (M. Berra-A. Lazzarino-C. Monari Onida): Deviant conduct in the personal sphere: sexuality, abortion, drugs - Crimes against real property, personality and the person - Conduct harmful to the public interest - Conduct in the political-social sphere - Conduct inherent in contracts of employment - Revendications for political-social ends - Conduct that is (and is not) aimed towards solidarity - Social reaction in Cagliari (V. Ferrari-A. Biccheddu-M. Masia): Sardinia between tradition and change - Criteria for sub-division and analysis of data - The sphere of morality and good order - The sphere of the person and individual liberty - The patrimonial sphere and its individual implications - The patrimonial sphere and its social implications - Conduct concerning blue-collar workers - Conduct concerning white-collar workers - Social origins and motivation - Social reaction in Messina (A. Cammarota): The case in Messina - Crimes against real and personal property and against the person - Conduct involving drug-taking and sex - Conduct concerning work in factories - Conduct aimed at political and social change - Conduct that is (and is not) aimed towards solidarity - Elements for a comparison between the four cities (G. Maggioni): General elements of comparison between the four cities - The «common criminality» - «White-collar crime» - «Deviancy without victims» - «Blue-collar crime».
(*) The person in charge of the research was Professor V. Tomeo.
187. ABSENTEEISM AND SICKNESS IN INDUSTRY - A JURIDICAL- SOCIOLOGICAL ANALYSIS
Assenteismo e malattia nell’industria - Un’analisi sociologico-giuridica
By V. Ferrari, R. Boniardi and N. Velicogna
Research by CNPDS with the support of the Italian National Research Council
Edizioni di Comunità - Milan - 1979 - 194 pages
PRESENTATION
Absenteeism in industry which for a long time has been a subject studied by sociologists, psychologists, jurists and organizational specialists, has become in recent years a central theme in the political debate; within it meet and come into opposition the great visions of the power and the role of employers and workers in the manufacturing sector.
The research presented in this Volume examines certain provisions of Laws and Collective Agreements dealing with sickness during the currency of the contract of employment; it seeks primarily to find an answer to the one apparently limited question: has the implementation of such provisions had any influence on the levels of «absenteeism»? The work is the product of studies undertaken by the Centro with the collaboration of the Institute of Philosophy and Sociology of Law of Milan University.
CONTENTS
Sickness and absenteeism: Legal norms on the treatment of illness - Notes on the concept of absenteeism and on studies of absenteeism - Absenteeism and its relations to legal provisions on sickness - Sickness absence from work: observations in the engineering sector: Definitions on the data collected, their extension and limits - Movements in average levels of absenteeism - General trends - Detailed study of absence rates for «long» and «short» illnesses - Average frequency of bouts of illness - Observations on certain separations - Further reflections suggested by a sampling study - The phenomenon of chronic absenteeism - Sickness in relation to other causes or factors for absence from work - Unpaid absences and disputes with the trade unions - Special observations on Honeywell and Olivetti Business reaction - The judiciary and absenteeism: General survey of decided court cases - Formal procedures incumbent on the sick worker - Controls over the state of sickness and the conduct of the sick worker - Concluding reflections: Italian economic development and industrial relations - Use of the law and political power.
188. THE RIGHT TO STUDY IN THE CONTEXT OF RELATIONS BETWEEN UNIVERSITY AND REGION
Il diritto allo studio nel quadro dei rapporti fra università e regione
Proceedings of the Study Conference held at Milan, Italy, 26th-28th October 1978
Organized by CNPDS and the Opera Universitaria of the Milan University
«Quaderni della Regione Lombardia» - Milan - 1979 - 403 pages
PRESENTATION
This Volume presents the Proceedings of the Study Conference referred to above. The Conference was prompted by the reform of provisions for the assistance of students at university, introduced by Art. 44 of the Presidential Decree No. 616/1977, which lays down and regulates the transfer to the Regions of the administrative functions previously exercised in this field by the State with the transference of the assets and personnel of the «Opere Universitarie». This transference of functions brought new and important problems, both as to the relations between assistance to university students and the other forms of assistance given by the Regions and also in relation specifically to assistance to university students as an actuation of the right to study. The Conference made a contribution towards determining the proper order of such relationships, giving special attention to the educative and training aspects of assistance to university students and to its cultural and social aims and implications, in the conviction that a suitable reconciliation would prove the happiest and most efficient route to legislative solutions. This was also an important occasion for a meeting of ideas and trends on the right to study in its relations to the future of the University in its scientific and didactic aspects: these ideas and trends of diverse types came from many different backgrounds, experiences and interests.
CONTENTS
Reports: Introduction to the Conference (F. Pastori) - Idea of the University and the right to study (U. Scarpelli) - The university, the right to study and assistance to university students at a time of transformation of Italian society (G. De Rita) - State system and powers of the Regions in the field of assistance to university students (A. Bardusco) - Economics of the university and the right to study (G. Mazzocchi) - The problems of the free universities (S. Petrelli-I. Gasparini-G. Lazzati) - Verbal contributions: (P. Bonora-A. Gigli Berzolari-F. Brunetti) - Outlines for a new policy on the «right to study» (D. Barbavara) - Economic support to students: the experience in Finland (M. Mori) - The student health service and careers service (O. Andreani-M.T. Tenconi) - Right to study and public provision of services (F. Bertè) - Assistance to university students in the context of the right to study: how to question the experience: Introduction (G. Martinotti) - The right to study at university. Pedagogic considerations (G.M. Bertin) - Psychological aspects (A. Maderna) - Interventions (G. Sasso-S. Andò-F. Gramatica-L. Amirante-R. Scartezzini-A. Meola-G. Mottadelli-C. Sansalone-P. Rutigliani) - Current experiences of the right to study in other countries: Assistance to students in Great Britain (D.D. Raphael) - The right to study. The experience of higher education in the Socialist countries (J. Wroblewski) - A few comments on higher education in USA (J.G Kelly).
Prospects of action by the Regions and by the University in carrying out the right to study (G. Cotturri-V. Frosini-N. Lipari-S. Valitutti) - Parties and unions vis-à-vis the implementation of Art. 44 of Presidential Decree No. 616/1977 (E. Serravalle-A. Bemporad-G. Gnoli-G. Giannantoni-P. Togni-G. Malagodi-R. Savasta-P. Brezzi-G. Vecchio-B. Zeller-B. Armato-G. Spadolini-R. Guerra-G. Lombardini) - Situation and aims of the «Renato Einaudi» University College of Turin (G. Castelnuovo) - The right to study of the gifted and deserving in the context of the respective university and regional autonomies (G. Limiti) - Crisis of the university and the right to study (G. Benvenuto) - Conclusions (L. Tassinari-F. Hazon) - Appendix: Study on professional opportunities for graduates in Lombardy (G. Avondo Bodino).
189. DIRECT APPLICABILITY UNDER COMMUNITY LAW
La diretta applicabilità nel diritto comunitario
By Riccardo Luzzatto
published with the support of the Italian National Research Council
No. 3, Collection «The Law of the European Communities: Problems and Trends»
Ed. Franco Angeli - Milan - 1980-1981 - 196 pages
PRESENTATION
This study was prompted by the wish to assess the juridical importance of the direct applicability of EEC Law in the EEC system. In the light of pronouncements of the Court of Justice of the European Communities and the function which it is coming to assume, the problems of resolving the possibilities of direct application have become a matter of pressing practical importance.
CONTENTS
General aspects and origin of the concept of direct applicability: The concept of direct applicability in the Community system - Direct applicability in decided cases of the Court of Justice - The link between the concept of direct applicability and the confirmation of the existence of an autonomous EEC juridical system - Community norms which are directly applicable and self-executing conventional norms - The direct applicability of EEC Regulations under Art. 189 of the Treaty of Rome - The direct applicability of the Directives and decisions - Terminological aspects and substantive aspects of direct applicability - Direct applicability of norms contained in international agreements binding on the Community - Directly applicable EEC Law and domestic courts: The concourse of organs of the State in implementing EEC Law - Possible limits to the implementation of EEC Law - Decided cases in the Community Court - The public interest - Features of subjective juridical situations protected by the national courts - The identification of directly applicable Community norms: The
important elements - Free circulation of goods - Free circulation of persons and services - Free circulation of capital and freedom of payments - Policy of the Community: The rules on Competition - Fiscal provisions - The social policy: Art. 119 of the EEC Treaty - Concluding considerations.
