212. CITIES AND CRIMINALITY

Città e criminalità

Research by CNPDS on the relationship between criminality, social control and participation, edited by Giacomo Canepa and Tullio Bandini

Published with the support of the Municipality of Milan

No. 9, Collection of Sociology of Law

Ed. Franco Angeli - Milan - 1983 - 103 pages

 

PRESENTATION

This Volume deals with the problem of the connections between cities and criminality, in the light of sociological theories concerned with the processes of urbanization and criminological theories concentrating on the urban environment and process of social control. The criminal phenomenon is frequently linked with the development and characteristics of large cities, whose occupants’ social lives are often restricted through a fear of falling victim to serious crimes. Therefore, it is the cities that need to be analyzed in order to identify the problems, tensions and conflicts which they contain and to understand the control mechanisms in operation in the urban environment, so as to find solutions capable of enhancing the social control of crime, involving the practical participation of citizens as a democratic form of social control.

 

CONTENTS

Introduction (G.Canepa, T. Bandini) - Theoretical interpretations of the connections between urban development and criminality (A. Gazzola) - Urbanization and deviancy - Evolution of urban sociology - Urban sociology and crimi­nological trends - Emerging lines of research - Urban structure and crime: research data (F. Carrer) - Origins and development of ecological research - Ecological research in Italy - The different types of approach in recent criminological studies on the city - Perspectives of empirical research - Cities and social control (M.I. Marugo, A.Verde) - Analysis of the connections between deviancy and social control - Urbanism, formal and informal social control and deviancy - Participation by citizens in the system of justice: old and new perspectives of democratic intervention in the control of crime (U. Gatti, G.B. Traverso) - Participation and the crisis of the penal system - Different forms of participation in managing the penal system, social services and participation - Alternative control systems: towards a control of deviancy.

 

 

 

213. CRIMINAL JUSTICE PROCESSES AND PERSPECTIVES IN A CHANGING WORLD

Processus et perspectives de la justice pénale dans un monde en évolution

Contribution to Topic 2 of the VIIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, Italy, 14th-17th June 1983

Organized by the Ministry of Justice of Italy and CNPDS in cooperation with the Municipality of Milan and the Lombardy Region

Published in French and English

Milan - 1983 - 102-94 VII pages

 

PRESENTATION

The Centro Nazionale di Prevenzione e Difesa Sociale, in conjunction with the Ministry of Justice, in the framework of the celebration of the Centro’s 35th anniversary, promoted an International Congress which was convened by the International Association of Penal Law-IAPL, the International Society for Criminology-ISC, the International Society of Social Defence-ISSD and the International Penal and Penitentiary Foundation-IPPF, under the auspices of the United Nations. The Congress was held in Milan in June 1983, organized by the Centro in collaboration with the Ministry of Justice under the aegis of the four Organizations in consultative status with the Economic and Social Council of the United Nations. This was in preparation for the VIIth Congress of the United Nations on the Prevention of Crime and the Treatment of Offenders, in order to deal with Item 2 on the Congress Agenda, and in response to the invitation extended in Resolution 36/21 of the General Assembly of the United Nations to all Member States “to intensify their efforts to revise their systems of criminal justice to meet the developing socio-economic situation and to provide appropriate means of social control”. This Volume, which contains the proceedings of the Milan Congress, serves to show that its convocation met the above-mentioned objectives, through the contributions of experts from all parts of the world and a fruitful debate by representatives both of the Italian and of the foreign delegations. It also embodies two reports of major importance, one entitled “General scientific questions on the Congress Topic” and the other dealing with the growing interest of the United Nations in the specific subject debated in that Congress. Finally, it contains the general reports of the four Organizations and a comprehensive summary report.

 

CONTENTS

Foreword - Message and Addresses (S. Pertini, L. R. Shahani, E. Harremoes, V. Rognoni, C. Darida) - General scientific questions on the Congress topic (P. Nuvolone) - Introductory address (M. Shikita) - General Reports (IAPL - M. C. Bassiouni; ISC - A.J. Reiss Jun; ISSD - M. Delmas Marty; IPPF - F. Clerc) - Summary Report (G.D. Pisapia)

 

 

 

214. THE PROCESS OF ADMINISTRATIVE PLANNING AND CITIZENS’ PARTICIPATION

Procedimenti di pianificazione amministrativa e partecipazione del
cittadino

Part I - The Process

By Girolamo Sciullo

Published with the support of the Italian National Research Council and the Ministry of Education of Italy

No. 2, Collection of Public Law

Ed. Giuffrè - Milan - 1984 - XV 323 pages

 

PRESENTATION

The subject-area of this study tackles the general theme of “The general law on the administrative process”. It contributes to the analysis of individual and social participation in the administrative planning process, taking account of the elements emerging from the transformation in State functions in consequence of the transition from the Legal State to the Social State.

 

CONTENTS

Justifications for the study and preliminary definitions: - The new importance of administrative planning - The significance of participation in the context of the general regulation of the administrative process - The attention paid in Italian doctrine to participation in the planning process - The object of the study: participation in the process concerned with the formation of administrative “plans”, “programmes” and “projects”, regulated by basic national and regional legislation 1970-78 - Programme of the study - Forms and types of the planning process: - A) Criteria for a typology of the process: - Classification criteria, especially in regard to the object, aims and scope - The divisions to which these give rise: socio-economic/territorial planning; global/sectoral planning; planning by levels - B) Common features: - Regional and provincial planning: the statutory dispositions of the Ordinary Regions; - Regulation of the initial phase of the Ordinary Regions - Laws on participation in regional functions: a) Popular enterprise and consultative referendum - b) Other aspects of participation - Municipal and sub-municipal planning - C) Socio-economic planning: - Global socio-economic planning: I) At regional level - II) At district level: a) of mountain districts - b) of district - Sectoral socio-economic planning: a) at national and supra-national; at regional and provincial level; at district level; at municipal level - D) Territorial planning: - Global territorial planning: a) at district level: of the mountain districts of other organisms - b) at municipal and sub-municipal level - Sectoral territorial planning: at regional and provincial level, at district level, municipal and sub-municipal level - E) Other classification criteria - The criterion based on the degree of analysis of forecasts in the plans: the typology resulting from this: projectional and determinative planning and planning-measures - Criteria based on the modes of implementation of the plans; the typology to which this gives rise: indicative, tendential and imperative planning - The proposed classification, which also takes account of those affected by plans: indicative planning, self- and hetero-planning and multi-subject planning: its application - Models of the planning process: A) Conceptual premises and methodological lines: the structural and functional framework in the planning process. Dogmatic rules and stages of the process: the process as the co-ordination of juridical activities for pursuing a given result; the process stages as a reflection of varying efficacy of process actions - The process as a form of the function - The stages as a formal projection of the logical steps of the function - Identification of the power - “Normative” stages and models of the process - B) The modelistic nature of positive law: - The monostage-model, characterized by “approval” - The multistage-models, designated respectively by: “adoption”, “drafting” and “determination of directions” - C) The procedural stages in the models of positive law: - Type, number and reciprocal connexions - Structure: in particular criteria for individualizing their scope - The stage of “determining directions”, that of “drafting”, that of “adoption” and that of “approval” - D) Models and stages according to types of process: - Relations between model structures of positive law and typology of process - Statutory norms and legislation from the point of commencement and those disciplining individual and social participation in the Ordinary Regions - Socio-economic planning processes - Territorial planning processes - The planning process from the imputation standpoint - Distinction between imputation and production - The stages of “approval” - “Approval” of the general regulatory plan prior to the law-bridge of 1967 - “Approval” as a “preparatory” and/or “constitutive” stage, or a stage that “includes coming into force” - “Adoption” as a “preparatory” and/or “constitutive” stage - “Drafting” and “determination of directions” as “preparatory” stage. The normative models: the progressive broadening of the “preparatory” stages of procedure in sequence - The planning process from the production standpoint - “Approval “ as a control procedure and, more frequently, as a “decisive” stage of the active administrative procedure - “Adoption”, “drafting” and “determination of directions” - The normative models according to the criterion of a progressive broadening of the preliminary stage of the process - The preliminary procedural stages in the planning process: structural and functional aspects - The role played within the preliminary procedural stages by the normative stages which cover them - Relationship between the preliminary procedural stage and the decision: specifically the substantive and procedural connexions - The planning process and the theory of “double act”: the reconstruction envisaged in the study relative to other theories on the planning process - The theory whereby some processes are characterized by the presence of two acts possessing procedural autonomy - The theories whereby “adoption” and “approval” of municipal territorial plans would possess substantive autonomy - Conclusions: - Summary of the results of the study - Current trends of legislative activity.

 

 

 

215. WELL-BEING AND EDUCATION

Education for health in secondary schools

Benessere e apprendimento. Educazione alla salute nella scuola media

By N. Lo Martire, A. Lo Monaco and S. Roncati

Edizione CLES - Milan - 1984 - 155 pages

 

PRESENTATION

This Volume has been prepared as an operative instrument for the Health Education campaign with teachers in secondary schools. It has been compiled by a group of experts, the initiative being supported by the Centro Nazionale di Prevenzione e Difesa Sociale and realized with the backing of the Social Services Co-ordinating Section of the Region of Lombardy. The study is structured on the basis of multi-disciplinary itineraries, with particular attention being given to didactic-pedagogic matters and to the experimental sciences. The aim of the research is to contribute to the primary prevention of every form of handicap, whether through maladjustment or the use of drugs.

 

CONTENTS

Education for communication: a right/duty of the student (D. Spoleti) - Ourselves and disease - Ourselves and smoke (F. Bernacchioni Cantoni) - From art to history: the Romans in Milan (M. Martello Pellegrini) - Identification of the areas in the world that have promoted the technical development of human groups - The formative and fulfilling function of sport (V. Vernoni Colledan) - The daily newspaper in the classroom as a means of orientation (N. Sotira) - The family community in the experience of the pre-adolescent: emotional, social and cultural problems.

 

 

 

216. SPECIAL ADOPTION

Adozione speciale

Research-study on some aspects of the implementation of Law No. 431 of 5th June 1967 in the Milan Juvenile Court

Printed by the Provincial Administration of Milan

Milan - 1984 - 169 pages

 

PRESENTATION

This publication of the Volume pertains to the activity of the Provincial Administration of Milan in the public health sector and summarizes the research work carried out between 1980-1982 (with data commencing from 1979), at an important moment for the juridical regulation of adoption in Italy. The work takes at its starting-point the results of Congresses held on the subject and data embodied in specialist reviews, as well as interviews with legal practictioners and social workers. It gives therefore a structured presentation of the many and complex but identifiable problems which the institution of adoption and its relative culture entail in concrete application. The research will therefore be of particular assistance both to judges and practitioners, for citizens and for civil servants who wish to keep abreast of social demands and dynamics. A further merit of the work lies in the focus it throws upon certain aspects of “the culture of adoption”. The attitudes and tendencies of judges in defining the “condition of adoptability”, the relationship between judicial officers and practitioners in the field, between “juridical culture” and “psychological culture”, are, for instance, subjects which this study has helped to bring to the forefront for responsible consideration. The study was undertaken at the initial suggestion of the judges of the Milan Juvenile Court and much of it dealt with the practical aspects of special adoption in that court. The results of the analysis have offered a key for interpreting the relationship between the difficulties of a family by adoption and those of a non-adoptive family, turning on the elaboration of the background problem, which makes adoption a unique and special experience.

 

CONTENTS

Analysis of decided cases and juridical literature in the field of special adoption (F. Giardina) - The judge entrusted with adoption and the state of abandonment. An analysis of cases of opposition to the decision of adoptability (G. Maggioni, P. Ronfani) - Declaration of the condition of adoptability: culture and feelings in the practice of the Milan Juvenile Court (F. Scaparro, C. Riva Cru­gnola, M.R. D’Angelo) - Supply and demand for adoption: analysis of institutional data (S. Draghi) - The family by adoption: equal or different? (S. Fiorelli, D. Guidi, P. Maya, M. Romanini).

 

 

 

217. THE PRINCIPLE OF DUE PROCESS IN THE REGIONAL SYSTEM

Il principio del giusto procedimento nell’ordinamento regionale

Volume I

By Giovanni Sala

Published with the support of the Italian National Research Council

No. 3, Collection of Public Law

Ed. Giuffrè - Milan - 1985 - X 236 pages

 

PRESENTATION

This publication forms part of the works dealing with the implementation of administrative powers and the confirmation of the principles of impartiality and good management in administration. The research contained in the volume concentrates on subjects within the sector of administrative proceedings, in order to establish, at the level of substantive law, the real incidence in the regulation of administrative action of the said criteria of impartiality and good management in relations between the Public Administration and the public.
A further aim of the work, but one of particular importance, is to emphasize the implication that the principle of “due process” may have, as a binding principle, in the regional legislator. It may be reasonable to add that the lines followed by the present study serve to provide a vital contribution, both to the reconstruction of the principles which comprehensively underlie the Italian
system, and to the formulation of proposal intended to remedy the current, and still unsatisfactory, subconstitutional regulatory system.

 

CONTENTS

Structural and functional perspectives in the reconstruction of administrative proceedings: - The reasons for a study aiming to discover the extent that the values of “participation” and “efficiency”, constantly pronounced by the legislator, are actually implemented in the regulation of administrative proceedings - Administrative proceedings and the relationship between law and administration in the regional system; legislative inflation, the reduced ability of the law to govern social interests and the new valency of the administration. The tendency of the law to decide on the means rather than the content of administrative action, legality as conformity with the mode of operating and as compatibility with the content. The consistency of the construction of administrative proceedings from the standpoint of the act, with the correlation between law and administration laid down in the liberal State; the need for a rethinking of the problems in the proceedings - The isolation of the juridical figure of “power”, premises for a reassessment of the function of the proceedings; the implications of an approach to the administrative phenomenon in the prospects and dynamics of the exercise of power for the attainment of its given objectives - The juridical importance of the administration-interest relationship to be pursued; verification; juridical efficiency and juridical importance; the teleological perspective of juridical significance; the justification of the functional perspective in the analysis of administrative proceedings - The proposal to utilize the concept of function: ambivalence of that concept; the concept of function as classification of an activity - The new interest in administrative activity. The juridical significance of activity for the production of an act and as part of acts, and proceedings pursuing an objective - Reflections on the results obtained on the problems of proceedings; structural analysis of administrative proceedings, theorization of proceedings as a form of function: relativity of the distinction between form and content; attempts at a synthesis between the substantive and formal points in the reconstruction of proceedings; proceedings as a substantive connotation of developing power. Verification of the thesis: juridical importance and effects of the activation of proceedings in self-defence, in the demand for disciplinary sanctions, in the case silence-denial, in the case of silence-assent - Functional analysis of administrative proceedings; the proceedings as a moment of organization of interests; the indication of relevant interests of conformity with authority. Verification of the thesis: juridical relevance and effects of bringing interests to light in the proceedings; introduction of interests into the proceedings and content of the reasoning and trends of decided cases, criticism thereof; selection of interests and obligation to observe the procedural sequence; demonstration of interest in the proceedings and identification of the parties entitled to bring proceedings, trend of decided cases, criticism thereof; participation in administrative action and legitimation of recourse thereto - Regulation of the implementation of powers: constitutional principles: - identification of the constitutional norms from which the rules for administrative action derive; Art. 97, para.1; the doctrinal debate; the applicability of the principles of impartiality and good management to administrative action; endeavours to attribute a substantive preceptive content to the two canons; endeavours to validate their significance at an organisational level; the strict connection between structural and substantive aspects in public administration; the applicability of impartiality and good management to the organization in a dynamic sense and to the exercise of power; impartiality and good management not only as ends but as means in administrative action. Need for confirmation in positive law - The doctrinal attempt to deduce rules for administrative action in the principle of impartiality; reduction of impartiality to equality, criticism thereof; equality of treatment as a rule for the exercise of administrative power; efforts to validate impartiality in objective and not merely correlative terms; the tendency to draw from the principle of impartiality rules to guarantee the objectivization of the processes of exercise of power. Need for confirmation in positive law - The doctrinal attempt to deduce rules for administrative action from the principle of good management; good management and efficiency; good management and the problem of attributing juridical value to rules of good management; configuration of good management as the aim of a functional duty, criticisms thereof; good management and merit; the tendency to look upon management as the source of rules to ensure the best possible exercise of power. Exigencies of verification in positive law - Verification of assumptions in cases heard in the Constitutional Court; the applicability of the principles laid down in Art. 97. para. 1, to public administration as a whole, both subjectively and objectively. The difficulty of discovering indications for administrative action in the sentences of the Court; the caution shown by the Court in questions concerning administrative action, criticisms of legal doctrine; impartiality and good management in certain recent decisions. The tendency of the Court to draw rules for administrative action from the general principles of the system rather than from constitutional norms - Verification of the assumption in administrative jurisprudence; acknowledgement by the judge of the connection between rules of organization and rules of organization and rules of action; tendency to consolidate and extend partially formulated jurisprudential trends. Rules of operation of administrative organs and administrative actions that are deemed to contribute to impartiality and good management: the prorogatio imperii abstention; equality of treatment, predetermination of the decision-making criteria. The tendency to draw the same rules, whether from the constitutional principle or from the general principles of the system and related implications. Need to extend the study to the rules of administrative action that may be derived from the general principles of the system.