190. SOCIAL MARGINALITY AND JUSTICE
Marginalité sociale et Justice
Proceedings of the IXth International Congress on Social Defence (Caracas, Venezuela, 3rd-7th August 1976) (*)
Milan - 1980 - 318 pages
PRESENTATION
This Volume sets out the Proceedings of the IXth International Congress on
Social Defence, which followed up the themes dealt with, and the Resolutions passed, at earlier Congresses. In this way, there was clearly a continuity of research into problems involving the multiple implications of the phenomenon of social marginalization. The IXth Congress took account of the sociological, bio-criminological and juridical aspects of the range of problems.
CONTENTS
Preface (M. Ancel) - The International Society of Social Defence: Minimum programme - The Ninth International Congress on Social Defence: Theme of the Congress and commentary - Preparatory work - Opening Session: Addresses by J.R. Mendoza Troconis-F. Gramatica-M. Ancel-G.O.W. Mueller-A. Sanchez Bueno - Sociological aspects and Sociology of Law aspects: Sociological Introduction (R. Koenig) - General Reports (R. Koenig-A. Lasser-S.C. Versele-D. van de Velde-Graff) - Bio-criminological aspects: General Reports (P. Lejins-B. Beiderman) - Juridical aspects: General Reports (A. Baratta-H.C. Fragoso) - Solutions to the problem of marginalization: General Reports (A. Podgórecki-S. Garcia Ramirez) - Summary Report (J. Vérin) - Closing Session - Addresses by A. Beria di Argentine-J.R. Mendoza Troconis-A. Sanchez Bueno-G. Barrios.
(*) Details of the general Reports and the Report of CNPDS, with a summary of individual contributions, are given in entries Nos. 165, 166, 167 and 168.
191. CRIMINALITY IN THE MILANESE AREA
La criminalità nell’area milanese
Edited by the Commission for defence against crime
Promoted by the Municipality of Milan with the collaboration of CNPDS
Ed. Giuffrè - Milan - 1980 - 250 pages
PRESENTATION
With this Volume, the Municipality of Milan makes public the results of a long work involving collaboration between local authorities, personalities in the scientific world and representatives of the State, participating together in a Commission for defence against crime. The compilation of the Volume was entrusted to CNPDS, who had made a valuable contribution to the work of the Commission, the culmination of a series of endeavours aimed at obtaining a better understanding of criminality in the Milanese area and identifying practical solutions in the field of prevention and repression.
CONTENTS
Presentation (C. Tognoli) - Introduction (V. Rognoni) - The problem: International documentation and analysis of conceptual problems relating to social control of criminality in urban areas (G. di Gennaro-F. Ferracuti) - Considerations on juvenile delinquency (A. C. Moro) - The researches: Deviancy and criminality in Lombardy. Review of sociological research studies (G. Galli-G. Maggioni) - The young and deviant conduct: study on the perception of criminality among minors in the Milanese area (G. Maggioni-G.V. Pisapia) - Criminality and the labour market: pilot study on official statistics (S. Negrelli) - The proposals: Local authorities and prevention of crime (G. Ponti) - Proposal for a study into associative participation, social control and deviancy (G. Martinotti) - Urban tensions and the role of the local authority (research strategy) (G. De Rita).
192. CRIMINALITY AND ABUSE OF POWER: OFFENCES AND OFFENDERS BEYOND THE REACH OF THE LAW?
Criminalité et abus de pouvoir: délits et délinquants au-dessus de la loi?
Contribution to the VIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, presented to the Vth Inter-Association Colloquium at Bellagio, Italy, 21st-24th April 1980
Organized by the Provincial Administration of Milan and CNPDS
Published in French and English
Milan - 1980 - 99 pages - 95 pages
PRESENTATION
The International Association of Penal Law, the International Penal and Penitentiary Foundation, the International Society for Criminology and the International Society of Social Defence had agreed to co-ordinate their work in the field of Criminal and Penitentiary Law through annual Conferences and a quinquennial joint Colloquium. The Centro, who had been made responsible for the organization of this and all the preceding Colloquia, collected in this Volume the general Reports and the general Summary Report presented in the course of the Vth Colloquium (Bellagio, April 1980). The Volume also includes the text of a Resolution addressed to UNO and unanimously approved by all the above-mentioned Associations. By means of this Resolution, the Associations trust that they will achieve an ever better understanding with the United Nations Crime Prevention and Criminal Justice Branch.
CONTENTS
General Report of the International Association of Penal Law (R. Ottenhof) - General Report of the International Penal and Penitentiary Foundation (K. Tiedemann) - General Report of the International Society for Criminology (G. Kellens-K. Lindsey) - General Report of the International Society of Social Defence (A. Malinverni) - General Summary Report (E.A. Fattah) - Resolution addressed to the United Nations.
193. THE EUROPEAN COMMUNITIES AND THE ROLE OF THE REGIONS
Comunità europee e ruolo delle Regioni
Proceedings of the Study Conference held at Milan, 26th-27th October 1979
Organized by CNPDS and the Regional Council of Lombardy
Ed. Giuffrè - Milan - 1981 - XII 310 pages
PRESENTATION
The work of the Conference, collected in this Volume, concentrated on an endeavour to elucidate the problems concerning the Regions, as the Authorities intended, especially with the programming to coincide with the development plans of the EEC, to fulfil an essential role in building a united Europe. The Reports and addresses were characterized by a high scientific level, presented by personnages from the political and academic worlds.
CONTENTS
Introduction and addresses of the President of the Regional Council of Lombardy, C. Smuraglia, of the Vice-President of the European Parliament, M. Zagari, and of the President of the Committee of the European Parliament for Regional Policy, P. de Pasquale - Regional autonomies and Community powers (F. Bassanini-P. Caretti) - The Regions in the face of Community institutions (S. Carbone) - The EEC’s «Regional Policy»: problems and prospects for the Italian Regions (R. Nigido) - Problems and perspectives of the Italian Regions in relation to the new Regional Policy of the Community (V. Curzi) - The regions, EEC Directives and national legislation concerned with contracts in the public sector (comments on Decision No. 86 of 1979 of the Constitutional Court) (A. Bardusco) - Programming and control by the EEC Authorities of activities of the Regions (N. Ferrelli) - Activities of the Regions which have an international significance, and the Government’s interpretation of Art. 4 of Presidential Decree No. 616 (C. Morviducci) - The legislative and administrative activity of the Region on the absence of a national law laying down the basic principles (N. Parisi) - Institutional and political problems of the relations between the Regions and the EEC (F. Piodi) - Situation and prospects of the Workers Associations of the Central Alps (F. Lottersberger).
194. PUBLIC FAMILY COUNSELLING UNITS AT A TIME OF
INSTITUTIONAL AND SOCIAL CRISIS
I consultori familiari pubblici in un quadro di crisi istituzionale e sociale
Proceedings of the Study Conference held at Viterbo, 13th-14th October 1979, Organized by CNPDS under the auspices of the Italian National Research Council and in collaboration with the Municipality of Viterbo
No. 2, Collection «Studies and Research in Sociology of Law»
Ed. Giuffrè - Milan - 1981 - 472 pages
PRESENTATION
In the framework of the organization of the Conference on public family consultancies (Viterbo, 13th-14th October 1979), the CNPDS, with the scientific collaboration of the Institute of Philosophy and Sociology of Law of Milan University, set out to produce an informatory paper, as an instrument for further study and a bibliographic reference source, for the use of those attending the Conference as well as practitioners in the social welfare and public health services, civil servants and, in general, all those coming into contact with the problems of this consultative service. The analysis of the documentation led to the identification of clear and specific problems which are common in otherwise diversified territorial and political-economical situations. Thus, despite a social demand for services which varies by area and is connected to the degree of urbanization and consequent industrialization in that area, it was estimated that the concept of social security has developed and transformed to such an extent as to give rise, virtually throughout Italy, to requirements and demands, albeit with different characteristics, of a social-political nature, which call for policies and interventions that are very different from the traditional forms of welfare assistance.
CONTENTS
Basic Report: Introduction to problems emerging from the legislation and the first implementing measures on the consultancy services (V. Segre-N. Gridelli Velicogna) - Institution, territory and social demand: Historical and political features of Italian legislation on family counselling units (U. Pototschnig) - The family counselling unit as a social need (C.A. Moro) - Consultancy and family as emerging needs (P.P. Donati) - The consultant: a family need? (C. Saraceno) - Town and country: the regional framework for family counselling units in Lazio (L. Colombini) - Social policy of the region in regards to the counselling units (P. Peruzzotti) - The family counselling units in a metropolitan situation: the case of Milan (V. Tomeo) - Integration of maternity and child welfare services in the Milanese experience (C. Cuomo) - Private family counselling systems and territory: the experience of UCIPEM (A. Giambruno) - Professional quality of the practitioners - Typology of the demand - Inter-action between family counselling units and other services in the territory: Experiences of the application of Law No. 405 in Piedmont (C. Alessio) - The infancy circuit in the experience of the social balance-sheet of the area (D. Almici) - A practical problem for counselling units: the aged (M.A. Aveni Casucci) - Services, social control and permanent mass training: the case of the family counselling units (M. Bianchi) - Experiences of the training of family counselling units (A. Calori) - Psychological dimension of counselling unit (D. Foà) - Reflections on the training and professional capacity of the practitioners (D. Francescato) - Experiences of the creation of a family counselling unit: a year of work with the management committee (M.A. Fumagalli-S. Panzera-R. Tosi) - General considerations on the application of Law No. 194 of 22nd May 1978 in an industrialized part of the Milanese hinterland, in regard to 89 certificates issued (M.A. Fumagalli-S. Panzera-R. Tosi) - Consultative experiences at Pavia (A.E. Galeotti) - Minors and family counselling units (F. Giardina) - Publicity for the family counselling unit (M.P. Graziani) - For a methodology of training (M.C. Koch) - Experiences of fifteen years of family counselling units activity in Sicily (L. Minio) - A new figure as doctor for the consultant (S. Morano) - Observations in support of a research study on public family consultancies in the Milanese area (P. Ronfani) - The experience of the Centre of Family Research and Studies (G. Rossi) - The policy of family consultancy in the local unit (C. Trevisan) - Family counselling systems and demand for diagnostic-medical examinations (E. Turolla) - Reports on the first eighteen months’ activity of the consultancy service in the Commune of Turin (R. Volante - G. Colombero - C. Surra - C. Tibaldi) - The situation in Campania (T. Di Matteo) - Family counselling units in the Campania Region.
A research on attitudes, expectations and fears in the face of a new institution (M. Corsale) - Ideological neutrality of the consultants (U. Normando) - Gynaecology among consultants in the South (A. Ruggero) - Operating conditions (M.T. Altieri) - Family consultants and problems of the young (I. Baviera) - Family counselling units in Alto Adige (A. Emeri) - Functions of the family consultancy (V. Losito Baldasserini) - Concluding Round Table (V. Frosini-G. Battistacci-R. Bettini-A.M. Caruso-C. Coppola-M. Corsale-G. Dardanello-A. Emeri-G. Fuà-R. Lanza).
195. METROPOLITAN INDUSTRIAL SOCIETY AND THE PROBLEMS OF THE MILAN AREA
La società industriale metropolitana e i problemi dell’area milanese
Proceedings of the Study Conference held at Milan, Italy, 22nd-24th June 1979
Organized by CNPDS, the Lombardy Region, the Municipality of Milan and the Province of Milan
in collaboration with the Community of Social Research
Ed. Franco Angeli - Milan -1981 - 400 pages
PRESENTATlON
The Conference, whose Proceedings are set out in this Volume, was prompted by a research study on the problems of the metropolitan areas, relative to matters of administration and the nature of the social conflicts which arise there, producing new forms of deviancy. The theme is tackled within an overall perspective of Western society today.
CONTENTS
Features and trends of metropolitan industrial society: The dissociative effects of associative processes in a sharply differentiated society (L. Gallino) - Some considerations on modern cities and their future (G. Germani) - The concept of a complex society (G.E. Rusconi) - Some hypotheses on the situation in the South (G. Marselli) - Criticism of the idea of a uni-linear development (A. Cavalli) - On the concept of «industrial culture» (F. Barbano) - Under-development and modernization (A. Palazzo) - Addresses and debates (G. Braga, R. Vitali, R. Giovanelli, F. Alberoni, T. Tentori, A. Pizzorno, A. Ardigò, M. Campanella, P. Ceri, A. Cavalli, F. Barbano, A. Palazzo) - Old and new social conflicts: Forms and objectives of labour disputes (G. Baglioni) - Classes and social movements (F. Alberoni) - Particularization of social conflict? (M. Paci) - The myth of development and the crisis of the market as the culminating social moment (F. Ferrarotti) - Debate (P. Ortolani, G. Mongardini, E. Mingione, A. Ardigò, C.G. Rossetti, F. Crespi, G. Ragone, F. Alberoni, G. Ciampani, E. Baroni, M. Campanella, L. Gallino) - Consensus, deviance and social control: Sense, consent, dissent, social control, deviancy (A. Ardigò) - Cultural excess and social control (F. Rositi) - Consensus and legitimation in the Welfare State (V. Cesareo) - Debate (R. Treves, P. Donati, G. Ferrari, M. Marotta, G. Braga, R. Savarese, A. Cavalli, P. Ceri, G. Piazzi, G. Bechelloni, A. Ardigò, F. Rositi, V. Cesareo) - State and form of government in contemporary society: The pluralistic system of representation (A. Pizzorno) - Political administration, bureaucratic administration and administrative decentralization (F. Leonardi) - Public administration and the role of the State in the Italian political system: autonomy of the politician or privatization of the machinery of administration? (F. Ferraresi) - Debate (G. Ragone, R. Scartezzini, P. Carlotti, A. Baldissera, A. Pizzorno, G. Germani) - The problem of the metropolitan areas: the case of Milan (B. Secchi, G. De Rita, C. Tognoli, G. Martinotti, R. Guiducci, G. Cella, L. Balbo, G.
Fabris, A. Tosi, F. Ferraresi).
196. GROUPS OF COMPANIES AND CONSOLIDATED ACCOUNTS
Gruppo di società e bilancio consolidato di gruppo
Published with the support of the Italian National Research Council
No. 4, Collection «The Law of the European Communities: Problems and Trends»
Ed. Franco Angeli - Milan - 1981 - 179 pages
PRESENTATION
The subjects dealt with in the many studies contained in this Volume concern problems relating to the development of company undertakings in the present-day world. There is now no shortage of corporate groups, taking for a start, multi-national enterprises; also there is a tendency, fairly general in Italy and motivated by various opportunist possibilities, to fragment businesses into a multiplicity of minor units, all subsidiary to a single holding company; the system of State participation is widespread, in groups and sub-groups, the dubious scheme of «conglomerates» is on the increase, the so-called horizontal groups are also appearing. All this should induce the Italian legislator to reform an outdated legal framework indeed to bring in provisions to regulate these «new» juridical structures. In this setting, precisely because of the caution and slowness of domestic national legislations, the initiatives of the EEC seem providential, in pressing, with the Draft Seventh and Ninth Directives, for the promulgation of «harmonized» legislation which is equal to the situation in each of the systems of the Member States. The CNPDS brought together jurists and businessmen in a fruitful joint exercise, given the nature of the subject-matter, to examine carefully the regulation of groups and consolidated accounts, so contributing consciously to an up-dating of Italian scholars on Community moves in this field by examining all the Directives in force and those planned in the Companies field. From the debate there emerged new approaches which should also be of use to the delegates of the Italian Government in enabling them to operate effectively in the interests of Italy in the negotiations taking place within the Community.