 

 

 

218. NON-TARIFF OBSTACLES TO TRADE IN EEC LAW

Ostacoli non tariffari agli scambi nel diritto comunitario

By Emilia Cortese Pinto

Published with the support of the Italian National Research Council

No. 7, Collection “The Law of the European Communities: Problems and Trends”

Ed. Franco Angeli - Milan - 1985 - 158 pages

 

PRESENTATION

This Volume provides a detailed examination of the Treaty of Rome, the founding Treaty of the EEC, in relation to the principles of free circulation between Member States both of persons and goods; mention is made of the requisite restrictions and derogations in protection of the systems of individual Members. In this way, the “imperative exigencies” are highlighted, with particular reference to the “economic connection” arising therefrom in the interests of each Member State. Finally, the study offers the results of a study of Community Law in relation to trade, by way of a doctrinal exposition and a study of cases decided in the European Court of Justice.

 

CONTENTS

The fundamental nature of the principle of free circulation of goods in the EEC juridical system - Regulation of the free circulation of goods, as prescribed in the EEC Treaty - Prohibition of measures equivalent in effect to quantitative restrictions, implementation and interpretation thereof - Concept of “goods” in the EEC Treaty - Influence of the nature of the product for the purposes of applying the rules on the free circulation of goods - Importance of the point of origin of goods for applying the prohibition of measures having equivalent effect - Destination of goods and application of the prohibition - Phase of the economic cycle that is of importance for the purposes of the prohibition - Prohibition of measures having equivalent effect in relation with non-Member States - Limits to the sphere of application of the prohibition deriving from other EEC norms - The position of Member States - Consequences of the prohibition for Community institutions - The position of individuals - Conduct by States that may be classifiable as “measures” - Restrictive effect of trade: the thesis of the relevance of such effect only in the case of acts discriminating against foreign products - The Dassonville Decision - Invocation of Art.30 for measures restricting trade, even when treating national and foreign products in the same way - Elements permitting the inclusion of a measure prohibited by Art.30: current or potential nature of the restriction of trade; the problem of “negligible” restrictions; direct or indirect incidence of restrictive measures - The problem of a lack of common regulatory measures; analysis of decided cases on measures restricting trade involving matters controlled at a Community level - Conditions of admissibility of Statal measures seeking to control domestic trade: aim of the protection of “imperative exigencies”; reasonableness of the meas­ures; non-discriminatory nature thereof - Decided cases stemming from the Groenveld Decision and its ratio decidendi - Content and limits of derogation from the prohibition, conditions for its application and individual instances envisaged; Public policy; Public Security; Public Morality; Protection of health and safety of persons and animals; Preserving of vegetables; Protection of national, artistic, historical and archaeological heritages; protection of industrial and commercial properties.

 

 

 

219. THE 1968 BRUSSELS JUDICIAL CONVENTION AND THE REFORM OF ITALIAN CIVIL PROCEDURES

La convenzione giudiziaria di Bruxelles del 1968 e la riforma del processo civile italiano

Proceedings of the Study Conference held at Pavia, Italy, 7th-8th October 1983

Published with the support of the Italian National Research Council

No. 8, Collection “The Law of the European Communities: Problems and Trends”

Ed. Franco Angeli - Milan - 1985 - 318 pages

 

PRESENTATION

This Volume contains the Proceedings of the Pavia Conference, held in October 1983, at the initiative of the Centro in collaboration with Pavia University, the Ghislieri College, the EEC Commission, the Pavia Chamber of Commerce, Industry and Agriculture and the Monte di Pavia Bank, in the context of a pluriennial relationship with the Italian National Research Council. As part of its due task of drawing the attention of jurists and practitioners in Italy to the overlap in many different areas of rules in the commercial sector governed by Italian legislation, the Centro’s Committee on EEC Law felt it important to undertake an in-depth study of the new international instrument provided by the 1986 Brussels “Judicial” Convention. This also recognized the fact that the Italian Parliament had before it a Bill to reform the Code of Criminal Procedure, which had to take account of the norms of international Conventions in this field. The Brussels Convention, in fact, dealt simultaneously with the question of extra-territorial jurisdiction and recognition and enforcement of judgements among EEC Member States ex novo, both in the civil and commercial areas. In effect, it significantly reduced the sphere of application of the codified norms of our Law of International Civil Procedure. The reports at the Conference concentrated in particular on: the problems of jurisdiction, the recognition and execution of judgements, the contribution of the EEC Court of Justice to the interpretation of the Convention and the prospects of reform of International Civil Procedural Law.

 

CONTENTS

Introduction (G. Capotorti) - Reports: - The 1968 Brussels Convention and reform of Italian norms on jurisdiction and on the recognition of foreign judgements (G. Gaja) - The rules of the 1968 Brussels Convention on jurisdiction and their incidence on the reform of Italian Civil Procedure (V. Starace) - The rules of the 1968 Brussels Convention on the recognition and enforcement of judgements (F. Pocar) - Uniform interpretation of the 1968 Brussels Convention in cases heard by the EEC Court of Justice (F. Capotorti) - Proposals for amendment of the 1968 Brussels Convention (G. Franchi) - Communications: Bankruptcy and the 1968 Brussels Convention (L. Daniele) - The influence of the “proper law” on jurisdiction according to the 1968 Brussels Convention (C. Kohler) - The concept of “ordinary appeals” for the purposes of Arts. 30 and 38 of the 1968 Brussels Convention (N. Boschiero) - Translation of foreign deeds and instruments of which notice has been given in Italy, and prospects of reform (R. Cafari Panico) - The theory of formulation of applications and the rules of the 1968 Brussels Convention (E. Perillo) - On matters excluded from the application of the 1968 Brussels Convention (I. Telchini)

 

 

 

220. LAW AND LEGITIMATION

Diritto e legittimazione

Edited by Renato Treves

Published with the support of the Italian National Research Council

No. 11, Collection of Sociology of Law

Ed. Franco Angeli - Milan - 1985 - 235 pages

 

PRESENTATION

As the Introduction makes clear, this book contains fourteen papers, nearly all of which were presented at the session on “Sociological Analysis of Law and Institutions” which was held in the course of the International Conference on “Legitimation and Society”, held in Rome, 2nd - 5th November 1983. The contributions deal with various subjects, written mainly by specialists in sociology of law. Taken together, they provide an interesting contribution to the study of a sector in this field which to a large degree coincides with the analogous sector of the sociology of politics, but which at the same time needs to be distinguished from the analogous sector of philosophy of law.

 

CONTENTS

Introduction (R. Treves) - Legitimation and power. Elements for an analytical reflection (S. Castignone) - Legitimation and the theory of systems (A. Febbrajo) - Brief observations on functionalism and legitimation (V. Ferrari) - Cognitive styles of legitimation (E. Resta) - Institutions and governability: some reflections on a proposal by Luhmann (A. Carbonaro) - Legitimation and political bartering (V. Tomeo) - Democratic legitimacy: Freedom and the principle of the majority (E. Diaz) - The political thought of Weber and Luhmann: A comparative analysis (S. Segre) - Private law and legitimation in Weber’s sociology (G. Rebuffa) - Certainty of law and legitimation (M. Corsale) - The category of “legitimation”, between the sociology of knowledge and sociology of law (P. De Nardis) - Law, time and legitimation (M. Ferrarese) - Participation and institutions in Italy. An exchange of legitimation (E. U. Savona) - Effectiveness and enforcement of law in the perspective of legitimation (R. Bettini).

 

 

 

221. YOUTH, CRIME AND JUSTICE

Jeunesse, crime et Justice

Contribution to Topic 4 of the VIIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, presented at the VIth Joint Colloquium at Bellagio, Italy, 25th-28th April 1984

Organized by the Ministry of Justice of Italy and the CNPDS in cooperation with the Lombardy Region, the Provincial Administration and the Municipality of Milan

Published in English and in French

Milan - 1985 - 176 pages

 

PRESENTATION

The Volume contains the proceedings of the Colloquium held at Bellagio, 25th-28th April 1984, and organized by the Centro Nazionale di Prevenzione e Difesa Sociale in collaboration with the Ministry of Justice of Italy, the Lombardy Region and the Provincial Administration and the Municipality of Milan. It drew the attention of the four Organizations in consultative status with the Economic and Social Council of the United Nations to Topic 4 of the VIIth Congress of the United Nations on the Prevention of Crime and the Treatment of Offenders. Particular attention was given during the Colloquium to the Draft Minimum Rules drawn up to deal with juvenile delinquency and the social policy required to tackle it. Other subjects considered included the concept and definition of “youth”, as well as various factors in juvenile delinquency (such as drug-addiction, family-crisis, social marginality, the influence of the mass-media, etc.). The Colloquium also examined the cultural and practical role of the new concepts of the “right to education” as a genuine right of minors, upon which to base judicial action and social reintegration, that are no longer exclusively inspired by concepts of punishment and expiation. The reports presented by the four Organizations represented a major contribution from the scientific and academic point of view, to the preparations for the Seventh World Congress, in welcoming the recommendations of the General Assembly and the Economic and Social Council to intensify international cooperation in the field of crime prevention and criminal justice. The Reports presented by each Organization led to detailed discussion, which were summarized in a General Report, representing the joint scientific contribution of the four Organizations to the said VIIth UNO Congress.

 

CONTENTS

Introductory Addresses (V. Rognoni, M. Ancel, M. Shikita, E. Harremoes) - General Reports (ISC, D. McClintock; IAPL, H. Schüler-Springorum; ISSD, Y. de Thevenard; IPPF, J. Pradel) - Summary Reports (A. Beria di Argentine and L. Fadiga) - Closing Addresses (M. Martinazzoli, E. Harremoes, M. Shikita, H. Jescheck, D. Szabo, H. Röstad, M. Ancel).

 

 

 

222. NEW DIMENSIONS OF CRIMINALITY AND CRIME PREVENTION IN THE CONTEXT OF DEVELOPMENT: CHALLENGES FOR THE FUTURE

Contribution to Topic 1 of the VIIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, presented at the Saint-Vincent, Italy, International Conference, 8th-10th March 1985, organized by the Ministry of Justice of Italy and CNPDS in collaboration with the Aosta Valley Region

Published in French and English

Milan - 1985 - 220 pages

 

PRESENTATION

Representatives of the four Organizations in consultative status with the Econ­omic and Social Council of the United Nations met between 8th-10th April 1985 at the Saint-Vincent International Conference, organized by the Centro Nazionale di Prevenzione e Difesa Sociale in collaboration with the Ministry of Justice of Italy to consider Topic 1 of the Seventh World Congress of the United Nations on the Prevention of Crime and the Treatment of Offenders, relating to “New Dimensions of Criminality and Crime Prevention in the Context of Development: Challenges for the Future”. This Volume contains the transactions of that Conference. The Conference concentrated on the vast breadth of today’s criminal phenomenon, on the need for a new organization and new responses to such expansion of crime, on the growing links between crime and the actual mechanisms of power, and on the connections between the increase of the phenomenon and economic development. From the quantitative point of view, the distinction between legality and illegality is no longer defined as a time, for the proliferation of unlawful behaviour and for the ever less circumscribed bounds of true criminality. From the quantitative point of view, the analysis deals with manifestations such as drugs, economic crime, international connections of crime, crimes against health and private life, trafficking in arms, terrorism, industrial espionage, and so on. To identify and punish such activities, many of which still do not attract penal sanctions or even social condemnation, seems a major task, especially in a field, such as law, where the practitioners have to base their work on certainty and legality. Organized crime has made the traditional penal instruments increasingly inadequate, so that there is a need to
formulate a general theory of illicit organization, which can understand and adequately tackle these phenomena, without yielding to repressive temptations that would only serve to jeopardize the bases of our democratic systems.

 

CONTENTS

Introduction (A. Beria di Argentine) - Introductory Address (E. Mueller Rappard) - Introductory Report (P. David) - General Reports (IAPL, G.O.W. Mueller; ISC, G. Kellens; ISSD, P. Arlacchi; IPPF, A. Heijder) - United Nations’ Guiding Principles for Crime Prevention and Criminal Justice in the context of development and a New International Economic Order: a commentary (M.C. Bassiouni) - Italian research works: research on “Organized Crime in the Milanese Area” - Laundering of illegal funds (G. Colombo) - Some features of the wholesale trade in heroin and cocaine in the Milanese area (L. Campiglio) - Organized crime and kidnappings (V. Grevi) - The mass-media and organized crime (N. Dalla Chiesa, L. Grossi, F. Rositi) - Research on “Business Rackets in Lombardy” (R. Mannheimer) - The Italian law on crime prevention (L. Scotti) - Economic reflections: economic equilibrium and social order: an interrupted debate (L. Campiglio) - An economist’s thought on modelling criminality (J. Heineke) - Round Table on “The Economic, Social and Cultural Interrelations between Organized Crime and Development”: - Reflections from the banking, business and cultural sectors (G. M. Flick) - Contributions (G. Agnelli, G. Benvenuto, G. Carli, M. Colajanni, G. De Rita, C. Ferrari) - Summary Report (V. Rognoni) - Closing Address (M. Martinazzoli).

 

 

 

223. VICTIMS OF CRIME

Les victimes de la criminalité

Contribution to Topic 3 of the VIIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders

Prepared by the Ministry of Justice of Italy and CNPDS

Published in French and English

Milan - 1985 - 20-24 pages

 

PRESENTATION

Topic 3 on the Agenda of the VIIth United Nations Congress on the Prevention of Crime and Treatment of Offenders, devoted to the victims of crime, was handled by a special Working Group which met in Rome at the Directorate of Penal Affairs of the Ministry of Justice of Italy (1983-4). This Volume sets out the results of the studies and research that they undertook.

The first contribution illustrates the various examples of protection offered to the victims of crime by the Italian penal system. The second presents a critical analysis of the principles underlying the philosophy of such a system of protection. There is a detailed examination of case-histories of victims of crimes of extortion and homicide, with a section on protection for the victims of crime in the family environment.

The final contribution focuses attention on the theme of “victimization and technological progress” and considers victims of crimes against the environment and those committed using computers in the broad context of collective victimization, underlining the growing importance of this subject and the need for a better system of protection and defence, both at the technical and at the institutional levels.

 

CONTENTS

Introduction (P. Callà) - Some considerations on the protection of the victim in the Italian penal system (M. Pisani) - The “point of view of the victim”: models and problematic aspects - The weakness of “victimology” - Protection of victims and review of penal systems: experimental models - Protection of victims and new penally important “values” (E. Resta) - The victims of crimes of extortion and kidnapping: - Victims of extortion and collective forms of protection - The victims of kidnapping: problems and perspectives - The prevention of collateral “vendettas” (P. Marconi) - Victims within the family circle: - Offences against family welfare - “Treatment” as an alternative measure of protection - Structures of Private Law and other modes of protection (G. Gulotta) - Technological progress and victimization: - Ecological crime and collective victimization - Aspects and forms of social control of productive processes - Italian jurisprudence and the protection of collective or general interests - Towards a broader concept of “legitimatio ad causam” - New forms of collective victimization: computer-related crime - A growing potential for victimization - The situation in Italy: problems and prospects (C. Sarzana).

 

 

 

224. FORMULATION AND APPLICATION OF UNITED NATIONS STANDARDS AND NORMS IN CRIMINAL JUSTICE

Formulation et application des normes de l’Organisation des Nations Unies en matière de justice pénale

Contribution to Topic 5 of the VIIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders

Promoted by the Ministry of Justice of Italy and by CNPDS

Published in French and English

Milan - 1985 - 17-28 pages

 

PRESENTATION

This Volume contains a Report of great importance, drawn up by a Working Group of specialists in this field, as a contribution to the Seventh Congress of the United Nations on the Prevention of Crime and the Treatment of Offenders. The research was carried out in the context of a study of the formulation and application of the norms of UNO in the field of penal justice. In particular, an analysis was undertaken of data and regulations on the Italian prison system in relation to the above-mentioned problems. The Working Group, which acted under the general instruction of the Directorate General of the Ministry of Justice, consisted of L. Daga, M. Pavarini, V. Grevi, C. Neppi Modona and M. Romano.

 

CONTENTS

Criminal Law and the problems of development - Effective application of norms - Formulation of new principles: a) foreign prisoners, Guiding Principles for the independence of the judiciary and due process; b) proposals for a normative system that will reduce recourse to imprisonment - Protection of the right to life - Role and scope of international co-operation - Appendix: - Enquiry on the implementation of the Minimum Rules for the treatment of those in custody adopted by the United Nations Organization (1979-1984) - The Italian response.