CONTENTS
Company groups and consolidated accounts in the projected Seventh EEC Directive: The implementation of Community Directives in the Companies field within domestic legal systems (A. Santa Maria) - The projected Seventh Directive on Group Accounts (H. Niessen) - Concept of «Group» in the Draft EEC Directive and in the Italian legal system (P.G. Jaeger) - Verbal contributions: (A. Castagna-A. Cerrai-L. Barbiera-G. De Carolis-T. Treves-G. Minervini-M. Rus-A. Santa Maria-P. G. Jaeger) - Juridical and technical aspects of consolidated Group accounts: Foreword (G. Minervini) - Some technical considerations on the Draft Seventh Directive (L. Gerini) - Power of derogation by Member States from the Seventh Directive proposed by the EEC Council (L. Chiaraviglio) - Group financial information: Detail of current norms in the Italian system (O. Severgnini) - Technical aspects of the amended Draft Seventh Directive on consolidated Group accounts (M. Liguori) - Verbal contributions: (F. Denozza-G. Minervini-V. Salafia-P.G. Jaeger-I. Facchinetti-G. Pagliarini-G. De Carolis-L. Gerini-O. Severgnini-L. Chiaraviglio) - Documents: Seventh EEC Directive.
197. PENAL PROBLEMS OF BANKING LEGISLATION
Problemi penali della legislazione bancaria
Proceedings of the Study Conference held at Spoleto, Italy, 9th-11th May 1980
No. 13, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1981 - XVIII 240 pages
PRESENTATION
This subject, which presents special features both for the nature of the interests that are specifically protected, including Constitutional safeguards; and for the typification of the organizational structure and controls laid down by the law, was selected as the theme of the XIIIth de Nicola Conference, for the topicality of the problems demonstrated as a result of numerous episodes on contentious irregularities (and not only in formal terms) which have appeared as sure symptoms of an inadequacy of the normative system regulating the banking sector. The study of the boundaries between what is improper civilly and administratively on the one hand and what is unlawful under the Criminal Law on the other; the classification of the offence by reference to the public or private standing of the institution in question; the applicability of ordinary procedural norms in determining conduct classifiable as unlawful, with special attention to the protection of confidentiality; the interpretative controversies over the authority of the Bank of Italy in regard to notices, information and data on banking institutions subject to its social control: these are the particular questions which CNPDS put before the scholars attending, in order to stimulate a constructive debate not only de iure condito but also with a view to future reforms.
CONTENTS
Introductory Report (P. Nuvolone) - Reports: Content and limits of the audit by the judicial authorities of banking activities (E. Capaccioli) - Public credit institutions and private credit institutions under the Criminal Law (G.M. Flick) - Penal enquiries and distraints in relation to banks (M. Pisani) - Art. 10 of the Banking Law (F. Bricola) - Addresses: (G. De Carolis, G. Ferri, R. Bertoni, G. Minervini, T. Morlino, A. Dudan, P. Violante, G. Ruggiero, F. Mencarelli, M. Petrone, A. Lanzi, G. Pecorella, P. Pisa, C. Fiore, E. Capaccioli, G.D. Pisapia, G.M. Flick, F. Bricola, M. Pisani) - Summary Report (M. Gallo) - Conclusions (G. Antonelli, A. Beria di Argentine, G.D. Pisapia).
198. MAX WEBER AND THE LAW
Max Weber e il diritto
By S. Andrini, N. Bobbio, A. Bruno, L. Capogrossi Colognesi, G. Eisermann, A. Febbrajo, A. E. Galeotti, G. Merola, P.P. Portinaro, P. Rossi, P. Schiera, S. Segre, R. Treves, G. Zaccaria
Edited by Renato Treves
Proceedings of the Study Conference held at Castelgandolfo, Italy, 17th-19th October 1980
Organized by CNPDS with the support of the Italian National Research Council
No. 5, Collection of Sociology of Law
Ed. Franco Angeli -.Milan - 1981 - 266 pages
PRESENTATION
The relationships between law and society were widely studied by Max Weber in all his vast output, beginning with his writings as a young man on the commercial companies in the Middle Ages and on Roman agrarian history and leading up to the works of his maturity. Jurists and sociologists interested in such relationships, especially those concerned with sociology of law, divided by different experiences and trends but hoping to find a true identity for their subject, are deeply conscious at the present time of the need once again to study the work of Weber, seeing it not so much as the goal, but as the starting-point for their own future endeavours. In those works they will find an analysis and examination of two classes of problem which currently exercise sociology of law: on the one hand, those dealing with the doctrines of jurists, who, moving on from law to the science of law, seek to open out its perspective towards society; on the other hand, those dealing with the doctrines of sociologists, who, moving from the study of society and its constituent elements, seek to determine the position occupied in it by the juridical phenomenon and the role that it fulfils. The essays contained in this Volume deal specifically with these problems.
CONTENTS
Max Weber and sociology of law today (R. Treves) - The process of rational-izing the law and relationship to the economy (P. Rossi) - Capitalism, the modern State and rational-formal law (A. Febbrajo) - Max Weber, the sociology of bureaucracy and the modern State (G. Eisermann) - Max Weber and German juridical science of the Nineteenth Century (P. Schiera) - Roman and German-based models in Max Weber’s studies of Roman agrarian history (L. Capogrossi Colognesi) - Max Weber and Hans Kelsen (N. Bobbio) - Max Weber and Carl Schmitt (P.P. Portinaro) - Natural Law foundations of democracy according to Max Weber (S. Segre) - Rationality, formalism, law: reflections on Max Weber (G. Zaccaria) - Economy and law in Max Weber (A. Bruno) - Order and ordinariness: juridical norms and rules of social action in Max Weber (A.E. Galeotti) - The city of the West: notes on the relationship between law and power in Max Weber (S. Andrini) - Max Weber in recent English sociology of law (G. Merola).
199. IMPLEMENTATION OF THE LAW AND SCIENTIFIC RESEARCH IN ITALY
Attuazione del diritto e ricerca scientifica in Italia
Edited by G.M. Bertin and G. Martinoli
published with the support of the Italian National Research Council
Ed. Giuffrè - Milan - 1981 - XII 263 pages
PRESENTATION
The Scientific Council of the Centro Nazionale di Prevenzione e Difesa Sociale since 1974, in its usual survey of Bills and reform proposals presented to the two Chambers of Parliament, turned its attention to proposals affecting the development and organization of scientific research in Italy.
Critical notes and observations on some of the Bills whose discussion in Parliament seemed imminent, were thus communicated by the Council to the interested political parties. The political vicissitudes which have beset the life of Parliament in recent years, did not permit the problems of scientific research to
assume sufficient importance for Parliament to devote detailed consideration to them. Consequently the theme of the promotion and organization of pure and applied scientific research in Italy, along with the idea of appointing a Minister to deal with it - albeit such a concept seems more stimulating for the politicians - has until now been placed on one side by the legislators. This Volume covers the results of the research and studies on this specific theme, attempting to evaluate the degree of compliance (if any) of prevailing legislation in Italy to the needs of scientific and technological research and their development, and recognizing that the role of research, while always important and influential in society, is particularly so in our’s in its situation of rapid transformation. Three years of thought, studies and research have permitted the collection and accumulation of copious materials, even if they are not all entirely homogenous nor always perfectly pertinent to the theme or, on the other hand, surpass the limits devised for the work. Nevertheless, some points have been entirely neglected or not given the detailed examination that they merit.
CONTENTS
Implementation of the law and scientific research in Italy - Results of a study (G. Martinoli) - Scientific research: generalities - Institutions for scientific research in Italy - The Laws - Institutional background - Criticism of the institutions - Appendix: List of the principal Laws dealing with scientific research in Italy - On some deficiencies of research in Italy: Public opinion and research - The ruling class - Lost opportunity - Misguided endeavours - Cultural crudity of political forces - Political framework for scientific research in Italy - Necessary (but not, alone, sufficient) conditions for the development of scientific research: How research is begun - Research as investment - Stimuli to research - On a possible Minister for Research: Role of research personnel - Legal provisions and comments on research - Two critical contributions (by G.M. Bertin and G. Martinoli) - University research and the Presidential Decree No. 382 (Summary of an enquiry by G.M. Bertin and G. Balduzzi) - Methodology of the study: questionnaire - Summary of replies to the questionnaire - Principal defects of the legal situation prior to the Presidential Decree No. 382 - Programming and coordination - Financing - The research doctorate - Negative and positive aspects of the Presidential Decree No. 382 - Programming and coordination - Financing - The research doctorate - Texts of the replies of lecturers who were approached - Influence of the Law of the «para-State» on the functioning of public research bodies (G. Martinoli): Further characteristics of research personnel - The profession of researcher - Laws and scientific research - Management of research activities - Participation in research activities - Concept of trust and need for control - Open questions on problems of research - Public research undertakings and the Law of the Para-State - Appendix: The researches of the public research bodies in Italy (P. Fazio) - Juridical status of the public researcher - Researchers in the public research undertakings - Researchers on the strength of the para-State, of the Higher Institute of Health, of public undertakings - Cognitive study on the personnel of the public research undertakings: Presentation of the study - Training itinerary of the researchers - Commencement of research activities - Inclusion of the research activities - Features of the terms of employment - Autonomy of the researcher - Expectations of professional advancement - Judgements on research in the sector - Interviews with those responsible for the distribution of the questionnaires - Critical summary of the replies to the questionnaires that were distributed - Seminar on scientific research in the University: Report on the Seminar on «Scientific Research in the University: problems and legislative trends» - Basic Report on the Seminar (G. M. Bertin): The situation - Nature and objectives of university research - The reorganization of university research - Financing - Critical comments of some lecturers on the basic Report (G. M . Bertin): Complete texts of the critical observations on the basic Report by the lecturers who were approached - Notes, points for consideration and comments on the basic Report of the Seminar (G. Martinoli): The situation - Nature and objectives of university research. Social productivity of the research - The reorganization of university research. Financing - Autonomy of research and university autonomy - Introduction to the Seminar (G.M. Bertin) - Summary of the work of the Seminar on university research (G. Balduzzi).
200. CITIES AND CRIMINALITY
La ville et la criminalité
General Reports and Summaries of individual contributions to the Xth International Congress on Social Defence - Salonika, Greece, 28th September-2nd October 1981
Published in French and English
Milan - 1981 -148 and 139 pages
PRESENTATION
This Volume, preparatory for the Xth International Congress on Social Defence, contains the General Reports on the criminological, sociological and juridical aspects of the general theme and Summaries of the individual and group Reports.
CONTENTS
General Reports: General Report on the criminological aspects (D. McClintock) - General Report on the sociological aspects (R. Screvens) - General Report on the juridical aspects (I. Manoledakis) - Summaries of national and individual Reports: The distribution of criminal offences in Greek cities - Statistical information (S. Anagnostakis - Greece) - Criminal deviation in connection with the domestic environment: town or country criminality (M. Andreanakis - Greece) - The city and crime within a dependant country - The case of Cordoba (R.A. Avila - Argentina) - The destruction of Salonika (1917): The urban crime of the century (S. Chaneles - USA) - Crime in the South African urban setting (M. G.T. Cloete - South Africa) - Development crime prevention and criminal justice (P.R. David - USA) - History of criminal offences in Caracas (E. Gomez Grillo - Venezuela) - The city and criminality (Belgian national Group) - Organizational systems precipitating the abuse of economic special opportunities in modern societies (P. Horoszowski - USA) - City and criminality: A Report on the development in the German Federal Republic (D. Keim - German Federal Republic) - Urban planning, architecture and crime prevention (E. Kube - German Federal Republic) - «Work» marginality and aspects of young persons’ behaviour (A. Lasser - Venezuela) - Social marginality and deviant behaviour (R. Lucchini - Switzerland) - Social class and crime in an adoption cohort (S.A. Mednick and others - USA and Denmark) - Juvenile delinquency in Hungarian cities (J. Molnar - Hungary) - Problems of urban criminality in Japan (I. Morishita - Japan) - The processes of urbanization and industrialization as factors affecting crime and delinquency in Poland (A. Moschiskier - Poland) - Legal measures to improve social control in urban society (I. Poenaru - Rumania) - Cities and criminality (G. Racz - Hungary) - Crime, urbanism and national development (G. Rahav - S. Jaamdar - Israel and India) - Urbanism and criminality (L. Rodriguez Manzanera - Mexico) - Criminality in the great centres (R. Screvens - Belgium) - Social problems and criminality in the metropolitan area of Tel Aviv (D. Soen - Israel) - Cities and criminality (A. Tsitsoura - Council of Europe) - Drug problems in Amsterdam, Bremen and Glasgow (N. Uildriks - Netherlands) - Present state of urban crimes in Japan and problems peculiar to such crimes (S. Usui - Japan) - Urban patterns. Crime in Indian cities (R. Venugopal - India) - Urban crime and crime problems of urbanization in Hungary (J. Vigh - Hungary) - Social control in new housing estates (J. Wodz - Poland) - The city as the cause for the creation of special criminal laws (V. Zissiadis -Greece).
201. CITIES AND CRIMINALITY
La ville et la criminalité
Report presented by CNPDS and by the Ministry of Justice of Italy in collaboration with the Provincial Administration of Milan to the Xth International Congress on Social Defence - Salonika, Greece, 28th September - 2nd October 1981
Published in French
Milan -1981 - 92 pages
PRESENTATION
The present Volume adds to and completes the materials referred to in entry No. 200, insofar as it contains the Report of the Ministry of Justice of Italy to the Xth International Congress on Social Defence. This study, to which the Provincial Administration of Milan also contributed, deals, inter alia, with the range of problems arising from the phenomenology concerning the negative effects among adolescents of the so-called «second generation» town-dwelling families in the context of a period of significant social-cultural and economic transformations, which, from the point of view of social integration, have had a profoundly destabilising influence. Moreover, in Italy, as well as a criminality «induced» by the urban environment, there has been an importation, from the rural to the city setting, of various types of criminal behaviours (such as kidnappings, for instance). Moreover, the complex of migratory movements has had a decisive influence in the context of organized crime (Mafia, Camorra, etc. have extended to become a threat to society collectively). In the Report presented in this Volume, there is an analysis of the transformations of criminality
mentioned above, together with suggestions for a normative and organizational system that could be more effective in preventing and controlling such forms of criminality.
CONTENTS
Foreword (G. di Gennaro) - Juridical aspects (L. Cesaris - P. Corso - E. Dolcini-V. Grevi - S. Larizza - A. Lo Surdo - G. Romeo - L. Rubini - C. Sarzana) - Criminological aspects (E. Calvanese - G. Canepa - A. Gazzola - G. Ponti) - Sociological aspects (M. Dau) - Social-political aspects (A. Beria di Argentine - A. Malagugini - S. Negrelli - E. Resta) - Economic aspects (L. Campiglio).
202. GENERAL PROBLEMS OF CRIMINAL LAW: REFORM PROPOSALS
Problemi generali di diritto penale: contributo alla riforma
Presentation by Giuliano Vassalli
Published with the support of the Italian National Research Council
Ed. Giuffrè - Milan - 1982 - VII 434 pages
PRESENTATION
This Volume contains the first results of the Research (*) which, in 1977, the Italian National Research Council resolved to entrust to the Centro, aimed at establishing a programme of research and studies on the problems of carrying out and reforming the law in Italy. For Criminal Law, the research project concentrated on the subject «The reform of the General Part of the Penal Code».