 

 

 

225. ITALIAN SOCIETY IN TRANSFORMATION ON THE THRESHOLD OF THE TWENTY-FIRST CENTURY

La società italiana in trasformazione al traguardo del Duemila

Proceedings of the Congress held in Milan, Italy, 8th-10th November 1984

Organized by the Camera di Commercio Industria Artigianato e Agricoltura di Milano, the CENSIS-Centro Studi Investimenti Sociali and CNPDS

Ed. Franco Angeli - Milan - 1986 - 624 pages

 

PRESENTATION

This Volume contains the transactions of the Conference promoted and organ­ized by the Milan Chamber of Commerce, Industry and Agriculture, the Studies Centre of Social Investments (CENSIS) and the Centro Nazionale di Prevenzione e Difesa Sociale, on the subject “Italian Society in Transformation on the Threshold of the Twenty-first Century”, held in Milan from 8th-10th November 1984. The promoting bodies thought it timely with this Conference to urge Italian public opinion to apply their minds to the growing pressures, impulses and solicitations to which our society is subject, both from within and from outside. The Conference thus endeavoured, on the one hand, to consider the contrast between possible futures and a future that is realistically attainable, and, on the other, to stimulate the powers-than-be in our society, to remove some of the obstacles that seem to stand the way of social and economic progress in our country. The basic themes considered in the four preceding Conferences organized by CNPDS namely in 1954, 1959, 1963 and 1971, dealing with economic development in depressed areas, the influence of science and technology, the development of the formative processes of the administration of justice, were reviewed in the course of this Conference, which most satisfactorily gave continuity to the previous activities, so as to study and highlight the links and reciprocal influences which the factors arising from those subjects would credibly exert on our future and help to condition it. The Centro Nazionale di Prevenzione e Difesa Sociale, a close observer over four decades of transformations in our society, has thus sought to contribute towards a better understanding of the evolutive factors at work, by devoting a moment to reflect on the comparison of what had been anticipated, foreseen and illustrated in previous Conferences and studies, and what had actually come about in today’s conditions.

 

CONTENTS

Reports: - Awareness of the future in the contemporary conscience (E. Severino) - Past and present of sociological studies in Italy (R. Treves) - Demographic development (M. Livi Bacci) - The problem of real resources (G. Lanzavecchia) - Technological development (B. Lamborghini) - The scenario deducible from basic variables (U. Colombo) - Obstacles to development (T. Cozzi) - Social implications of technological development (L. Gallino) - Work of the Commission: Features of Italian economic development as they emerge from the macro-economic situation (C. D’Adda) - Evolution of productive structures (I. Musu) - Productivity, technology and demand for work (P. Ferri) - Employment: trends and problems (C. Dell’Aringa) - The role of science in the modern world: - Mathematics (G. Capriz) - Physics (T. Arecchi) - Chemistry (L. Cagliotti) - Biology and genetics (A. Falaschi) - The neuro-sciences (L. Maffei) - Training problems: - Education and training with the year 2000 in prospect (G. M. Bertin) -Educational aims in the heat of debate (A. Visalberghi) - The response to educational demands of schools and scholastic legislation of recent years (M. Gattullo) - The response to the extra-scholastic demand for education (C. Scurati) - Educational research in contemplation of the next century (R. Massa): - Problems of the institutions: pluralism, contractualism, corporativism (T. Treu) - Political representation and interests (G. Zagrebelsky) - Collective and individual rights (V. Denti) - Administration and society (G. Berti) - Institutional controls (S. Bartole) - Round Table on “The probable evolution over the next twenty years of the Italian ‘system’ and in its main sub-systems” (P. Bassetti, A. Ardigò, F. T. Arecchi, P. Bisogno, M. Di Lullo, F. Grignaschi, C. Marchetti, E. Massacesi, A. Quadrio Curzio, B. Trentin, C. Rizzuto) - Reports on the work of the four Commissions: problems of development (S. Lombardini) - The role of science in modern society (G. Montalenti) - Problems of training (G. M. Bertin) - Problems of the institutions (M. S. Giannini) - Concluding considerations (G. De Rita).

 

 

 

226. THE “COMPANIES ACT”

Lo statuto dell’ impresa

Proceedings of the Congress held in Milan, Italy, 21st - 22nd June 1985,
organized by the Ministry of Justice of Italy and CNPDS, in collaboration with Camera di Commercio Industria Artigianato e Agricoltura di Milano, Unione delle Camere di Commercio, Unione Regionale delle Camere di Commercio della Lombardia

No. 11, Collection of Study Conferences on “Current Problems of Law and Civil Procedure”

Ed. Giuffrè - Milan - 1986 - XX 330 pages

 

PRESENTATION

The Volume assembles the reports from the XIth Study Conference on “Current Problems of Law and Civil Procedure”, devoted to the “Companies Act”. As the introduction makes clear, the study was prompted by the serious economic crisis suffered by Italy in recent years, bringing forth a series of legislative interventions, often inconsistent with each other and at odds with the principles expressed in the Civil Code, which sought to restore the business world in the throes of crisis. This gave rise to the idea of a statute to regulate the principles of business operations and activity, an idea which resulted in a document drafted by a Ministerial Commission, chaired by Professor Giuseppe Ferri. It was this document which was analysed at the Conference. The research concentrated on the following themes: a) private and public companies in a competitive market; b) groups of companies; c) protection of free competition; d) the responsibility of the businessman; e) the economic crisis of business. The participants in the Conference were asked to contribute on these subjects, in the conviction that their combined experience and professionalism could not fail to provide useful leads for the definitive drafting of a new Code for business activity, which could stand well alongside the “Workers’ Statute”.

 

CONTENTS

Introductory report (G. Ferri) - Constitutional aspects (V. Spagnuolo Vigo­rita) - Business and the statute: juridical aspects (V. Buonocore) - Economic aspects (A. Provasoli) - Private firms and business in general (M. Casanova) - Public companies (G. Pastori) - Financing (M. Casella) - Safeguarding the freedom of competition in the draft “Companies Bill” (F. Bonelli) - Responsibility of the businessman (P. Trimarchi) - Publicity by firms and information about them (E. Bocchini) - Groups of companies in the “Companies Act” (P. Abbadessa) - The economic crisis of business (M. Sandulli) - Thoughts on the new Draft Ninth Directive on groups of companies (G. Marziale) - Comparative law considerations (P. Verrucoli) - The “Companies Act” in the context of European Company Law (K. Van Hulle) - The “Companies Act” in confirming needs, and prospects for its implementation (G. Baldini, G. Mi­nervini) - Communication on actions for damages involving public finance in relation to acts of public business undertakings and public companies (L. Todaro, A. Martucci di Scarpa) - Other contributions (G. M. Flick, C. Ferroni, G. Schiano di Pepe, S. Raimondi, G. Santini, V. Mangini) - Annex: - Report and Draft “Companies Bill” (Commission appointed by the Ministry of Justice).

 

 

 

227. PUBLIC FINANCING OF BUSINESS UNDERTAKINGS

Il finanziamento pubblico alle imprese

By Manin Carabba, Pietro Fazio, Nicoletta Bevilacqua and Stefano Landi

Published with the support of the Italian National Research Council

No. 4, Collection of Public Law

Ed. Giuffrè - Milan - 1986 - 120 pages

 

PRESENTATION

This Volume assembles the results of a research project entrusted to CNPDS, which was devoted to a study of the problems attaching to public financing of business undertakings. The subject was prompted by the administrative and legislative experiences of the last decade, frequently with controversial features, despite various attempts to work out a unified regulatory system. The research work concentrated on industrial policy in Italy and the measures employed there to promote technological and productive innovation. The analysis of Italian experiences in this field was carried out in the evolving context of the international economy and the choices of programming and development undertaken in other industrialized States. The study highlighted how, despite the particularity of problems and policies adopted in the various States, there was a similarity of experiences, which certainly surpassed what might have been expected from the image put forth by the mass media. The results of the respective policies show great differences, and the factors leading to them may be summarized as follow: - the balance achieved between innovative trends and rationalization and those tending to preserve the status quo. In this connection, it is interesting to examine the experience in Italy of the application of Law No. 675, which resulted in effect in a reconstruction of some of the main sectors of our industry without excessively stimulating the development of sectors orientated towards science and technology; - the parties who benefited most from the public financing in Italy were without doubt the major companies, either because the priority attaching to the sectors requiring reconstruction diverted a large proportion of the resources towards the major businesses, or because of a sort of “persistence of image” on the role played by them in the process of development; - the criteria and methods underlying the management of the incentives by the Public Administration: in Italy objectives of considerable importance pursued by legislation come face to face with a precarious economic situation and an excessive scope for discretion in the hands of the Authorities entrusted with operating the relative measures; - the centres of elaboration and management of interventions in industrial policy. In various countries the increase of interventions stands alongside a broadening of the institutional subjects called upon to play a role in the development policy, with greater responsibilities being placed on local institutions - even though the same cannot be said in the case of Italy.

 

CONTENTS

Problems connected with the accumulative process and funding of industrial undertakings in Italy - Characteristics of the accumulative process in Italian industry over the last decade - Determining factors in the accumulative process within businesses - The policy of public funding of business over recent years - Industrial policy in Italy - The framework of industrial policies at an international level - Industrial policy between innovative trends and options for normalization - The advantaged interlocutors of industrial policy: the major firms - The quality of management assured to incentives and sites of their operation - Instruments of industrial policy employed in Italy - Legislation for incentives - Features of innovative conducts in smaller firms: results of a study: general features of businesses - Sectors of specialization - The age of firms - Juridical form - Occupational structure - Socio-cultural aspects of businessmen: age and level of training - Qualifications and professional background - Organizational and managerial resources - Business subjects and functions; training and requalification of the human element - Management and control systems - Features of plants and prospects - The provision of investment - Innovation and development prospects - Resources employed in technological research - Source and use of patents; sources of finance for innovation; obstacles in the way of access to incentives; sources of technology; innovations introduced and those foreseen - Products and markets: - Product lines and recent trends; market typologies; reference markets; commercialization of products; sources of commercial intelligence; product/market strategies - Relations with abroad.

 

 

 

228. THE INTERNATIONAL DIMENSIONS OF CONTEMPORARY SOCIETIES IN THE FIELD OF CRIMINALITY AND THE RESPONSES OF THE MOVEMENT OF SOCIAL DEFENCE

L’internationalisation des sociétés contemporaines dans le domaine de la criminalité et les réponses du mouvement de défense sociale

Report presented by the Ministry of Justice of Italy and CNPDS to the XIth International Congress on Social Defence, Buenos Aires, Argentina

October 27th-November 1st, 1986

Published in French and English

Milan - 1986 - 83-90 pages

 

PRESENTATION

In November 1986 was held in Argentina the XIth International Congress on Social Defence, organized by the International Society of Social Defence and the CNPDS, in collaboration with the Regional Secretariat of the Society in Latin America, the Ministry of Justice of Argentina and the Faculty of Law and Social Sciences of the University of Buenos Aires, under the auspices of UNO. The topic of the Congress was broadly debated on the basis of sectorial reports and general regional reports, by well-known experts from the cultural, juridical and political field of various continents. The works of the Congress demonstrated the crucial importance of the principles underlying the New Social Defence Movement in the perception of the vast and serious problems of today’s world. The problems, which were complex and often dramatic, were tackled systematically, with a view to revitalizing penal justice institutions, in a conviction of the sterility of an abstract concept of crime and the resulting reaction of the juridical system. Particular emphasis was placed on the extreme danger presented by the new transnational criminality and its cultural implications, especially when one recognizes that the “multi-nationals” of crime, with their remarkable accumulation of wealth, can easily promote and take advantage of political corruption and abuse of power. Particular emphasis was placed on the extreme danger presented by the new transnational criminality and its cultural implications, especially when one recognizes that the “multi-nationals” of crime, with their remarkable accumulation of wealth, can easily promote and take advantage of political corruption and abuse of power. Consequently, there is a need for the Social Defence Movement to offer new perspectives for cultural consideration of the subject. If anti-crime strategies are not independent, but closely conditioned by the forces of crime themselves, it is important not to be bound by rigid programmes, but to elaborate formulas that take into consideration the complexity of the problem and be capable of application across the world, due consideration being taken of different degrees of development in various countries. In such a context, the report presented by the Centro and the Ministry of Justice of Italy represents a fundamental contribution in the field of international cooperation towards the prevention of crime.

 

CONTENTS

Foreword (L. Bausi) - Socio-cultural and economic aspects: - Origins and characteristics of the phenomenon. Social and cultural aspects (A. Beria di Argentine) - A contribution for a sociological analysis (E. Resta) - Economic power, public sector and the internationalization of the economy (L. Campiglio) - Organized crime and economic crime in the Italian experience (G. M. Flick) - Criminological aspects: - Criminology and new forms of crime: clinical approach and new forms of crime (G. Canepa) - Crime as a transnational phenomenon. Criminological considerations (T. Bandini) - International crime and the position of young people (G. La Greca, L. Pomodoro) - Computer technology and crime. National and international aspects (C. Sarzana) - Judicial and juridical aspects: - Cooperation among States in the fight against organized crime (G. Grasso, G. Polimeni) - Limits of the application of national law faced with the problem of international crime (T. Padovani) - Prevention measures and prospects for a uniform law in the field of drug-trafficking (L. Scotti) - The execution of sentences as a response to problems of international crime. Limits and perspectives (L. Daga, M. Pavarini) - Concluding observations (G. La Greca).

 

 

 

229. REWARD-BASED LEGISLATION

La legislazione premiale

Proceedings of the Study Conference in memory of Pietro Nuvolone, held at Courmayeur Mont Blanc, Italy, 18th-20th April 1986

No. 15, Collection of Study Conferences «Enrico de Nicola - Current Problems of Law and Criminal Procedure»

Ed. Giuffrè - Milan - 1987 - XVI 336 pages

 

PRESENTATION

In recent times, special conditions have served to prompt recourse of reward-based legal provisions, as well as to provide an incentive for certain behaviours considered useful in the repression of major crimes. There has been a lively debate on the special regulations introduced to deal with organized crime and on the new regulations dealing with kidnapping for ransom, both academically and in public opinion, questioning whether they are compatible with the basic principles of law and criminal procedure. Judicial practice in applying such measures has also been debated, especially in relation to the proper exigencies of the rights of the defence. The degree of value derived in repression of the most serious criminal phenomena, which have greatly afflicted peaceful cohabi­tation in society, has equally been debated. While it is difficult to deny the positive effects of the reward-based legislation, in judicial discovery of criminal liability in the areas mentioned above, there is still controversy over the weight to be attached to various factors, referable to assessments of the political content in recent experiences of terrorism in Italy. In every case there has been concern at the cost of the new norms and resulting practices relative to the proper role of the courts and the professional standing of judges. All these questions were examined at the Conference whose proceedings are contained in this volume, a Conference which the Centro and the Presidency of the de Nicola Conferences wished to dedicate to the memory of Pietro Nuvolone. There were many papers on the various themes: “Rewards, Law and Criminal Procedure”, “Reward-based Legislation and Organized Crime”, “Withdrawal from a Perpetrated Offence: Aspects of Criminal Law”, “Evaluation of Evidence and Declarations by the Accused”, “Collaboration of the Accused and Rewards in the Common Law Process”. There were also many contributions by politicians, professors, lawyers and judges. The undertaking as well as the publication of this volume reflect an agreement between the Centro and the Italian National Research Council.

 

CONTENTS

Inaugural session (R. Truchet, A. Rollandin, M. Martinazzoli) - Memories of Pietro Nuvolone (G. Conso, M. Pisani, C.M. Pratis, R. Riz) - Proceedings of the Conference: - Introductory report (G.D. Pisapia) - Reports: - “Reward” and “Equivalence” in the dynamics of punishability (T. Padovani) - Reward techniques between law and criminal procedure (D. Pulitanò) - Criminal contract and administrative justice in the philosophy of legal process (F. Cordero) - Reward availability in the criminal process (E. Musco) - Withdrawal from a perpetrated offence: comparative Criminal Law aspects (S. Prosdocimi) - The evaluation of declarations by “repentant” criminals (O. Dominioni) - Evidence of accomplice defendants in the Common Law experience: reward models, negotiation practices and coerced collaboration (E. Amodio) - Interventions: (V. Cavallari, M. Cicala, C.M. Pratis, S. Coco. G. Covi, G. Falcone, F. Imposimato, F. Marzachì, G. Neppi Modona, F. Pintus, R. Ricci, R. Riz, A. Spataro, V.M. Siniscalchi, P.L. Vigna, G. Barbaro, G. Barone, M.C. Del Re, G. Fiandaca, N. Franco, G. Pighi) - Concluding remarks (G. Vassalli).