Despite the breadth of the theme and the vast number of problems it encountered, this endeavour could not fail, at the time it was set in motion, to be considered opportune. The reform of the 1930 Penal Code, which had been in existence for some fifty years and was stagnant in every sense, was long overdue. There had been no more talk of an empowering Law since the indications, albeit extremely generalized, contained in a Government Bill in 1963 on all the Codes but subsequently withdrawn, without Parliament having ever resumed consideration of it. An organic contribution of Criminal Law scholars to the reform movement, in particular dissociated from incidental events and from reference to projects already presented or about to be examined, became more than ever necessary. Thus the research programme had this specific first objective, which also coincided with the wish expressed by a Conference of teachers of Criminal Law held in 1975 at Urbino University.
CONTENTS
Presentation (G. Vassalli) - Final Report (V. Zagrebelsky) - Informative study enquiry among Criminal Law scholars: Towards a new Penal Code (G. Bettiol) - A Penal Code to be reformed? Brief considerations on the question of violence in crime and discretionary powers of the judge (P. De Felice) - Principle of typicality and the «realistic concept of crime» (C. Fiore) - The problem of evidence in crime in the prospects of reform of the Penal Code (F. Mantovani) - On a realistic concept (E. Morselli) - The reform of the General Part of the Penal Code, the principle of harmfulness and relations with the Special Part (G. Neppi Modona) - Proposals for a technical revision of the first Book of the Penal Code (M. Boscarelli) - On the reform of the General Part of the Penal Code (U. Giuliani Balestrino) - General Part and Special Part of the Penal Code: Brief comments on the Research Project (C.F. Grosso) - The reform of Art. 110 of the Italian Penal Code. Introductory considerations (L. Monaco) - On the admission of guilt by the accused (G. Spagnolo) - On the problem of modifying the system of security measures (I. Caraccioli) - Regulation of making the sanction proportionate to the crime: notes for reform measures (E. Dolcini) - On the reform of the system of penal sanctions (L. Durigato) - On sanctions, penalties and security measures (A. Marucci) - Security measures and degrees of danger: Outlines for a reform (E. Musco) - Fines and associated problems in a reform perspective (F. Molinari) - Sanctions not depriving the offender of his freedom, or only partially doing so (other than fines and injunctions) (T. Padovani) - Double range, by decree, of sanctions and proportionate penalties in the context of general prevention (A. Pagliaro) - Supplementary penalties and injunctions in the reform of the Penal Code (F.C. Palazzo) - From objective responsibility to guilt responsibility: experiences in Germany on offences classified according to the circumstances (E. Dolcini) - Comparative Law. Organization of reform work. Choices of criminal police - Criminal responsibility (A. Malinverni) - The main innovations in the systems of penal sanctions in countries of continental Europe (P. Nuvolone-A. Lanzi) - The legitimate defence (R. Bertoni) - Study on the first application of Art. 81 of the Penal Code by the Turin Tribunal after the 1974 reform (G. Sandrelli) - Content and lines of development of decided cases concerning penal sanctions (P.A. Sirena) - Content and lines of development of decided cases on the relations between criminal liability for the typical act and degree of injury caused (V. Zagrebelsky).
(*) The research was directed by Professor G. Vassalli.
203. ECONOMIC CRIMINALITY AND PUBLIC OPINION
Criminalità economica e pubblica opinione
Edited by Giuseppe di Gennaro and Cesare Pedrazzi
Contributions by D. Cortellessa and G. di Gennaro, with the collaboration of M. Bonomo, G. Marotta, F. Viceconte and the Istituto Doxa
Research by CNPDS undertaken with the support of the Italian National Research Council
No. 6, Collection of Sociology of Law
Ed. Franco Angeli - Milan - 1982 - 156 pages
PRESENTATION
On the basis of an analysis and classification of the numerous scientific contributions to the subject, this Research study concentrates on the «definition» aspect of economic criminality, as propaedeutic to a field study exercise in the form of a public survey (by means of questionnaire) followed by an interpretation of its results. From the analysis of the (predominantly foreign) literature on the subject, proposals have been gathered for the compilation of instruments to study the attitudes and opinions of people in Italy. The ultimate purpose of this is to provide a concrete base for socio-criminological and juridical research and to establish unequivocal objectives for the promotion of democratic legislation on the subject.
CONTENTS
Presentation (C. Pedrazzi) - Introduction (G. di Gennaro) - Economic criminality in international literature (G. di Gennaro): Proposition of the subjectmatter - The work of Sutherland - First critical reformulation of the definition of «white-collar crime» to «economic crime» - Recent definitions of economic crime - Methodology of presentation of definition elements - Attitudes of Italian adults towards certain unlawful forms of conduct: The Doxa study - Elaboration of the Doxa study (D. Cortellessa): Unlawful behaviour and the problems in general. Percentual distribution of the replies - Expectations of a judicial sanction - Social disapproval - Attitudes not incurring disapproval - Average judgements - Italian population aged 15 and above - Classification of forms of behaviour - Attitude of those interviewed towards unlawful forms of behaviour, as seen in the maximum, high-average, low-average and minimum expectations of a judicial sanction.
204. CITIES AND CRIMINALITY
La ville et la criminalité
Proceedings of the Xth International Congress on Social Defence, published with the support of the Municipality of Milan
Salonika, Greece, 28th September - 2nd October 1981
Published in French and English
Milan - 1983
PRESENTATION
This Volume completes the work contained in the two preceding ones (see entries Nos. 200 and 201) setting out the Proceedings of the Xth International Congress on Social Defence. The Congress may stand out as a symbol of the vitality of the International Society of Social Defence, as well as showing the fertility of a genuine «penal philosophy» demonstrated by the new social defence since as far back as 1947. The theme of the Congress prompted comments and debates and tackled the problem of man at odds with the megalopolis, such as marginalization and the process of criminalization, with regard to which the town assumes specifically the role of privileged reference-point.
CONTENTS
Preface (M. Ancel) - Opening Session: Contributions (M. Papadopoulos, G. Stergiadis, N. Christoulas, C. Colocotronis, A. Tsitsoura, T. Asuni, S. Rangas, M. Ancel, C. Tognoli, C. Vouyoucas) - General Reports: General Report on criminological aspects (D. McClintock) - General Report on sociological aspects (R. Screvens) - General Report on juridical aspects (G. Manoledakis) - Debates on the criminological, sociological and juridical aspects - General Debate - Summary Report (G.D. Pisapia) - Closing Session: Contributions (C. Vouyoucas, T. Philippides, A. Beria di Argentine, P. Bouzat, H. Röstad, D. Szabo, E. Vetere, M. Ancel) - Appendix: National Reports (Belgium, France, Italy, Switzerland, USSR, Venezuela).
205. MALFUNCTIONS IN THE PENAL PROCESS AND THE DEFENCE OF SOCIETY: INTERIM MEASURES
Disfunzioni del processo penale e difesa della società: i provvedimenti provvisori
Proceedings of the Study Conference held at Catania, 30th April-2nd May 1982 No. 14, Collection of Study Conferences «Enrico de Nicola - Current Problems Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1983 - XVIII 322 pages
PRESENTATION
With the constant prolongation of the time taken by criminal proceedings, interim measures – remand in custody, other restrictions of personal liberty of various kinds, interim application of supplementary penalties or security measures, arrest and detention – are assuming the guise of real anticipatory sanctions. Thus, criminal proceedings, as an instrument, is becoming, if not the objective, the main preoccupation. Roles are being reversed and, paradoxically, Criminal Procedural Law is taking the place of Criminal Law in the fulfilment of the repressive role. But a criminal process which is being transformed into an anticipatory sanction is a phenomenon of pure authoritarianism and thus remains extraneous to Criminal Procedural Law, regressing to simple procedure, a mere series of formalities insensitive to every sort of value-standard. Consequently, there is an increasingly urgent need for radical changes of structure and approach.
CONTENTS
Introductory Report (G. D. Pisapia) - Remand in custody and social defence in the political-legislative approach to the emergency (V. Grevi) - Remand in custody in the difficult and tortuous reform process (M. Chiavario) - Old and new absurdities in relation to the anticipatory application of measures of security (G. Tranchina) - Interim application of supplementary measures (P. Pisa) - From detention in the course of investigation to preventive custody: new dimensions of «real coercion» in practice and jurisprudence (E. Amodio) - A prospect of recovery: criminal seizure as confiscation (A.A. Dalia) - Debate (D. Siracusano - A. Malinverni - P. Moscarini - G. Gennaro - B. Pellinga - P. Tonini - R. Palmieri - A. Malagugini - G. Illuminati - G. Di Trocchio - V. Zappalà - A. Scaglione - L. Rubini - A. Gaito - A. Pennisi - E. Marzaduri - R.E. Kostoris - E. D’Angelo - O. Lo Re - P. Balducci - V. Vitale - G. D’Angelo - A. Condorelli - L. Russo - G. Salvini - P. Corso) - Round Table: Interim measures in the criminal process: trends in decided cases and problems of application (N. Florio - A. Galati - R. Papa - V. Cavallari - L. Seminara - F. Pintus) - Conclusions (G. Conso).
206. INDUSTRIAL DEMOCRACY AND SHAREHOLDERS’ DEMOCRACY IN EEC DIRECTIVES
Democrazia industriale e democrazia azionaria nelle direttive comunitarie
Essays by Fabrizio Barbaso, Joachim Bonell, Aldo Cessari, Piergaetano Marchetti, Luigi Mengoni and Antonio Carlo Mimola
Published with the support of the National Research Council
No. 5, Collection «The Law of the European Communities: Problems and Trends»
Ed. Franco Angeli - Milan - 1983 - 118 pages
PRESENTATION
Industrial democracy and shareholders’ (or members’) democracy are two important themes in Labour Law and Company Law which the European Communities have been striving to tackle for many years despite the resistance put up by a number of Member-States. Among the most important manifestations of EEC initiatives have been the various Draft Fifth Directives on the structure of limited companies and workers participation, giving rise to the controversial question of co-partnership in management, and the recent Draft Directive on provision of information and consultation with workers employed in multi-national undertakings («Vredeling»). The studies collected here analyse the
problems arising from these Community initiatives, putting forwards also the implications for Italian Law in the broad perspective of the development of
industrial relations and Company Law.
CONTENTS
Industrial democracy in the Draft Fifth Directive on the structure of limited companies and workers’ participation (F. Barbaso) - The rights to information and consultation of workers in the Draft EEC Directive (L. Mengoni) - On the trasformation of business undertakings and industrial democracy (A. Cessari) - Industrial democracy and Company Law in EEC legislation (J. Bonell) - Shareholders’ democracy relative to Draft EEC Directives (P. G. Marchetti) - The Fifth Directive: a possible dialogue between Company Law and Labour Law (A.C. Mimola) - Appendix: Draft Directive on information and consultation of workers employed in business undertakings with complex structures, especially transnational structures, presented by the Commission to the EEC Council on 24th October 1980.
207. THE ACCOUNTS OF BANKING INSTITUTIONS AND THE DRAFT FOURTH EEC DIRECTIVE
I bilanci delle banche e la proposta di IV direttiva comunitaria
Proceedings of the Conference held at Venice, Italy, 5th-6th March 1982 and organized by CNPDS in collaboration with Ca’ Foscari University. Published with the support of the Italian National Research Council
No. 6, Collection «The Law of the European Communities: Problems and Trends»
Ed. Franco Angeli - Milan - 1983 - 286 pages
PRESENTATION
The problems of banks’ accounts, relative to the Draft Fourth EEC Directive, are examined here from their technical aspects (structures and processes of valuation in accounts of banks) and their juridical aspects (with special attention to the autonomy of national legislation in the face of EEC Directive). This Volume, additionally, analyses the Draft Directive on Banks’ Annual Accounts and discusses questions of exchange-rate variations and accounting treatment of expenses, assets and credits in foreign currencies.
CONTENTS
The structure of banks’ balance sheets (M. Cattaneo): Significance and limitations in compiling annual accounts in banking undertakings - The «true and accurate statement» of the state of the business and the aims of annual accounts - Information in the accounts - Those to whom the accounts are addressed, quality and quantity of information in the accounts - Accounts of banks in the sphere of public interest - The regulation of banks’ accounts - Interventions by the Bank of Italy - The limitations of banks’ accounts: the profit and loss account - The limitations of banks’ accounts: the balance-sheet - Indications in the «Draft Fourth Directive on Banks» - The valuation process in banks’ accounts (T. Bianchi) - The Draft Fourth Directive on Banks and the information required by banking analysts (G. Brunetti) - Autonomy of national legislation and EEC Directives in the banking field (C. Fois) - The underlying aims of the Draft EEC Directive on banks’ accounts (G.E. Colombo) - The Fourth Companies Directive and the Draft Directive on the accounts of banking institutions - General principles of the Fourth Directive applicable to banks’ accounts - The structure of the balance-sheet - The structure of the profit and loss account and the «authorized compensation» under Art. 29, paras. 8, 9, 34 and 35 - The rules for valuation in the Fourth Directive as applied to banks - The rules for valuation of Arts. 36 and 38 of the Draft Directive - Art. 37 of the Draft Directive as a norm permitting the establishment of hidden reserves - The Draft Directive on annual accounts of banks (P. Clarotti) - Assets and credits in foreign currencies in banks’ accounts (M. Casella) - Art. 38 of the Draft Directive of 19th March 1981 - Liquid funds and debts and credits in foreign currencies and the accounts of Italian banking institutions - The principle of consistency and variations in exchange-rates - Audit of contingent assets and provisions for future liabilities - Variations of exchange-rates and the principle of consistency in general - Difference between the accounting treatment of costs and the determination of contingent assets; certainty and definability - The accounts of banking institutions: a special or privileged case? (S. Fortunato) - Discussion (E. Cavalieri - A. Pesce - P. Rossi) - Replies of those presenting papers (M. Cattaneo - T. Bianchi - G.E. Colombo) - Summary Report (L. Chiaraviglio) - Appendix: Documents.
208. TOWARDS AN EEC REGULATION OF CONTRACT LAW
Verso una disciplina comunitaria della legge applicabile ai contratti
Proceedings of the Study Conference held at Genoa, Italy, 21st-22nd May 1982 organized by CNPDS, the Institute of International Law of Genoa University, the Review of International Private and Procedural Law, the Italian Office of the EEC Commission and the Chamber of Commerce, Industry and Crafts of Genoa
Edited by Tullio Treves
Essays by Francesco Capotorti, Mario Giuliano, Guido Alpa, Francesco Berlingieri, Franco Bonelli, Laura Forlati Picchio, Andrea Giardina, Riccardo Luzzatto, Paolo Mengozzi, Franco Mosconi, Giulio Partesotti, Fausto Pocar, Luca Radicati di Brozolo, Gustavo Romanelli, Giorgio Sacerdoti, Tullio Treves, Ugo Villani, Enrico Zanelli
Collection of «Studies and publications of the Review of International Private and Procedural Law»
Ed. Cedam - Padua- 1983
PRESENTATION
The Conference, whose Proceedings are collected in this Volume, examined the juridical situation which arose in the Member-States of the EEC as a result of the Rome Convention of 19th June 1980 on Conflicts of Laws in the field of Contract. This Convention, considered by many as a «natural complement» to the 1968 Brussels Convention on jurisdiction and the execution of judgements, has also an important meaning as the «entry-card» to that «common juridical space» whose need is felt by the EEC Member-States and internationalists of other countries as the background for a developing process of European integration.