 

 

 

230. INSTITUTIONAL ASPECTS OF SCIENTIFIC RESEARCH IN ITALY AND FRANCE

Gli aspetti istituzionali della ricerca scientifica in Italia e in Francia

Research-study by CNPDS and the Société de Législation Comparée, with the support of the Italian National Research Council

Ed. Giuffrè - Milan - 1987 - XIX 606 pages

 

PRESENTATION

This Volume contains all the papers of the Conference, which was held in Rome in April 1986, where a research on the subject was presented, with the intervention of the Minister for Scientific Research and the President of the Italian National Research Council, alongside those responsible for the research studies examined at the Conference. The private law aspects of the study predominated, partly because the relevant legislative provisions originate from administrative laws, where there are not the same pressures to reform structures and public activities, as those which bear upon public organs and activities both in France and Italy. However, the reforms and reconstructions have not yet been fully achieved in either country. France is considering a Bill, while in Italy, although the ideas were raised in Parliament at the end of the Seventies, the projects have not yet gone beyond the formulation stage. Thus, for the parts dealing with the public organization of the research and its financing, the contributions to the Conference could do no more than record the current situation. More particularly, the examination of themes concentrated on the following aspects. As regards problems of private law, an analysis was made of: the duties of researchers in the research contract; of authors’ and inventors’ rights; of the “dependence” of scientific research; of scientific property and the obligation to communicate scientific and technological research contracts and their results. As regards the funding of research, questions of public and private financing and of incentives were discussed. Finally, as regards the organization of scientific research, structural and functional problems were examined and an assessment made of the contractual policy of research, including questions such as the juridical and economic status of researchers and the various ways in which research is undertaken in academic and business settings. Particular attention was given to research into the issue of defence.

 

CONTENTS

Occasion and aims of the Conference (L. Rossi Bernardi, L. Granelli, R. Drago, M.S. Giannini) - Problems of research organization: - The administrative structures of scientific research in France (E. Picard) - Relations between research bodies and universities (D. Linotte) - Relations between public research bodies and business undertakings (M. Lombard) - A new formula for research contracts: the public market for intellectual offerings (C. L. Vier) - The Statute of research personnel in France (J.P. Machelon) - Research into defence (J. Perget) - The organizational structure of research in Italy (F. Merloni) - Relations between universities and public research undertakings (D. Sorace) - Public funding of industrial research (G. Endrici) - The professional position of public researchers in Italy (F. Merloni) - Research and development in the military sector (M. Nones) - Problems of funding research: - Public funding of research: relationship to the National Budget (J.P. Chevalier) - Problems of funding research (F. Hervouët) - Private funding of private research and of public research (Y. Chaput) - Public financing of scientific and technological research in Italy (A. Silvani, G. Sirilli) - Assessment of the results of scientific research (P. Bisogno) - Problems of private law: - Obligations of researchers in the research contract under private law (J. Azeme) - Rights of the inventor and copyright resulting from a research contract (A. Françon) - Inventions by employees in French law (A. Chavanne) - Problems of scientific property connected with research (J. Foyer) - Communication of the results of research in French law (J. M. Mousseron) - The obligations of researchers in the research contract (A. Nuzzo) - The rights of authors and inventors resulting from research contracts (G. Guglielmetti) - “Dependant” research (L.C. Ubertazzi) - The problem of scientific property in relation to basic research (G. Sena) - Contracts of scientific and technological research and the obligation to communicate progress and results thereof (R. Franceschelli).

 

 

 

231. CRISIS OF THE STATE AND SOCIOLOGY OF LAW

Crisi dello Stato e sociologia del diritto

Edited by Renato Treves

Published with the support of the Italian National Research Council

No. 13, Collection of Sociology of Law

Ed. Franco Angeli - Milan - 1987 - 268 pages

 

PRESENTATION

This Volume contains studies and contributions arising from the Conference held at Perugia, Italy, in October 1985, organized by the Institute of Social Studies of the Faculty of Political Sciences at the University of Perugia and by CNPDS. As the Preface of the book makes clear, the study was prompted by the need for an in-depth examination of the reasons for the deterioration of institutional forces as well as of the ideological dimensions upon which political
organization and the manifestation of consensus are based in modern society.

 

CONTENTS

Introduction (R. Treves) - The crisis of the State as value and functionalistic interpretation (A. Bixio) - The crisis of institutions: - Executive power, administrative apparatus, political class (G. Rebuffa) - Themes for a primitive jurisprudence (V. Ferrari) - Crisis of the State and sociology of law. Aspects of private law (G. Alpa) - Reflections on the crisis of civil justice (V. Denti) - Isonomic order and asymmetric order: “New rethoric” and the theory of process (A. Giuliani) - The parties and politics of redistribution (P. Marconi) - The ratio decidendi (E. Resta) - On the crisis of dissent (G. M. Chiodi) - Juridical regulation and social self-regulation (A. Febbrajo) - Political bartering and government (G. E. Rusconi) - Cultural transformations and crisis of politics (F. Crespi) - Crisis of normative sociology and ideology of strategic thought (F. Rositi) - For a restoration of democratic legitimacy in Spanish (E. Diaz) - Juridical evolution and self-poiesis (G. Teubner) - Reflections on the social crisis and sociology of law in Jugoslavia (U. Zvekic) - Who loves the Welfare State? (A. Cottino) - “Homo italicus” and imperfect modernization. Interpretative models of the crisis of law in Italy and typology of reforms (R. Bettini) - The social conflicts between political bartering and disinstitutionalization (M.R. Ferrarese) - Sociology of law today and the crisis of the social State (R. Treves).

 

 

 

232. INSURANCE AND THE COMMON MARKET

Assicurazione e mercato comune

Proceedings of the Study Conference held in Milan, Italy, 3rd-4th October 1986

Published with the support of the Italian National Research Council

No. 9, Collection “The Law of the European Communities: Problems and Trends”

Ed. Franco Angeli - Milan - 1988 - 416 pages

 

PRESENTATION

The regulation of insurance within the Common Market is without doubt one of the most pressing themes in today’s EEC. In fact, there have been many EEC Directives on the subject and the Court of Justice has also pronounced on the principles of the right of establishment and freedom to offer services in this field. The theme has been the subject of debate because of the reluctance by some Member States to recognize complete freedom to offer insurance services. The Centro, therefore, organized a Study Conference on this question held in Milan in October 1986, the transactions of which are contained in this volume, supplemented by, and fully integrating, the Directives of the Council of the European Communities on Insurance, the four important Decisions of the Court of Justice issued on 4th December 1986, and the “common position” of the Council, which, as approved by the European Parliament, will constitute the text of the Second Directive of the Council on direct insurance, as opposed to life insurance.

 

CONTENTS

Introduction (F. Capotorti) - Reports and Communications: - Right of establishment and freedom to offer services for insurance companies in the EEC (G. Sacer­doti) - Freedom to offer insurance services, with particular reference to cases decided by the EEC Court of Justice (R. Capotosti) - Co-ordination of supervision of insurance companies (D. Marchetti) - Conflicts of law and jurisdiction in the field of insurance in the EEC (F. Pocar) - Conflict between Italian Law on Insurance and Directives of the EEC: quid of Law No. 772/86 (L. Forlati Picchio) - The regulation of freedom to offer services in the insurance sector and recent Decisions in the Court of the European Communities (L. Sico) - Verbal contributions (M. Zagari, A. Abate, E. Randone, A. Tizzano, A. Giannella, R. Monaco, L. Picca, R. Capotosti, A. Abate, B. Nicosia, L. Daniele, A. Giannella) - Concluding remarks (F. Capotorti) - Decisions of the Court of Justice of the European Communities - Documentary Appendices.

 

 

 

233. BUSINESS TAKE-OVERS AND MERGERS, ANTI-TRUST LEGISLATION AND INFORMATION

Concentrazione economica, legislazione antimonopolio e trasparenza dell’informazione

Proceedings of the Conference held at Courmayeur Mont Blanc, Italy, 25th-27th September 1987

Ed. Giuffrè - Milan - 1988 - VIII 288 pages

 

PRESENTATION

The Nineteen-Eighties have witnessed profound structural changes in the world economy, with an increasing trend towards industrial and economic
concentration operating on a world-wide scale. The resurgence of the central role of business undertakings, and especially the trend towards concentration, yields technological and cost advantages, but it also presents delicate and
partly new problems. The disappearance of benefits associated with competition is intensified by the ubiquity of the processes of economic concentration. Today, in Italy as in the rest of Europe, it seems timely to pause for reflection, in order to work for and achieve legislative norms that will safeguard the advantages of a competitive market. Without doubt there is an international form of competitivity, but this may exist in conditions of quasi-monopoly at the national level. Moreover, the wave of mergers and bids, typical of the Eighties has determined a new basis for the relationship between industry and finance. New financial instruments, new techniques and strategies, have notably increased in sophistication and enhanced the influence sector in the economy, and it is only in this context that it has been made possible for such phenomena to take place, both in Europe and USA. This process has pointed out new signs of weakness in the international economic system, which could have serious consequences. A new quality of the process of concentration during the 1980s has been the role of information in the broadest sense. Between economic power, wealth and information a somewhat unedifyng circuit seems to have evolved: to some extent economic power and the power of information seem today to be beginning to overlap. Here is a further element of fragility in the economic system, an indication of which is the widespread phenomenon of insider-trading in the context of take-over bids and in day-to-day stock exchange operations, as well as in public information and the mass-media. It is hard to foretell the consequences of the accumulation of these new structural elements and the fragilities that may conceal, although negative consequences may be absorbed if there is a clearer recognition of this new reality and a more precise definition, ultimately in terms of regulatory measures, of the rules of economic operation. This volume contains the transactions of a Conference on a subject, organized by the Centro Nazionale di Prevenzione e Difesa Sociale in September 1987, focusing on all the mentioned above in course of a debate whose breadth was ensured by the participation of eminent jurists, economists, bankers, businessmen, trade unionists, journalists, politicians and other experts.

The Conference has four distinct sessions, relative to: the economic aspects, the juridical aspects, problems of those operating in the field, and problems of the mass-media.

 

CONTENTS

Introduction (G. Spadolini) - Reports and interventions from economists (D. Oliver, F. Reviglio, S. Lombardini, L. Campiglio, G. Mazzocchi, M. Howe, T. Cozzi, S. Ricossa, F. Momigliano, P. Sylos Labini, M. Siragusa) - Reports and interventions by jurists (G. Minervini, P. G. Jaeger, G. Rocca, A. Predieri. F. Grande Stevens, G. Cottino, G. M. Flick, G. Santaniello, V. Uckmar, M. Porzio, G. Corasaniti, M. Siragusa) - Reports and interventions by bankers, businessmen and practitioners in the sector (G. Cantoni, F. Piga, R. Banfi, E. Filippi, N. Nesi, C. Santini, O. Beltrami, W. Galbusera, G. Brignone, S. Patriar­ca, G. Goisis) - Reports and interventions by journalists (G. Locatelli, F. De Bortoli, P. Mazzanti, G. Pansa, M. Salvatorelli, D. Speroni, G. M. Flick, I. Facchinetti, R. Truchet).

 

 

 

234. THE INTERNATIONALIZATION OF CONTEMPORARY SOCIETIES IN THE FIELD OF CRIME AND THE RESPONSES OF THE SOCIAL DEFENCE MOVEMENT

L’internationalisation des sociétés contemporaines dans le domaine de la criminalité et les réponses du mouvement de défense sociale

Proceedings of the XIth International Congress on Social Defence, Buenos Aires, Argentina, 27th October-1st November 1986

Published in French

La Ley - Buenos Aires - 1988 - pp.376

 

PRESENTATION

This Volume contains the proceedings of the XIth International Congress on Social Defence, which was held under the auspices of the United Nations and organized by the Centro Nazionale di Prevenzione e Difesa Sociale in collaboration with the Ministry of Education and the Ministry of Justice of Argentina and the Faculty of Law and Social Sciences of the University of Buenos Aires. The theme chosen by the Congress reflects the anxieties of all responsible
people in the field of criminal policy. In order to be effective, such policy must remain “humanist”, whatever challenges are presented by the extreme mobility of individuals, the more devious creations of banditry networks, the rapid and disconcentring contagion of the drugs phenomena, and major crime, contrasting with the anonymity of our society (*).

 

(*) The report of CNPDS and the Ministry of Justice of Italy is mentioned in entry No. 220.

 

CONTENTS

The Eleventh International Congress on Social Defence - Commentary on the theme of the Congress - General Introductory Report (M. Delmas Marty) - General Regional Reports: for Eastern Europe (V. Koudriavtsev and E. Melnikova) - for Asia-India (H. Singh) - for Western Europe (L. Bausi, J. Häussling, M. Polaino Navarrete) - for the United States of America (G.O.W. Mueller) - for Asia-Japan (T. Morishita) - for Arab Countries (M. R. Matter) - for Latin America (E. R. Zaffaroni) - for Africa (A. A. Adeyemi) - for Asia-People’s Republic of China (Yu Shutong) - Criminological Dimensions (Reports: B. Beiderman, D. McClintock) - Socio-Economic Aspects (Reports: A. Beria di Argentine, E. Resta, L. Campiglio) - Juridical Practices: legislative (R. Screvens) - juridical (H. Röstad) - penological (P. David) - Summary of the debates - Final considerations (S. Rozès).

 

 

 

235. ADOLESCENCE: IMAGE AND TREATMENT

L’adolescenza: immagine e trattamento

Edited by Riccardo Massa

Research-study by CNPDS, printed by the Assessorato all’Istruzione e alla formazione professionale of the Lombardy Region

Ed. Franco Angeli - Milan - 1988 - 298 pages

 

PRESENTATION

This Study departs from the various concepts of adolescence current among the educational agencies and of the treatment they devote to it, in order to postulate a new approach to adolescence according to various schemes which differ from those usually designed to excuse adolescents from responsibility, by giving approval to a “condition of youth” but little consideration of a “condition of adolescence”. The work how the image of the adolescence is spoilt by reductive interpretations which fail to take an overall view because they are conditioned by the specific nature of interventions unsupported by appropriate links between the various scholastic and extra-scholastic centres. As a result, adults in the educational field have not sufficiently applied their to the question of treatment and many models of understanding which, when properly examined, are found to be extremely diverse. An undoubted value of the research lies in the revival of a firm conviction as to the normally and generality of adolescents.

 

CONTENTS

Introduction - Part I: - The categorizing and methodological schema - 1. The elaboration of adolescence as a pedagogic object- 2. Premiss of the work and plan of the study - 3. The advantaged institutional frameworks - 4. The advantaged instruments - Part II: - The results of the study: - 1. The third year of secondary school - The two years at college - 3. The vocational training - 4. Institutes and community centres - 5. Centres of free time activity -
6. Chapters and scout groups - 7. The foster care - 8. Models of understanding, bases of elaboration - Conclusion - Bibliography.

 

 

 

236. THE EFFECTS OF CONSTITUTIONAL COURT DECISIONS ON OTHER JURISDICTIONS

Gli effetti delle decisioni delle giurisdizioni costituzionali sulle
giurisdizioni ordinarie

Proceedings of the XIIth French-Italian Juridical Days, organized by the Société de Législation Comparée in collaboration with CNPDS, held in Paris, France, 7th-10th October 1987

Journal “Giustizia e Costituzione” - Nos. 3-4 - 1988 - 109 pages

 

PRESENTATION

This Volume contains the transactions of the Twelfth French-Italian Juridical Days, organized by the Société de Législation Comparée in collaboration with the Centro Nazionale di Prevenzione e Difesa Sociale and held in Paris 7th-10th October 1987, with the theme “The effects of Constitutional Court decisions on other jurisdictions”. The Meeting held its first session on Civil Law and Criminal Law aspects at the Court of Cassation on 8th October, whilst the Administrative Law aspects were dealt with on 9th October in the General Assembly Hall of the Council of State; finally, the subject of the authority of the Constitutional Court’s decisions was debated at the Constitutional Council. The French-Italian Juridical Days have been held regularly in France and Italy since 1956. The subjects dealt with are of great topicality and practical interest. The theme on Constitutional control is a matter closely touching upon public opinion, both for its notable results and for the increasingly stimulating themes, which are topical and important, in the ambit of the two juridical systems. As regards the theme for these Twelfth Days: they examined from various aspects the whole range of Constitutional Justice. Although the two juridical systems differ in a number of ways, because of the different political situations, they have one essential element in common: their concept of man and political and social life. The formal differences can only make the confrontation more useful, especially for the evolution and progress of Constitutional Justice.

 

CONTENTS

Introduction - Summary of the proceedings - Constitutional jurisdiction and civil jurisdiction (N. Lipari, G. Rouhette) - Constitutional jurisdiction and criminal jurisdiction (H. Dontenwille, M. Chiavario) - Constitutional jurisdiction and administrative jurisdiction (A. Pizzorusso, L. Favoreu) - The authority of decisions of the Constitutional Court (F. Saja).

 

 

 

237. TOWARDS A NEW CRIMINAL JUSTICE

Verso una nuova giustizia penale

Proceedings of the Study Conference held at Lecce, Italy, 18th-20th March 1988

No. 16, Collection of Study Conferences “Enrico de Nicola - Current Problems of Law and Criminal Procedure”

Ed. Giuffrè - Milan - 1989 - 328 pages

 

PRESENTATION

This Volume contains the proceedings of the Study Conference held at Lecce in March 1988, concurrently with the final stages of the submission of the new Code of Criminal Procedure to the Bicameral Parliamentary Commission. The Conference mainly concentrated on the sequence of events in the investigative process, including: the initial enquiries, the guarantee implicit in the supervision and intervention if necessary of the court, the preliminary hearing, abbreviated proceedings and “plea bargaining”, and measures affecting personal liberty; also those associated with the execution of the sentence, with particular regard to the role of the public prosecutor in the new process. Other reports deal with the court hearing, the “cumulative” process, the proceedings before the “pretore” (local stipendiary magistrate), the position of the defending advocate in proceedings under the new Code and the requisite amendments to the judicial system. Consequently, the whole of the “new criminal justice” falls to be appraised, giving rise to a wide-ranging and vigorous debate.

 

CONTENTS

Inaugural session (A. Melica, S. Fitto, A. Sebastio, C. Smuraglia, G. Conso, V. Aymone, G. D. Pisapia) - Words in memory of Michele De Pietro (G. Vassalli) - Proceedings of the Conference: Introductory Report (G. D. Pisapia) - Reports: Preliminary stages of the investigation (P. L. Vigna) - The guarantee of court supervision/intervention in the course of the preliminary investigations (V. Grevi) - The initial hearing in the new Code of Criminal Procedure (E. Amodio) - Abbreviated hearing and “plea bargaining” (G. Lattanzi) - Measures affecting personal liberty in the light of the second Delegated Law and the parliamentary proposals for a new Code of Criminal Procedure (M. Chiavario) - The Court hearing (D. Siracusano) - The “cumulative” process under the new Code of Criminal Procedure (G. Neppi Modona) - Proceedings before the “pretore” (local stipendiary magistrate) (O. Dominioni) - The new Code of Criminal Procedure and amendments to the juridical system (V. Zagrebelsky) - Communications: The position of the public prosecutor in the new Code of Criminal Procedure (E. De Nicola) - The position of the defending advocate in proceedings under the new Code (G. Frigo) - Verbal contributions: G. Catelani, L. Violante, M. Pisani, E. Bruti Liberati, G. Colombo, L. De Liguori, L. Iossa, A. Caponetto, C. Manco, A. Lombardo Pijola, A. Pennisi, A. Marasco, A. Sodo, L. Caprioli, A. Guarino, G. Pecorella, M. Maddalena, L. Rubini, G. Neppi Modona - Concluding remarks (G. Conso).

 

 

 

238. EFFICIENCY AND EFFECTIVENESS OF THE PUBLIC HEALTH SYSTEM

Efficacia ed efficienza del sistema sanitario

Edited by Aldo Dell’Oro and Gianandrea Goisis

Ed. Giuffrè - Milan - 1989 - VIII 116 pages

 

PRESENTATION

The Scientific Council of the Centro Nazionale di Prevenzione e Difesa Sociale drew attention at one of its meetings to the timeliness, in view of the current conflicting information on various social phenomena, of focusing attention on the dystonias within the public health system - a part of the “soft under-belly” of a public system not free from a considerable range of criticisms.The Committee felt that a multi-disciplinary approach to the subject required a prestigious centre for its work, choosing for this purpose Milan University. This Volume assembles the reports delivered to the Conference, which was organized by the Milan Faculty of Jurisprudence together with the Centro Nazionale di Prevenzione e Difesa Sociale. The presence, alongside teachers and researchers from the various academic and practical sectors, of politicians already engaged in parliamentary activities in the public health area, follows the traditional approach of the University and the Centro Nazionale di Prevenzione e Difesa Sociale , with the aim that useful ideas expressed within a Conference may serve as a basis for effective economic policies. In order that the work of the organizers and participants in the Conference may be brought to the attention of all interested persons, arrangements were made to publish its proceedings. These demonstrate, in addition to the intrinsic merit of individual contributions, the overall determination to achieve a socially useful result.

 

CONTENTS

Foreword (A. Dell’Oro, G. Goisis) - Introduction (P. Mantegazza) - Reports: Introductory Report (G. Goisis) - Public health reform and prevention (A. Ca­valleri) - An outline in view of the amendment of Law No. 833 of 1978 (G. Rotelli) - Training of public health staff (A. Bompiani) - How a decade may extend if it does not embrace changes in society (R. Artioli) - Quality control and civic rights in the national health service (L. Benevelli) - Shorter Papers (F. De Fazio, G. M. Fara, M. Goisis, C. Hanau, B. Maggi, V. Pederzoli, A. Scala, S. Sterpi, M. V. Cernigliaro Dini).

 

 

 

239. SOCIOLOGY OF HUMAN RIGHTS

Sociologia dei diritti umani

Edited by R. Treves and V. Ferrari

Articles by N. Bobbio, S. B. Bobotov, W. M. Evan, V. Ferrari, V. Frosini, J. F. Glastra Van Loon, D. Kalogeropoulos, J. Kurczewski, G. Peces-Barba Martinez, R. Pérez Perdomo, A. Podgorecki, R. Treves, E. Viano

Published with the support of the Italian National Research Council

No. 16, Collection of Sociology of Law

Ed. Franco Angeli - Milan - 1989 - 190 pages

 

PRESENTATION

In 1988, the Annual Conference of the Sociology of Law Research Committee of the International Sociological Association, which was held at Bologna University as part of the celebrations to mark its Ninth Centenary, under the aegis of Sociology of Law and of the Centro Nazionale di Prevenzione e Difesa Sociale, was devoted to the theme “Laws and Rights”. This subject, which aimed to focus particularly on the rights of the individual, was approached from a number of directions: the relationship between theory, history and sociology of law, the relationship between the law and the economy and, especially, the sociology of human rights. This last theme was most important, because it had never been specifically tackled in the course of the Committee’s work, and because it coincided with the fortieth anniversary of UNO’s Universal Declaration and the eve of the two-hundredth anniversary of the French Revolution. The Conference devoted a Round Table discussion to human rights, which was held on 31st May at the Rasi Theatre in Ravenna and also a session which took place on 1st June at Bologna University. The subject of human rights was also examined during other parts of the Conference, especially by the working party on “juridical systems and social systems”, in a one-day session on 2nd June. This volume presents, in a preview and in the Italian version, the contributions made at the Round Table in Ravenna, which was structured so as to offer the widest possible approach to the subject.

 

CONTENTS

Human rights and sociology of law (R. Treves) - Human rights and society (N. Bobbio) - Human rights in the Soviet Union. Lines of reform (S. V. Bobotov) - Human rights, nation-state and transnational law (W. M. Evan) - Towards a sociology of human rights in the technological age (V. Frosini) - Two reflections on law and society (J. F. Glastra Van Loon) - The International Convention against all discrimination against women (D. Kalogeropoulos) - Resurrection of rights in Poland (J. Kurczewski) - On the basis of human rights: a problem of morals and of law (G. Peces-Barba Martinez) - The time taken by penal proceedings and human rights: a problem for juridical sociological study in Latin America (R. P. Perdomo) - Towards a sociology of human rights (A. Podgorecki) - The rights of victims and the policy of justice in USA: reflections at the time of the bicentenary of the American Constitution (E. Viano) - Sociology of human rights: concluding remarks (V. Ferrari).

 

 

 

240. BANK ASSESSMENTS

Juridical principles and operational problems

Gli accertamenti bancari. Principi giuridici e problemi operativi

By Franco Riolo

No. 1, Collection “Documents on Organized Crime”

Ed. Giuffrè - Milan - 1990 - VI 112 pages

 

PRESENTATION

Among the research and studies upon which the Centro Nazionale di Prevenzione e Difesa Sociale has concentrated, considerable work has been devoted to studying the current situation resulting from the inter-linking of crime and the economy. A collection of publications has been devoted to this study. Its inspiration derives from two observations: despite the increasingly alarming connexions between crime and the economy which are constantly publicised by the press and the media, despite the plethora of conferences, seminars and congresses, despite the protestations for greater and more timely interventions on the part of the institutional machinery, the state of actual knowledge about economic crime remains incomplete and usually fragmented. To offer room for analysis of organized crime, economic crime and their links, from the various aspects native to the authors’ fields of expertise, will permit an undoubtedly multi-faceted picture of the theme, but one which will have the common aim of providing both scholars and practitioners with a useful approach to the phenomenon and starting points for further in-depth investigation.

 

CONTENTS

The advantages of a continuous dialogue between the Courts and the Banks - The juridical nature of banks: the stages of the arduous jurisprudential route - The rules of the game: banks are businesses, not organs of the police. Summary of principles - Notes on the computerised information systems of the major banks. Legislative framework for the powers possessed by the investigative organs - The base-norm for penal investigation: Art. 340, Code of Criminal Procedure - Banking enquiries in the context of the preventive measures of anti-Mafia legislation - Judicial provisions for the control of bank-notes - Proposals for rationalizing the investigative procedures - Money laundering: a phenomenon which is not new, with international connotations.

 

 

 

241. CESARE BECCARIA AND MODERN CRIMINAL POLICY

Cesare Beccaria e la politica criminale moderna

Proceedings of the International Conference held in Milan, Italy, 15th-17th December 1988

Ed. Giuffrè - Milan - 1990 - VIII 458 pages

 

PRESENTATION

This Volume contains the proceedings of the International Conference convened by CNPDS and the Ministry of Justice of Italy, which was devoted to modern criminal policy. The Conference was attended by scholars from every part of the world, presenting papers and other communications on the theme. Every aspect of criminal policy was examined referring to the innovatory thought of Cesare Beccaria.

 

CONTENTS

Opening addresses (P. Pillitteri, P. Mantegazza, E. Harremoes, M. J. Anstee, M. Ancel and G. Spadolini) - Introductory Reports (G. Vassalli and R. Badinter) - 1. Cesare Beccaria: Death penalty and torture (G. D. Pisapia and M. Barbero Santos) - 2. Cesare Beccaria and criminal policy (G. Neppi Modona and G. O. W. Mueller) - 3. Cesare Beccaria and the penal process (M. Pisani and H. Schüler-Springorum) - 4. The thought of Cesare Beccaria on criminal policy in the world (M. Delmas-Marty) - Communications.

 

 

 

242. INFORMATION IN THE ECONOMY AND IN LAW

L’informazione nell’economia e nel diritto

Proceedings of the 1st International Conference of the “Giordano Dell’Amore” Observatory on the Relations between Law and Economics of the Centro Nazionale di Prevenzione e Difesa Sociale, held in Milan, Italy, 30th-31st March 1989

No. 6, Cariplo Report Series - Milan - 1990 - 388 pages

 

PRESENTATION

This Volume collates the reports and other contributions by participants in the Conference which was organized by the Centro Nazionale di Prevenzione e Difesa Sociale under the auspices of the Cassa di Risparmio delle Provincie Lombarde and held in Milan on 30th and 31st March 1989, as part of an initiative focusing in depth on the relationships between the law and the economy. This objective gave rise to the “Giordano Dell’Amore Observatory”. The Congress dealt with the economic aspects, with an analysis of the role of information both at the level of economic theory and the concrete functioning of modern economies. It analysed a variety of subjects dealing with major organizations, the Stock Exchange and the banks. With regard to the juridical aspects, a study was made of the role of information in the system relating to the structuring of public and private economic institutions with reference to Company Law.

 

CONTENTS

General Introduction. Economy and Law. Problems of structural links (N. Luhmann) - Introduction to the economic aspects (G. Mazzocchi) - Information and economic behaviour (L. Campiglio) - Technology and organizations in the ‘90s (F. Flores) - Uncertainty and decision making: theory and practice (H. Raiffa) - Introduction to the juridical aspects (P. G. Jaeger) - The right to economic information in today’s Constitutions (A. Predieri) - Company information and controls (Public Law aspects) (F. Piga) - Secrecy and transparency: the role of information law (H. Burkert) - The role of information in economics (P. Hammond) - Information within organizations (J. G. March) - Imperfect information and consumer protection (A. Schwarz) - Information, Stock Exchanges and banks (C. Santini) - The role of information in the labour market (C. Dell’Aringa) - Verbal contribution (L. Corradini) - Information and the enforcement of regulation (R. Baldwin) - Economic information and the Law of the person (A. V. Gambaro) - The Public Statistical Service and businesses (A. Baldassarre) - Information in relations between businesses and workers: the system in France (A. Lyon Caen) - Information and the financial market (R. Costi) - Information in relations between businesses and workers: the system in Italy (T. Treu) - Information and the environment in Italian Law (M. Libertini) - Personal information on consumers and marketing efficiency versus privacy? The recent Dutch Data Protection Act of 1st January 1989 (J. J. C. Kabel).

 

 

 

243. MONEY LAUNDERING

The judicial instruments for controlling illicit movements of funds, with the amendments introduced by the new anti-Mafia Law

Il riciclaggio. Gli strumenti giudiziari di controllo dei flussi monetari illeciti con le modifiche introdotte dalla nuova legge antimafia

By Gherardo Colombo

No. 2, Collection “Documents on Organized Crime”

Ed. Giuffrè - Milan - 1990 - 206 VIII pages

 

PRESENTATION

The second Volume of the Collection on organized crime, provided by the collaboration between the Centro Nazionale di Prevenzione e Difesa Sociale and the Municipality of Milan, is the result of the initiative jointly conducted by the two bodies to identify the various forms of crime operating in the Milanese area and to formulate possible responses in order to counteract their most dangerous manifestations. This gave rise to the reflections, which are now of great topicality, on the presence of the Mafia in Lombardy. These reflections, subsequently developed in an important part of a more detailed research, served as a starting-point and framework for examining the recycling of crime-sourced funds, providing a constant stimulus for deeper enquiry into the theme of “money laundering” both in Italy and abroad. The subject is tackled with a close analysis of the phenomenon of laundering illicit profits and the solutions employed through the Criminal Law in its various aspects, both in Italy and other countries.

 

CONTENTS

Introduction - The production of illicit capital - The circulation of illicit capital: preliminary considerations and the phenomenological aspect of money laundering - The investment of illicit capital - Criminal Law intervention against the production of illicit capital: investigative activity aimed at preventing the production of illicit capital, deferred payments, repeated payments, differentiated enquiries - Criminal Law intervention against the circulation of illicit capital : instances not directed specifically against the repression of money laundering, instances of the crime of money laundering in Italian legislation, the new crime of money laundering, prospects of penal action against money laundering at an international level: - Some positions adopted by the international community with regard to money laundering, the repression of money laundering in some foreign systems, legal regulations in USA, legal regulations in France, legal regulations in Switzerland - Pending legislative proposals - Criminal Law intervention against the investment of illicit capital and similar instances - Some general considerations on the new offence of money laundering and the utilization of crime-sourced funds - Instruments intended to unmask the circulation and investment of illicit funds - The new Code of Criminal Procedure - Controls on economic handling of funds through credit and financial institutions - Some foreign experiences - Controls over personal property markets and credit institutions - Controls over public sector contracts - Concluding considerations.

 

 

 

244. REASONS OF LAW AND REASONS OF ECONOMICS

Ragioni del diritto e ragioni dell’economia

Edited by V. Pocar and N. Velicogna

Articles by G. Alpa, R. Bettini, F. Bosello, G. Calabresi, G. Ceccanti. G. P. Cella, M. Corsale, G. Corso, A. Febbrajo, F. Galgano, T. Gerdji Kova, L. Lombardi, S. Maffettone, V. Pagano, R. Pardolesi, F. Romani, E. U. Savona, A. Tanzi, V. Tomeo

Published with the support of the Italian National Research Council

Ed. Franco Angeli - Milan - 1990 - 308 pages

 

PRESENTATION

This Volume gathers the results of the studies and contributions presented and discussed at a Conference held in Siena, 22nd and 23rd March 1989, on “Reasons of law and reasons of economics”. The subject was approached in the context of the activity of the Centro Nazionale di Prevenzione e Difesa Sociale, examining changes in the social environment, politics and economics that have occurred during recent years. The relations between law and economics have attracted the interest both of the sociological and the juridical cultures, giving rise to studies and research which deserve consideration, not only for their intrinsic content but also in the context of a joint, inter-disciplinary perspective. The fact that institutional data and juridical organization are conditions of the system of economic relations and provide one of the factors in the calculation of costs is a principle of general application, already present in the thought of classical economists. In recent times, this theoretical assumption has met with detailed research, following the forerunner studies of Coase and Stigler, who have set up the well-known guidelines for academic and scientific work under the name “economic analysis of the law”. This, therefore, is the first way of understanding the relations between law and economics: a perspective in which it is possible to study the relationships of Private Law in a market economy. A second way of considering the relations between law and economics concerns the analysis of public policies (which has been particularly developed by political science scholars). A third way is the analysis of common doctrinal matrixes underlying the juridical and economic cultures. These three ways of understanding the relations between law and economics indicate three different routes for study and discussion. Consequently, the Centro Nazionale di Prevenzione e Difesa Sociale, the Journal “Sociology of Law”, the Faculty of Jurisprudence at Siena University and the Section of Sociology of Law of the Italian Sociological Association have promoted a debate, in which jurists, economists and sociologists have joined in a common analysis of the reasons of law and of economics, in an effort to overcome the limitations and inadequacies of the traditional forms of language with which people continue to describe juridical and economic institutions.