CONTENTS
Presentation (F. Capotorti) - Introductory observations (M. Giuliano) - General problems: Intention of the parties, typical consideration and most important connecting factors (A. Giardina) - Imperative norms and those of necessary application (T. Treves) - The Rome Convention and recent American theories on Conflicts of Laws (F. Mosconi) - Interpretation of the Convention and the problem of the jurisdiction of the Court of Justice of the European Communities (R. Luzzatto) - Relationship to other Conventions and to the norms of EEC Law (G. Sacerdoti) - Banking contracts: The proper law of banking operations according to the EEC Convention of 19th June 1980 (L. Radicati di Brozolo) - The Rome Convention of 19th June 1980 and the law to be applied to banking operations (F. Bonelli) - Insurance and reinsurance contracts: The law to be applied to insurance contracts (L. Forlati Picchio) - The «localization» of the insured risk according to Italian law (G. Partesotti) - The Rome Convention of 19th June 1980 and the insurance business (E. Zanelli) - Transport contracts: Transport contracts in general (P. Mengozzi) - Transport by air and on land in relation to the 1980 Convention of the law to be applied (G. Romanelli) - The Rome Convention on the proper law of contractual obligations and transport by sea (F. Berlingieri) - Contracts of employment: Contracts on employment (U. Villani) Consumer contracts: Consumer contracts (F. Pocar) - Consumer protection in the European Convention on the law applicable to contractual obligations (G. Alpa) - Appendix: Text of the Convention on the proper law of contractual obligations, signed at Rome on 19th June 1980 - Report on the Convention relative to the proper law of contractual obligations (M. Giuliano and P. Lagarde).
209. TOWARDS THE ORIGINS OF SOCIOLOGY OF LAW
Alle origini della sociologia del diritto
By Mario Bretone, Eva Cantarella, Luigi Capogrossi Colognesi, Alberto Febbrajo, Sally C. Humphreys, Mario G. Losano, Pio Marconi, Arnaldo Momigliano, Riccardo Orestano, Francesco Remotti, Eligio Resta, Aldo Schiavone, Giovanni Tarello, Vincenzo Tomeo and Renato Treves
Edited by Renato Treves
Proceedings of the Study Days on «The study of ancient laws and the origins of sociology of law» (Castelgandolfo, Italy, 12th-14th February 1982)
Organized by CNPDS in collaboration with the Institute of Philosophy and Sociology of Law of Milan University, with the support of the National Research Council
No. 8, Collection of Sociology of Law
Ed. Franco Angeli - Milan - 1983
PRESENTATION
Between the second half of the Nineteenth Century and the start of the Twentieth, students of ancient laws and institutions, and in particular the Romanists, have fulfilled a decisive role not only within the confines of their disciplines but also in laying down the bases for a sociological (and anthropological) consideration of the law. The contributions collected in this Volume aim to highlight some of the complex relationships in this period linking the historical-juridical tradition of Europe, as it emerges from the crisis of the German school, and the formation of an interpretation of the law in a sociological and anthropological key. In fact they analyse these relationships in various cultural contexts (e.g. France, England, Germany) and focus on the rise of the theory of «living law». Finally, they endeavour to answer a question which is to be found today in various disciplines: to what extent may the instruments of research and interpretation worked out in that period be used today, and what methods of analysis may be elaborated through reference to that example, which was historically so fertile, of interdisciplinary co-operation between scholars of law, sociologists and anthropologists.
CONTENTS
The study of ancient laws and the origin of sociology of law in Italy (R. Treves) - Idea of progress, Roman juridical experience and «palaeo-Romanistic» experience (R. Orestano) - Fustel de Coulanges and recent research on Ancient Rome (A. Momigliano) - Fustel de Coulanges and Greek «genos» (S.C. Humphreys) - E. Durkheim and H.S. Maine (P. Marconi) - «Ancient Law» and «Primitive Marriage»: a page of the history of primitive institutions in Victorian England (L. Capogrossi Colognesi) - Lewis H. Morgan and the study of ancient society (F. Remotti) - J.J. Bachofen between the history of Roman Law and Social Sciences (E. Cantarella) - E. Ehrlich: from liberal law to living law (A. Febbrajo) - The later historical school and the decline of juridical historicism in German culture of the Nineteenth Century (A. Schiavone) - Gossip concerning a Romanist (M.G. Losano) - Roman between the «history of dogmas» and social history (M. Bretone) - Appendix: The current relevance of Nineteenth Century perspectives (E. Resta, G. Tarello, V. Tomeo) - Further notes on the origins of sociology of law in Italy (R. Treves).
210. SOCIAL-JURIDICAL ASPECTS OF FAMILY-PLANNING IN CERTAIN EUROPEAN COUNTRIES AND ELSEWHERE
Aspetti socio-giuridici del family-planning in alcuni paesi europei ed extra-europei
Edited by Vera Segre and Nella Gridelli Velicogna
A CNPDS research study undertaken with the support of the International
National Research Council
No. 3, Collection «Studies and Research in Sociology of Law»
Ed. Giuffrè - Milan - 1983
PRESENTATION
This Volume collects together 20 essays, which examine the evolution of family-planning in various European and other countries, from the sociological-juridical standpoint. From the comparison, made even more difficult by the lack of homogeneity of the data, one can see how problems of protecting the family children and working women are deeply felt, not only in public opinion but on the legislative plane, albeit to varying degrees according to the particular social-political moment in which the country being studied finds itself, this makes a comparison with the position in Italy today especially useful.
CONTENTS
Introduction (V. Segre and N. Gridelli Velicogna) - Planning and assistance to the family in the Republic of Argentina (P.R. David, G. Saucedo, L. Rivas, M. Cuestas) - Family planning and family consultancies in Austria (J.J. Hagen) - Family-planning consultancy in Brazil (C. and S. Souto) - A research on consultancies on the family, birth-control and termination of pregnancy in Czechoslovakia (M. Kopecká) - Family-planning policy in Egypt up to 1977 (M.C. Calabrese) - Voluntary termination of pregnancy in certain EEC countries (V.
Segre) - Public family consultancies in France (R. Dhoquoi, J.J. Bocquet) - Voluntary abortion in Ghana (W. Bleek) - Legalised abortion in Great Britain (M. Simms) - Family-planning in Greece (F. Skorini-Parrijpolou) - The new social role of public consultancies with respect to marriage and family problems in Jugoslavia (M. Mladenovic´) - The situation on the termination of pregnancy in Luxembourg (M.P. Molitor Peffer) - Abortion and society in Mexico (J.A. Herrera Moro) - The position on abortion in Spain (V. Segre) - Data on family consultancies in Romania (S. Popescu) - Juridical protection and social assistance to the family in Poland (J. Kwasniewski and A. Kojder) - Family policy and public family consultancies in Sweden (A. Cottino and U. Drugge) - Consultancies and voluntary termination of pregnancy in Switzerland (V. Segre) - The situation of social-health and educative services in Hungary (M. Lehoczky and A. Sajó) - Family-planning services in Venezuela (A. Lasser).
211. ANNOTATED CATALOGUE OF THE WORKS 1948/1983 PUBLISHED BY THE CENTRO NAZIONALE DI PREVENZIONE E DIFESA SOCIALE
Catalogo ragionato delle pubblicazioni 1948/1983 del Centro nazionale di prevenzione e difesa sociale
Published in Italian and English
Milan - 1983 - 237 and 179 pages
PRESENTATION
To mark the 35th anniversary since its foundation, the Centro Nazionale di Prevenzione e Difesa Sociale published a catalogue of the works produced within the various disciplines, over the period 1948 (when it was founded)
to 1983, seeking thereby to demonstrate its range of scientific research and
studies in the fields of civil law, criminal law, civil and criminal procedure, juvenile law, public law, international law and comparative law, as well as in the general theory of law, sociology of law, educational science, psychology, criminology and social welfare and security. Many of the works, assembled in appropriate collections, reflect the outcome of national and international Congresses and individual studies and research in the scientific, sociological and juridical fields. In the “Preface” an outline was given of the background for the scientific studies which have characterized the work of the Commissions forming part of the Centro over nearly forty years, with an indication of the methodology of the cataloguing of the works, according to the chronological order and subject-matter of the materials.
CONTENTS
The work was promoted and co-ordinated by the Scientific Consultancy of the Centro Nazionale di Prevenzione e Difesa Sociale-CNPDS and executed by its Study Office.
Preface - Catalogue in chronological order - Catalogue according to subject-matter - Periodicals published by CNPDS - Officers and Management of CNPDS.
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