 

CONTENTS

Reasons of law and reasons of economics (V. Tomeo) - Private Law instruments and economic exigencies. A hypothesis symptomatic of corrective, adhesive or distorting interventions in the rules of the market (G. Alpa) - The theorem of the administrative coverage of laws (R. Bettini) - Certainty of the law in fiscal relationships (F. Bosello) - The future of economic analysis of the law (G. Cala­bresi) - Hierarchical relationships and co-ordinating relationships in social
production (G. Ceccanti) - Economic behaviour and social rationality (G. P. Cella) - Social policy and non-government of innovation (M. Corsale) - The State as the fount of benefits. Criteria for distribution, juridical techniques and effects (G. Corso) - Law and economics in the thought of Bruno Leone (A. Febbrajo) - Sources of law in the post-industrial society (F. Galgano) - A radical economic reform and some of its consequences. The case of Bulgaria (T. Gerdjidickova) - Corruption as a crucial moment in the process of allocating resources (F. Lombardi) - Pragmatic consolations for misplaced interpretations (S. Maffettone) - Endogenous interpretation of property rights in a market economy (U. Pagano) - A modern Minotaur: Law and economics (R. Pardolesi) - Law and economics: the perspective of an economist (F. Romani) - A neglected sector: economic analysis of the criminality of Criminal Law and the penal justice system (E. U. Savona) - Italian efforts towards economic programming: Law and economics positioned between utopia and project rationality
(A. Tanzi).

 

 

 

245. EFFECTIVE NATIONAL AND INTERNATIONAL ACTION AGAINST: A) ORGANIZED CRIME; B) TERRORIST CRIMINAL ACTIVITIES

Contribution to Topic 3 of the VIIIth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, presented to the VIIth Joint Colloquium at Bellagio, Italy, 4th-7th May 1989, organized by CNPDS in collaboration with the Ministry of Justice of Italy, the Lombardy Region, the Municipality and the Provincial Administration of Milan

Published in French and English

Milan - 1990 - 174 pages

 

PRESENTATION

This Volume, produced by the Centro Nazionale di Prevenzione e Difesa Sociale, with the support of the International Penal and Penitentiary Foundation and in collaboration with the Ministry of Justice of Italy, the Region of Lombardy, the Provincial Administration and the Municipality of Milan, assembles the Reports presented to the Seventh Joint Colloquium at Bellagio (4th-7th May 1989), the subject of which was “Effective national and international action against organized crime and terrorist criminal activities”, in the context of Topic 3 of the Agenda of the VIIIth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

The conclusions and recommendations of the Colloquium were presented and approved during the Extraordinary Meeting at Syracusa, held at the International Institute of Higher Studies in Criminal Sciences. These were directed to form part of the preliminary work in preparation for the VIIIth United Nations Congress on the Prevention of Crime and Treatment of Offenders.

 

CONTENTS

Introduction - Conclusions - Recommendations - General Reports: a) International Association of Penal Law (M. C. Bassiouni); b) International Society for Criminology (E. Castillo Barrantes, G. Picca, A. Beristain); c) International Society of Social Defence (P. Arlacchi, R. Priore); d) International Penal and Penitentiary Foundation ( F. Bueno Arus) - Final Reports (A. Beria di Argentine, F. Di Maggio, R. Baalbaki).

 

 

 

246. SINGLE EUROPEAN MARKET, PUBLIC AND PRIVATE IN THE EUROPE OF THE 90s

Mercato unico europeo. Pubblico e privato nell’Europa degli anni ‘90

Proceedings of the Congress held in Milan, Italy, 15th-18th February 1990

Ed. Giuffrè - Milan - 1991 - 540 pages

 

PRESENTATION

This publication presents the proceedings of the Congress on “Single European Market, Public and Private in the Europe of the 90s”, which was held in Milan, 15th-18th February 1990. The occasion and the aims of the Congress were dictated by the process of European integration, perceived as the effort of the twelve Community Members to reinforce and intensify the links created between them by the treaties of Paris and Rome, with a view to the formation of a complete European Union. The supporting structure for this process lies in the institutions prescribed by those Treaties, which are called upon to implement the Community policies. But these policies necessitate collaboration between the Member States, each of which is required to institute domestically a large number of political and juridical Acts, which are consistent with the aims of the Community and are often destined to comply with them. In 1992, with the abolition of a great number of non-tariff barriers in the European Community, an area without frontiers will be brought into being, ensuring the free circulation of goods, persons, services and capital, with the eventual prospect of a single European currency. The attainment of this aim will call for major modifications both in the juridical and administrative apparatus of the various countries and in the conduct of many social categories. It is in this perspective that the studies have been pursued, resulting in the Reports and verbal contributions that were presented, dealing with social, economic and institutional aspects and the problems to which they may give rise.

 

CONTENTS

Social policy (G. De Rita) - Economic policy (T. Padoa-Schioppa) - Institutional policy (F. Benvenuti) - Social policy: - Public and private in social Europe (T. Treu; verbal contributions by P. Annibaldi, C. Cedrone and F. Bertinotti) - Social security (O. Castellino; verbal contributions by M. Colombo, L. Pallesi) - Scholastic and professional instruction (V. Pototschnig; verbal contributions by R. Massa and A. Roccella) - University teaching and scientific research (A. Figà Talamanca, G. Zampaglione; verbal contribution by P. Sylos Labini) - Rights of the consumer and user (G. Ghidini; verbal contributions by G. Alpa and T. Bourgoignie) - Economic policy: government of the economy (L. Spaventa; verbal contributions by R. Mazzotta and R. Prodi) - Control of public finance (Piero Giarda; verbal contributions by A. Graziani and V. Visco) - Regulation of businesses (Franco Piga; verbal contributions by O. Beltrami, G. Cagliari, C. De Benedetti, R. Gardini, P. G. Jaeger and C. Romiti) - Will the “public-private” dichotomy be overcome by the Single European Market? (Antonio Maria Costa; verbal contributions by S. Lombardini, A. Quadro Curzio and F. Reviglio) - Economic policy with regard to the developing areas (S. Cafiero; verbal contributions by C. Mazzotta and N. Novacco) - Banking system and financial market (J. P.Pessoa e Costa; verbal contributions by R. Banfi, G. Cantoni, A. Noto, F. Riolo, G. Minervini) - Fiscal regulation (V. Uckmar; verbal contributions by G. Maisto and J. Van Hoorn) - Institutional policy: -European integration and the regulation of Community policies in Italy (F. Capotorti; verbal contributions by C. Franchini and L. Daniele) - The normative function: Centralization and decentralization (S. Bartole; verbal contributions by F. Bassanini and A. Manzella) - Public administration and undertakings in the public services (G. Pastori; verbal contributions by P. Bassetti, B. Dente and K. Young) - Contractual procedures for acquiring public goods and services (A. Predieri; verbal contributions by G. Boncompagni, P. De Lise and A. De Roberto) - The identity and rights of citizens (A. Baldassarre; verbal contribution by N. Matteucci) - Information and telecommunication systems with 1992 in prospect (E. Cheli; verbal contributions by M. Losano) - European integration and jurisdiction (G. F. Mancini; verbal contributions by L. Ferrari Bravo and A. Saggio) - Concluding Round Table (G. Spadolini, F. Forte, G. Pellicanò, L. Rossi Bernardi, A. Tortorella, B. Andreatta, G. Malagodi, G. Carli).

 

 

 

247. AID TO WOMEN

Guide to the services for ill-treated women

Aiuto Donna. Guida ai servizi per la donna maltrattata

Publication realized as part of the research project of CNPDS on “Conjugal violence in Milan”, promoted by the Lombardy Region

Milan - 1991 - 122 pages

 

PRESENTATION

This is a publication in which, in the context of research into the phenomenon of ill-treatment of women by their cohabiting spouse or partner, information is given, in a particular form of indexing, on the existence and location in the Milanese area of public and private centres to which the ill-treated woman can turn for a response to her problems. The index summarizes the fruits of the research and is followed by a genuine census which aims to offer, both to those affected and to the practitioners involved in their problems, a consultative instrument as well as a means, in relevant cases, of promoting possible forms of intervention. Details are given of the reception and consultative centres, and of catholic and lay consultants, with indications of the features characterizing their organizational and operational structures, as well as more immediate information intended to lead to the most appropriate choice for each case. Family consultants and the USSL services are not included, since these are the subject of a separate study by the research group. The questionnaire which precedes the list of index entries, details the services and facilities available at each centre, so as to take a census of other centres located outside the Milanese and Lombardy territories.

 

CONTENTS

Introduction - Questionnaire - Reception centres: 1. - Casa di accoglienza delle donne maltrattate - 2. Casa materna per asili nido - 3. Casa dell’accoglienza-suore della Carità di S. Giovanna Antida Thouret - 4. Centro accoglienza ambrosiano per giovani madri in difficoltà - 5. Centro Bambino Maltrattato -CBM - 6. Centro di aiuto al bambino maltrattato e alla famiglia in crisi-CAF - 7. Casa Orientamento Femminile - 8. Comunità Letizia - 9. Villaggio della madre e del fanciullo - Consultancy services: - 1. Centro Azione Milano donna - 2. Centro Diritto delle Donne presso UDI - 3. Centro Donna di Rozzano - 4. Centro Informazione Donna, Sesto S. Giovanni - 5. Filo Diretto Donna UILM - 6. Telefono Rosa, Monza; - Catholic consultants: - 1. Centro ambrosiano di assistenza alla famiglia, Via Bergamini - 2. Consultorio Decanale di Niguarda, Via Valmaira - 3. Consultorio familiare, Viale Restelli - 4. Centro di assistenza alla famiglia del Decanato di San Siro, Via Tonezza - 5. Consultorio La Famiglia, Via Arese; - Lay consultants - 1. Centro Educazione Demografica - 2. Centro Educazione Matrimoniale e Prematrimoniale-CEMP - 3. Centro Problemi donna - 4. Centro studi coppia - 5. GeA-Genitori Ancora.  

 

 

 

248. THE LAUNDERING OF CRIME-SOURCED CAPITAL

Importance of the phenomenon and counter-strategies in fiscal
matters

Riciclaggio dei capitali illeciti. Rilevanza del fenomeno e strategie di contrasto in materia fiscale

by Luigi Magistro

No. 3, Collection “Documents on Organized Crime”

Ed. Giuffrè - Milan - 1991 - IX 220 pages

 

PRESENTATION

This is the third volume in the Collection devoted to organized crime which has been produced by the Centro Nazionale di Prevenzione e Difesa Sociale in collaboration with the Municipality of Milan. The effects of the re-conversion of Mafia capital into ordinary, and apparently unsuspicious, investments in the “clean” economy are present for all to see, especially in terms of the pollution of markets and transgression of the rules underlying the economic regime of free competition. Less well-known, but equally disquieting, are the consequences of money laundering in the fiscal sector, which cause enormous damage to the public economy. This observation has led the author to make a close examination of the problems caused by the growth and further expansion of the Mafia presence in the economy.

 

CONTENTS

The importance in the fiscal sector of the laundering of crime-sourced funds: -The presence of the Mafia in the economy and the laundering of illicit funds - Evolution of the phenomenology. The consequences within the fiscal sector - Dysfunctions of the taxation system and lack of the so-called “fiscal transparency” as causes promoting the expansion of money laundering - The relationship between tax evasion and anti-laundering actions - Money laundering and the tax system: - Problems regarding the taxation of illegal activities - The
utilization of illicit funds in economic-financial activities and the application of taxation - The theory of non-taxability of illicit activities - The theory in favour of taxability - Conclusions regarding the taxability of the proceeds of money laundering - The area of fiscal illegality connected with money laundering: - The effects of the investment of “illicit” capital in terms of breach of taxation regulations - The invoicing of fictitious operations - The privileged relationship between invoicing fictitious transactions and the laundering of illicit funds - Money laundering by means of “black” acquisitions - Fiscal crime “induced”
by money laundering phenomena - Consequences of introducing fictitious intermediaries - The inadequacies of the taxation system: - The “loss of tax legality” - The paradox of “fiscal” banking secrecy - Further normative and structural dysfunctions - The role of fiscal instruments in the more recent developments
of counter-laundering strategies: - The most recent developments in counter-laundering action - Intervention in the penal field - Strategies based on prevention in matters concerning property - “Emergency” normative interventions - Prevention of the use of the financial system for money laundering purposes - Use of the system of fiscal controls in action against money laundering - Specific controls and generalized supervision. Specific fiscal controls: shape of the institutions envisaged by anti-Mafia regulations: - Verification of the fiscal position - The objective content of the activity - The special powers granted for checking the fiscal position - Authority for carrying out the enquiries - The subjective reference framework for carrying out enquiries: - The periodic checking of property-holding variations - General provisions for supervision in fiscal matters - The control activities of the fiscal police force: - General provisions for fiscal supervision when faced with money laundering situations - The structure and functions of the organs of the fiscal police - The role of the Customs Service in the strategy for identifying investments of illicit funds - Practical lines of action already under way - The potential role of the Financial Authorities - Informational support for control activities: - The need for informational support - The informational system of the Taxation Register - The Computer Centre of the Police Department - The system for fiscal detection of international financial transactions - The Centralized Data Bank for gathering and developing information on financial operations: the future of the fight against money laundering - Appendix of laws and regulations.

 

 

 

249. COMMUNITY REGULATION OF KNOW-HOW LICENSING

La disciplina comunitaria delle licenze di know-how

By Sebastiano Guttuso and Aurelio Pappalardo

Published with the support of the Italian National Research Council

No. 10, Collection “The Law of the European Communities: Problems and Trends”

Ed. Franco Angeli - Milan - 1991 - 285 pages

 

PRESENTATION

This Volume is published with the financial support of the Italian National Research Council in the framework of its established relationship with the Centro Nazionale di Prevenzione e Difesa Sociale. The Authors have focused on the strengthening of the technological potential of industry, which, for some time, has been a priority among individual Members of the EEC at a Community level: the economic background and the politicians have become familiar with the close link between technological innovation and business competitiveness, and the resulting need and urgency to support, on the one hand, access by Community industry to the new technologies and to remedy, or at least reduce, on the other hand, the imbalance which has progressively developed in this area in world markets increasingly open to trade between the States of the Old World and their traditional competitors, especially Japan and USA, so as to strengthen the scientific and technological base of European industry and support its international competitivity. In fact, the Community institutions for some years have been pursuing a policy of co-ordination and support for national initiatives to encourage business, including small and medium-sized firms, research centres and universities in their efforts towards research and technological development, where they take appropriate steps to provide reciprocal collaboration. The study of this discipline, in particular in relation to know-how, occupies the principal part of this work: the topicality of this aspect of the technological policy of the Community is illustrated in the Introductory chapter, referring to the studies which underline the critical role of know-how in today’s economy. The analysis takes account both of competition policy and technological policy aiming to stimulate the technological progress of European industry.

 

CONTENTS

Considerations on the technological policy of the Community - General considerations on the transfer of technology and the concept of know-how - Intellectual property rights and know-how with regard to Community Competition Law and the free circulation of goods - Conflict possibilities and their solution - The application of the EEC Treaty’s Rules of Competition - Comparative Law aspects: the US experience and Community experience - Observations on the current system in USA - The main differences - Peculiarity of know-how licences relative to patent licences - Decisions preceding the adoption of the regulation of know-how - The know-how regulation structure and its field of application: Structure, Premiss, Field of application - Appendix: Regulation (EEC) No. 2349/84 of the Commission, 23rd July 1984 - Regulation (EEC) No.418/85 of the Commission, 19th December 1984 - Community regulation of State assistance for research and development (86/C 83/02) - Regulation (EEC) No. 556/89 of the Commission, 30th November 1988 - Council decision of 23rd April 1990 (90/221/Euratom, EEC) - Documents - Bibliography.

 

 

 

250. NORMAL LIVES

Le vite normali

Edited by Riccardo Massa

CNPDS research promoted by the Assessorato all’istruzione e alla formazione professionale of the Lombardy Region

Edizioni Unicopli - Milan - 1991 - 253 pages

 

PRESENTATION

This Volume presents the results of a research study undertaken at the initiative of the Centro Nazionale di Prevenzione e Difesa Sociale on behalf of the Region of Lombardy’s Council on Professional Instruction and Training in the field of young persons and their problems. The research focused on the image of young persons, shown by several sociological studies, especially in relation to problems of drugs, delinquency and their resulting hardships. Direct approaches were adopted to situations showing social risks, by means of the narration of life-stories: young people (18-24 years of age - university students, workers, male and female) disclosed their own difficult experiences.

 

CONTENTS

The scheme of the research (R. Massa) - The words of oneself (A. Franza) - Growth and change (D. Demetrio) - Towards adulthood in the history of salient events - Areas and conflicts: the vocabulary of transcription - Retreat into a web: forty individual cases - Holograms of training and styles of dissimilarity: indicators in the images - Two symbolic cases - The material life (A. Rezzara) - The structure of the narratives - The phases - The plot - The scenarios - The persons - The activities and aims - The needs and responses - Everyday life and training - The sources: figures of repetition (P. Mottana) - Places of origin - A
list of sources - Father/mother - Grandparents - Teachers and masters - School and family - Environmental intermittences - Brothers and sisters - Male and female friends - The educator - Love - The singularity of the stories - Impressions and examples (M. G. Riva) - Chaos inter alia - Surroundings and impressions - Representations and affections - Surroundings and affections - Projective representations - Representations of the world - Friends and love - Self-images and personal elaborations - Representation of the school - Representation of growing problems - Beyond the everyday (L. Gualandi) - Contents and meanings - What accompanies every story (R. Massa).

 

 

 

251. CONTROL OF THE CONSTITUTIONAL LEGITIMACY OF LAWS IN ITALY AND FRANCE

Il controllo di legittimità costituzionale delle leggi in Italia e in Francia

Proceedings of the XIVth Italian-French Juridical Days, organized by the Société de Législation Comparée in collaboration with CNPDS, held at Milan-Bellagio, Italy, 8th-10th June 1990

Journal “Giustizia e Costituzione” - Nos. 3-4 - 1991 - 87 pages

 

PRESENTATION

This Volume publishes the Reports presented to the Fourteenth Italian-French Juridical Days devoted to “The control of the Constitutional legitimacy of
laws in Italy and France”. These Study-Days of Italian and French jurists are organized at regular intervals on juridical themes of common interest. The Centro Nazionale di Prevenzione e Difesa Sociale has been nominated since 1956 as the reporting point for Italy. The spread in various countries of Western Europe, and now also in those of Eastern Europe, of systems for controlling the constitutional validity of various forms of jurisdiction - which by general consent finds its best proof in more than thirty years of Italian experience - has opened up new prospects and new problems, not only in the field of Public Law but also in the general theory of law. A recent Draft Bill, submitted to Parliament by the French Government, aiming to introduce the successive control of Laws through an interlocutory judgement, has aroused keen attention among Italian scholars. In Italy, indeed, there is thought of extending the jurisdiction of the Court with the institution of an “individual petition”. The manifold problems of a procedural and substantive nature, connected with these institutions, even in the diversity of national systems, have been the subject of three Study Days, opened by the President of the Republic of Italy.

 

CONTENTS

Subject I: - The different means of controlling the Constitutional legitimacy of laws in the Italian system (a posteriori) and in the French system (preventively): advantages and drawbacks of the two systems (Speakers: F. Luchaire - G. Zagrebelsky) - Subject II: The instances and methods of establishing a judgement on Constitutional legitimacy in Italy and France and the effects of the said judgement (Speakers: L. Favoreu - F. Roselli) - Subject III: Access of the individual to Constitutional justice: plea of Constitutional invalidity and direct individual petition (Speakers: B. Genevois - C. Mezzanotte) - Summary Reports (A. Voinnesson - J. Gicquel). 

 

 

 

252. ENVIRONMENT, ETHICS, THE ECONOMY AND INSTITUTIONS

Ambiente, etica, economia e istituzioni

Proceedings of the 2nd International Conference of the “Giordano Dell’Amore” Observatory on the Relations between Law and Economics of the Centro Nazionale di Prevenzione e Difesa Sociale, held in Milan, Italy, 21st-22nd March 1991

No. 10, Cariplo Report Series - Milan - 1991 - 339 pages

 

PRESENTATION

At this Conference, the problem of the environment, after a necessary introduction on its relationship with ethics, was approached by way of an inter-disciplin­ary perspective, which, while hinging on the problems of the economy and law, recognized the contributions deriving from other disciplines. This is the case with ethical problems, as with those requiring a more exact understanding of the mechanisms of self-regulation across the planet, together with possible points of violation. The environment poses new problems at the level of classical economic evaluations and juridical categories, which, during the Congress, were duly developed. Nearly twenty years of debate have passed following the stimulus of the Rome Club on “Limits to Development”: the aim of the Congress was to propose subjects and speakers capable of stimulating a comparable debate. At every level the conviction has grown that the planet to some extent belongs to everybody and yet the gravest difficulties are encountered in translating this recognition into the economic and institutional world. The result is that the planet is hurtling, in a historically brief period, towards the exhaustion of non-renewable resources without making due provision for future generations: all this while the progressive exhaustion of the globe’s natural wealth is accompanied by persistent imbalances throughout the world. The instruments for the economic measurement of quantities have been adjusted to the new qualitative problems of social life: the use of cost-benefit analysis techniques and the new methodologies of evaluating environmental impact provide a sign of the change that is coming about. At the institutional level, the legislator seems hitherto to have preferred forms of regulation: in fact the rules often seem to function better than the market, without appearing adequate for the environmental problems, especially in the major population centres, where the environmental question is a major issue, particularly in the light of the incessant process of urbanization throughout the world. Moreover, it is becoming ever more urgent to co-ordinate environmental policies at a European level, and also to define a more coherent environmental policy for Italy. The problem seems especially crucial with regard to choices in the energy field, including the disposal of toxic wastes. This leads to the final question posed, which concerns information and education, in the mass media as well as in schools.

 

CONTENTS

Welcoming address (R. Mazzotta) - Development: ethics and environment (C. M. Martini) - The economy and the environment (C. A. Ciampi) - Business and the environment (S. Pininfarina) - Energy and the environment (F. Reviglio) - Inter-temporal choices and the environment (L. Campiglio) - Development, environmental impact and territorial government: a difficult task of reconciliation (E. Balboni) - A cost-benefit analysis of environmental problems (W. D. Nordhaus) - Environment and territory: problems and perspectives (C. Pera) - Protection of the environment: the case of Milan (S. D’Angelo) - Property: what relationship between private property and community property? (G. Calabresi) - Rules or economic instruments for protecting the environment? (P. Bohm) - Law and “virtue” (E. Resta) - Management of the global environment: towards an economy of the environment in open economies (W. E. Oates) - The management of assets and community property: market or institutions (D. Siniscalco) - Final considerations on aspects of development and property (G. Mazzocchi) - Sovereignty: environmental risk and politics (N. Luhmann) - International co-ordination of environmental policies (T. P. Dunne) - The problem of the environment in new East-West relations (Z. A. Medvedev) - Is the idea of “sustainable development” sustainable? (D. W. Pearce) - Institutions: instruments for community policies in environmental matters (B. Caravita) - Right to the environment and right to health as human rights (A. Baldassarre) - Italian institutional policies in environmental matters (V. Onida) - Criminal Law aspects of protection of the environment (C. Pedrazzi) - Protection of the environment: role of the “New Social Defence” (D. McClintock) - Information and education on environmental problems (A. L. De Cesaris) - Final considerations on institutional aspects (A. Corasaniti).

 

 

 

253. NORMALITY OF LIFE AND SOCIAL EMERGENCE DURING ADOLESCENCE. AN INTER-CULTURAL CONFRONTATION

Normalità di vita ed emergenza sociale nell’adolescenza. Un confronto interculturale

Edited by Raffaele Mantegazza

Proceedings of the International Conference organized by CNPDS with the Aosta Valley Region, the Municipality of Milan and the Municipality of Courmayeur, under the auspices of the United Nations and the Ministry of Social Affairs of Italy and with the collaboration of RAI - Radiotelevisione Italiana

Courmayeur Mont Blanc, Italy, 23rd-25th June 1989

Casa Editrice Nuove Ricerche - Ancona - 1992 - 75 pages

 

PRESENTATION

The Conference aimed to make a confrontation among different viewpoints on adolescence: from professional pedagogues to politicians, to those dealing in information, to those acting in the judicial sector, etc., with a view to instituting a recurring International Forum to set up integrated lines of intervention in the social problems of adolescence at a global level, which range from a general loss of values on the part of young persons and adults to the problem of drug-addiction, the crisis of schooling, and which lead to the idea of “redesigning the cities according to educational exigencies”, thereby permitting them to become “adequate containers for developing the stage of adolescence”. The aim of the inter-cultural confrontation was to put forward the state of research into the adolescent condition in the various areas and at the same time to appoint critical analysers capable of restoring in a non-abstract, non-stereotyped way, the image of the adolescent today and tomorrow, and especially to show the costs which they must pay respectively according to whether the outcome is adjustment, conformity or delinquency within an increasingly complex society.

 

CONTENTS

Introduction - Considerations on a fleeting subject - Towards a positive definition - Between fade-out and dilatation - The possible relationship - Institutions and social policies: the failed response - Adolescence as a pedagogic laboratory: for a social history of needs - In place of a synthesis: adolescence between
emergency and normality.

 

 

 

254. SOCIETY AND VIOLENCE: A STUDY ON ILL-TREATED WOMEN AND MINORS

Società e violenza: un’indagine sulle donne e sui minori maltrattati

Research entrusted to CNPDS by the Consiglio Regionale and Assessorato al Coordinamento per i Servizi Sociali of the Lombardy Region, printed under the supervision of the Consiglio Regionale della Lombardia

Centro Stampa - Milan - 1992 - 164 pages

 

PRESENTATION

This Volume contains a research-study on violence towards women and child­ren within the family. The research programme, promoted in 1988 by the Region of Lombardy and by the Co-ordinating Council for Social Services, represents a moment for reflection and analysis on the theme of violence, and specifically violence within the family, at the end of a decade in which this subject has received widespread attention. It would be easy (and in some ways not far removed from reality) to assert that violence within the family has always
existed and there is nothing to suggest that it will cease to exist or will even
diminish in the years ahead. To conduct a research into abuse within the
family presents a task which not only gives to others (social workers, public health officials, politicians) the possibility to intervene in order to prevent and eliminate violence and abuse, but also gives the knowledge that the parents and partners may not be naturally violent people, so that violence erupts from
social and psychological conditions which may be changed or modified. The
research programme into family violence embraced three distinct studies,
which were completed in January 1991. The first dealt with violence against women in the family; the second with abusive behaviour against children; the third is an empirical examination of the perception and image of sexual violence. The phenomenon of family violence has been greatly studied from various angles: on the one hand the dynamics and means of concrete manifestation of the problem have been examined (research into violence against women and abuse of minors); on the other, the perception has emerged (or rather the
images, the emotive reactions, the judgements) which the phenomenon of
violence has at the mass level.

 

CONTENTS

First session: - Violence against women. A research on conjugal violence in Milan: Introduction - Conjugal violence in the Penal Code - The study of conjugal violence: a review of the principal research-works - Ill-treatment and violence: an analysis of the cases reported to the Milan Tribunale and Pretura (Magistrates Court) - Conjugal violence and the social services - The credibility of the woman in the development of criminal proceedings - The image of sexual violence: a survey among the adult Milanese population.

Second session: - Infancy and family abuse. A multi-faceted perspective in
the study of abuse against children - The profile of abusive families - Family
histories and intervention routes - Family inter-linkings - Abuse of children: norm of internality and social prognosis. A research with the operators.

 

 

 

255. AGAINST AND WITHIN

Crime, institutions and society

Contro e dentro. Criminalità istituzioni e società

Research by CNPDS and CENSIS (Centro Studi Investimenti Sociali), financed by the Bank of Italy, the Cassa di Risparmio delle Provincie Lombarde and the Cassa di Risparmio of Turin

Ed. Franco Angeli - Milan - 1992 - 279 pages

 

PRESENTATION

This Volume summarizes the results of research undertaken into the problems, and their economic implications, generated by criminal activities. It is important to underline that illicit activities and criminal acts are a sad inheritance for all societies, ours included: in the past, one faced an endemic and limited phenomenon, which did not cause undue concern in public opinion, whereas in recent times its recrudescence has stimulated particular alarm in Italian society. There is a notable lack of statistical data on the subject which tend to be partial and above all non-homogeneous, whether in relation to countries such as our own or by comparison with the past, in seeming to show that the typologies of crime are not always the same and tend to change with time.

 

CONTENTS

Part one: General considerations - Outline of the quantitative dynamics: the advent of crime as a profession, the combinatory facet of the Mafia, the breadth of illicit markets: - The qualitative aspects: the economy and securities subject to criminal influences, dynamic of the facts, dynamics of consciences - Part two: The “bill” for crime - The economic burden of illicit activities: simple and aggravated thefts, robberies, blackmail, kidnapping for ransom, frauds, extortion, money laundering, crimes against public administration, manufacture, trafficking and sale of drugs, currency offences, instigation, exploitation and procuring of prostitution, illegal gambling, unauthorized manufacture and sale of arms, smuggling, financial crimes - The economic burden of “legal” activities: the “legal” side, public works contracts, the “new frontier” of public services, financing routes - Part three: International comparisons:a global outlook- An analysis for the main countries - Appendix.

 

 

 

256. ANNOTATED CATALOGUE OF THE WORKS 1948-1992 PUBLISHED BY THE CENTRO NAZIONALE DI PREVENZIONE

E DIFESA SOCIALE

Catalogo ragionato delle pubblicazioni 1948-1992 del Centro nazionale di prevenzione e difesa sociale

Published in Italian with the support of the Banca Nazionale del Lavoro

Milan - 1992 - 301 pages

 

PRESENTATION

The success of the publication (No. 211 in this Catalogue, which presented the volumes produced by the CNPDS) and the broad consent which it received, suggested that the first (1983) edition should be updated. This exercise included more than 37 new works, still relating to the Centro’s particular institutional disciplines, whether scientific, social, juridical or economic, which bear witness to its uninterrupted activity of study and scientific research. This edition of the Catalogue was also edited by the Scientific Consultancy of the Centro.

 

CONTENTS

Introduction - Catalogue set out chronologically - Catalogue by subject-matter - Periodical publications.

 

 

 

257. SOCIAL DEFENCE, PROTECTION OF THE ENVIRONMENT AND FUNDAMENTAL RIGHTS

Défense sociale, protection de l’environnement et droits fondamentaux

Proceedings of the XIIth International Congress on Social Defence, Paris, France,  8th-12th October 1991

Published in French, English and Spanish

Milan - 1993 - 387 pages

 

PRESENTATION

The Congress endeavoured to consider the main aspects of the problem of the environment and, in particular, at the theoretical level of principles, the recognition that the environment is a fundamental value, whose protection should be at the same level as protection for basic human rights. This means, on the supra-legislative level (Constitutional and supra-national), the institution of normative instruments and on the practical level, an informed and realistic examination of the problems and the pitfalls to avoid. The work was undertaken on four sub-themes, each of which was then discussed at an international, regional and local level: a general analysis of the problems of the environment; formulation of norms and protection of the environment; application of protective norms; towards a criminal policy of the environment which will be diversified and evolutive in line with the Social Defence Movement.

 

CONTENTS

Inaugural Addresses (H. Nallet - C. Martelli - A. Tsitsoura - E. Vetere) - Homage to Marc Ancel (S. Rozès - A. Beria di Argentine) - General Reports: General approach to the problems of the environment (D. McClintock - L. Campiglio - A. Capria - L. Chabason - C. Lepage Jesua - C. Huglo) - Formulation of norms and protection of the environment (G. Heine) - Implementation of protective norms (M. Joutsen) - Towards a criminal policy of the environment, which will be diversified and evolutive in line with the Social Defence Movement (B. Beiderman) - Concluding considerations (M. Delmas Marty) - Closing addresses (A. Beria di Argentine - J. De Figueiredo Dias - G. Picca - H. Röstad).

 

 

 

258. THE VALUE OF COMPETITION

I valori della concorrenza

Proceedings of the 3rd International Conference of the “Giordano Dell’Amore” Observatory on the Relations between Law and Economics of the Centro Nazionale di Prevenzione e Difesa Sociale, held in Milan, Italy, 26th-28th March 1992

No. 12 - Cariplo Report Series - Milan - 1993 - 449 pages

 

PRESENTATION

This Volume presents the proceedings of the above-mentioned International Congress. It is set out in sections successively dealing with: the idea of competition in its different forms and content; the concentration of market power; competition in international markets; competition in protected sectors; protection of competition in Italy. The reports are followed by a Round Table discussion, which concluded the Congress.

 

CONTENTS

1. The idea of competition: the importance of competition in economic theory (J. Stiglitz) - Markets open to competition: an empty box or an instrument of economic policy? (J. Panzar) - Is competition a public asset? (D. Ulph) - Competition, income and profit (S. Lombardini) - 2. Forms and content of competition: excessive competition, as defined by the Japanese for Japan and other countries (R. Dore) - Research and development, technological innovation and effects on competition: a few cases compared (A. Quadrio Curzio) - The motives for competition: non-profit sectors, economic competition and political competition (L. Campiglio) - Forms, content and protection of competition in the United States (R. Starek III)- 3. Concentration and market power: old and new forms of import barriers (P. Sylos Labini) - The powers of the head of a group in multi-functional banking groups (G. Minervini) - Competition and pacts between major trading groups (W. de Jong) - Economic efficiency and concentration; are business mergers profitable? (S. Martin) - When and how is it profitable to merge? (S. Salop) - Power and market concentration (P. Rey) - 4. Competition in international markets: - Competition in international markets (G. Vickery) - New forms of protection for competition in Europe in 1992 (G. Mussati) - The value of competition in the credit sector (G. Lanciotti) - Standard, benefits of competition and market failure (P. Swann) - 5.Competition in protected sectors: the value and instruments of competition in higher education and in the public health sector (H. Hansmann) - Competition, inflation and protected sectors (G. Zanetti) - 6. The protection of competition in Italy: first summary and outlook: origin of the Italian control system and its position within the Community system (F. Romani) - Common elements and differences relative to other States (F. Gobbo) - The political and technical scope of the Law of 10th October No.287 (G. Militello) - Prospects for the application of the new Law for improving the national and Community economy (L. Cafagna) - Round Table (Chairman: M.Monti; Co-ordinator: O. Beltrami; Contributors: L. Abete, S. Berlusconi, G. M. Moratti, C. Passera, G. Porta, E. Presutti) - Conclusions (F. Saja).

 

 

 

259. THE DIRECTIVE IN THE ADMINISTRATIVE SYSTEM

La direttiva nell’ordinamento amministrativo

By Girolamo Sciullo

Published with the support of the Italian National Research Council and MURST (Ministero per l’Università e la Ricerca Scientifica e Tecnologica)

No.5, Collection of Public Law

Ed. Giuffrè - Milan - 1993 - XII 268 pages

 

PRESENTATION

This Volume is published with the support of the Italian National Research Council in the context of a contractual arrangement between itself and the Centro Nazionale di Prevenzione e Difesa Sociale, with the support also of the Research Fund  of MURST, administered by the Institute of Public Law of Verona University. The Author makes a detailed examination of the problems and their implications in the field of Administrative Directives, both in relation to the Italian juridical system and to that of other States, in particular Germany, France and England, referring also to the juridical disciplines in Private and Constitutional Law. The study further analyses the structures of Administrative Law, with special attention to cases of infringement and
non-compliance, and cases of invalidity of Directives.

 

CONTENTS

Origins of the Administrative Directive and resulting problems: anticipation of its results - General aspects of the Administrative Directive: Directives in the juridical disciplines of our system and in foreign juridical systems - The Administrative Directive in the Italian system - The concept of the Administrative Directive and its various implications - The juridical effectiveness of the Administrative Directive - Functional aspects of the Administrative Directive - The Administrative Directive and other public measures - Forms of response to non-observance of the Directive - Forms of reaction in the case of an invalid Administrative Directive - Conclusions: Summary of the results of the study a) the Administrative Directive as a unitary entity and b) its current significance.

 

 

 

260. ADMINISTRATIVE POWER AND PRINCIPLES OF THE SYSTEM

Potere amministrativo e principi dell’ordinamento

By Giovanni Sala

Published with the support of the Italian National Research Council and MURST (Ministero per l’Università e la Ricerca Scientifica e Tecnologica)

No. 6, Collection of Public Law

Ed. Giuffrè - Milan - 1993 - XIV 329 pages

 

PRESENTATION

This Volume moves from an initial analysis of the function recognizable today to the general principles of the system, in order to focus better on those which are specifically referable to administrative action. Although the cases decided in the Constitutional Court may convince that the principle of fair process - at least in the Regional system - the content and connotations to which they give rise are less certain. Therefore, only a global study of the Constitutional rules, and not of the rules of administrative action will make it possible to grasp the matrix, the operative range and the specific valency of “fair process” and its corollaries, which directly control, independently of legislative prescriptions, administrative action in the State system and together determine limits to Regional legislative autonomy in the regulation of administrative action. Thus one can at the same time delineate the preceptive content of certain principles, which are often invoked in jurisprudence, but whose actual content, between the need to safeguard subjective situations and the good management of administration, often remains hazy. Consequently, a need was seen to identify the most significant procedural models deducible from the Statal and Regional legislation, so as to be able to check the effective penetration into the system of the exigencies expressed in such principles.

 

CONTENTS

Preliminary recognition - General principles and exercise of administrative authority - The problem of unwritten sources of Administrative Law - Normative principles and standard of judgement: audit of abuse of power - Legality and principles of the system: enquiry into extra-statutory legality.

 

 

 

261. THE FINANCIAL MARKET AND PENAL CONTROLS

Mercato finanziario e disciplina penale

Proceedings of a Study Conference held at Courmayeur Mont Blanc, Italy, 13th-15th December 1991, organized by CNPDS and the Courmayeur Foundation

Published with the support of the Banca Nazionale del Lavoro

No. 17, Collection of Study Conferences «Enrico de Nicola - Current Problems in Criminal Law and Procedure»

Ed. Giuffrè - Milan - 1993 - 326 pages

 

PRESENTATION

This is not the first time that CNPDS’s Enrico de Nicola Collection of Conferences on Current Problems in Criminal Law and Procedure has alerted legal scholars and practitioners to the penal aspects of the protection of savings, a feature under the Constitution which is too frequently ignored. The theme of the present Conference is referable to the XIIth de Nicola Conference (Spoleto, 1980) devoted to Criminal Law problems in banking legislation. In recent years, the machinery for receiving and channelling savings has evolved and has multiplied in its ramifications: new forms of intermediary activity have developed and, to some extent, have replaced traditional forms of banking intermediary operations. Innovation in the field of “financial products” is unceasing and the demand for legal protection proceeds at a similar pace; one only needs to think of the onerous consequences that the allure for the “a-typical” has imposed on the trusting investor, in such a brief period of experience. Therefore a financial market in a European context, capable of meeting the imminent opportunities within the Community, must not give free rein to the adventurers. It is vital that a discipline be instituted which does not suffocate the market but which lays down a clear set of rules. This thought, which arises from a recognition of the current non-organic, non-homogeneous state of the system, has tackled - as is the custom of the Enrico de Nicola Conferences - this prospect de jure condendo - in a specifically penalistic perspective.

 

CONTENTS

General situation and the need for legal protection - The new system in the financial market (R. Costi) - Criminal Law for the financial market (F. Bricola) - Legislative policy: criteria for the choice between penal, administrative and civil sanctions (L. Conti) - Examples and sanctions: general principles (M. Sini­scalco) - The State as an authority for reducing data asymmetries in the regulation of financial markets (A. Predieri) - Insider trading: juridical aspects and operational considerations - Insider trading: procedural aspects (G. M. Flick) - Insider trading: procedural aspects (A. Giarda) - Insider trading and fraud on the investment market (A. Crespi) - Stock market manipulation and the projection of false and misleading information (C. Rognoni) - A Law as a cultural operation (L. La Spina) - Financial intermediary activities - General aspects (G. Azzali) - Propriety and transparency: some Criminal Law reflections (L. Foffani) - Public Purchase Offers: Criminal Law aspects (F. Sgubbi) - Investment flotations and Criminal Law protection of the investor (A. Alessandri) - Round Table on the financial market and its practical regulation, contributions by T. Bianchi, E. Filippi, G. Cantoni, P. Bassetti, F. Riolo, R. Giubergia, P. Schlesinger - The debate, contributions by G. D. Pisapia, P. Severino Di Benedetto, G. Insolera, M. Zanotti, A. Rossi Vannini, G. M. Flick - Conclusions (C. Pedrazzi).  

 

 

 

262. THE LAW REFORMING THE CODE OF CIVIL PROCEDURE AND THE PROTECTION OF CREDIT

La legge di riforma del codice di procedura civile e la tutela del credito

Proceedings of the Conference held in memory of Clemente Papi at Saint Vincent, Italy, 7th-9th May 1992, organized by CNPDS under the auspices of the Aosta Valley Region and SITAV SpA-Società Incremento Turistico Alberghiero Valdostano

No. 12, Collection of Study Conferences «Current Problems in Civil Law and Procedure»

Ed. Giuffrè - Milan - 1993 - XVIII 270 pages

 

PRESENTATION

In memory of Clemente Papi, President of the First Section of the Milan Court and Secretary to the Presidency of the Centro Nazionale di Prevenzione e Difesa Sociale, the Centro promoted a Conference dealing with the reform of Civil Law and related problems regarding the protection of credit. Parliamentarians, to whom is owed the excellent formulation which the Ministerial project has been given leading to Law No. 353 of 1990, scholars in this field, magistrates and widely experienced legal practitioners actively took part in the Conference. At a time when Civil Procedure is also undergoing significant changes, some consideration seemed necessary on the scope of the new norms and the needs which they create relative to judicial structures. No less
important seemed to be a full evaluation of the problems posed, in the current legislative framework, for the protection of credit, as a central requirement in a judicial system aspiring to be both swift and effective.

 

CONTENTS

Background and aims of the Conference - Introduction by Giuseppe De Fazio and Adolfo Beria di Argentine - The parliamentary work (A. Brancaccio, M. Acone and G. Covi) - Technical aspects of the reform - The first stage judicial enquiry (G. Tarzia) - Appeals in general and in procedural reform (V. Colesanti) - Reform of proceedings in the Court of Cassation (V. Denti) - Aspects of preliminary proceedings (G. Verde) - The mini-reform of enforced execution (F. Carpi) - The urgent anticipatory protection of contractual rights (E. F. Ricci) - Special preliminary protection for intellectual property rights and collection orders (M. Scuffi) - Problems in legal confiscation (S. Tino) - Debate (F. Crocioni, E. Simonetto, V. Vitrò, V. Lo Fiego, G. D’Aietti, L. Bitto, R. Frasca) - Summary reports (E. Fazzalari) - Primacy and protection of credit: the inherent consequences of the Code of Civil Procedure (G. Panzarini) - Procedural aspects of the protection of credit (A. Bonsignori) - The protection of credit: procedural aspects (A. Finocchiaro) - Concluding considerations (G. Borrè and V. Landriscina).

 

 

 

263. ADOPTION TODAY

Adottare oggi

Report on the Meeting held at Castel Ivano, Trento, Italy, 19th-21st June 1992, organized by the Cultural Centre “Castel Ivano Incontri” and promoted by the Associazione Nazionale Famiglie Adottive e Affidatarie, the Ministry of Justice of Italy, the Centro Nazionale di Prevenzione e Difesa Sociale and the Italian National Research Council, with the collaboration of the Autonomous Province of Trent

Casa Editrice Nuove Ricerche - Ancona - 1993 - 134 pages

 

PRESENTATION

This Meeting was organized with a view to examining and ascertaining what should be meant by “the pre-eminent interest of the minor”, which, as is well known, is the underlying concept inspiring the norms of Law No. 184 of 1983. In recent years, in fact, it has had to be recognized that, although everyone agrees that this principle must be upheld, too often, when passing from abstract declaration to concrete practice, blatant contradictions become manifest in fulfilling the concept of such pre-eminence.

 

CONTENTS

Introduction (G. Pallavicini) - Opening session (V. Staudacher, G. Pallavicini, A. Beria di Argentine, G. La Greca) - Family values and adoption (F. Costa, A. Beria di Argentine) - Basics of adoption of minors in Italy and elsewhere (A. C. Moro) - Debate: (G. Giardi, G. Pallavicini, F. Giongo, G. Merguici, F. Tonizzo, M. R. Lazzari, A. C. Moro) - Round Table on the subject: experiences of parents and adopted children (G. De Marco, A. Vanoni, R. and M. F. Brunelli, L. Bonelli, R. M. Federico Zucchetti) - Adoptions of foreign children: results of a research - study (G. De Marco, A. Dell’Antonio) - Debate: (R. Ragno Cecchin, A. Dell’Antonio, M. R. Maggi, G. Pallavicini, A. Beria di Argentine, D. Micucci, Federico M., F. Palomba, G. Scomentini) - The needs of minors: new frontiers of adoption in Italy (M. Dogliotti, G. Cattabeni, A. Caruso) - Role of social service operators with particular reference to relations between judicial and local authorities (M. Dogliotti, D. Guidi, G. Bortolotti) - Communication (Meneghelli) - Debate (M. Camiolo, D. Guidi, R. Ragno Cecchin, G. Giardi, F. Tonizzo, A. C. Moro, G. Pallavicini, G. Merguici) - The school as an agent for integration into society for the adopted child (M. Pavone) - Debate (M. R. Lazzari, R. Ragno Cecchin, G. Turone, F. Giongo, G. Pallavicini) - Round Table: the future of adoption in Italy and in the European Community (F. Palomba, C. Trevisan, V. Ruperto, G. Merguici) - Debate (M. Griffini, L. Presti, M. R. Lazzari, G. Turone, D. Micucci, Bottanelli, M. R. Maggi, G. Pallavicini) - Conclusions (G. La Greca).

 

 

 

264. MAFIA ISSUES

Analyses and proposals for combating Mafia today

Edited by Ernesto U. Savona

Conference “Mafia che fare?”, Palermo, Italy, 10th-12th December 1992

Organized by the Regional Assembly of Sicily and the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme - ISPAC, with the collaboration of the Centro Nazionale di Prevenzione e Difesa Sociale and the Crime Prevention and Criminal Justice Branch of the United Nations Office at Vienna

Published in English (translator: D. R. Gilbert)

Milan - 1993 - 252 pages

 

PRESENTATION

This volume contains the results of the International Conference held at Palermo, 10th-12th December 1992, entitled significantly “Mafia, che fare?” (The Mafia, what to do next?”). The documents were divided into five sections: one of analysis and the others dealing with the various responses made
and still being made by the prevention and control institutions, the judicial

authorities and the international community to the Mafia problem. The document therefore has a dual interest, insofar as it first offers useful data for studying and understanding the specific characteristics of the Sicilian Mafia; secondly, an even more detailed insight is provided, so as to give a closer general view of organized crime and concentrate the debate on the most effective measures to combat it. As one will see from the contributions, the study is dedicated specifically to the memory of Judges Giovanni Falcone and Paolo Borsellino, and more generally to all the victims of the Mafia, in the hope of laying the base for further reflections on the problem in the future and encouraging national and international institutions and communities to engage in an effective concrete fight against organized crime.

 

CONTENTS

Foreword (G. Spadolini) - 1) Introduction (E. U. Savona) - The Mafias in Italy (A. Beria di Argentine) - 2) Analysis: Introduction (G.Conso) - Mafia Problems (G. Fiandaca) - Fighting the Mafia in Sicily: judicial experiences (Sicilian
Judges) - A tribute to the work of two great Italians: Falcone and Borsellino
(P. Arlacchi) - The Mafia and the local economy (L. Campiglio, M. Centorrino) - The Mafia: an international enterprise? (G. M. Rey, E. U. Savona) - The transparency objective (G. M. Flick) - 3) The Response of the Institutions: Prevention and Public Order: Introduction (G. Napolitano) - All together with no more solitary heroes (L. Violante) - Assessment of control activities and strategies (N. Mancino) - Today’s initiatives for future action (V. Parisi) - Local control and international coordination (A. Viesti) - Action against money laundering (C. Berlenghi) - Organization and functions of the Direzione Investigativa Antimafia - DIA (Anti-Mafia Investigative Board) (G. Tavormina) - 4) The Response of the Institutions: the Administration of Justice: Introduction (G. Galloni) - Assessment of anti-Mafia legislation and strategies for the future (C. Martelli) - Justice reforms and social consensus (B. Siclari) - Legislative innovations and their enforcement (P. L. Vigna) - The Direzione Nazionale Antimafia - DNA (Italian National Anti-Mafia Board) and its coordinating functions (G. Turone) - The need for self-criticism (A. Spataro) - Criminal proceedings and organized crime (V. Grevi) - The contribution of the culture of proceedings (M. Chiavario) - Using transparency in handling pentiti (F. Marzachì) - An archive for identifying and controlling illicit forms of enrichment (F. S. Borrelli) - 5) The response of the international community: Introduction (V. Spini) - The United Nations in the international fight against organized crime (G. Giacomelli) - The United Nations Crime Programme (H. Woltring) - The Council of Europe for international cooperation against organized crime (C. Lalumière) - INTERPOL against organized crime and the emerging issue of organized crime in Eastern Europe (R. Kendall) - Market economy and organized crime in the former USSR (V. Koudriavtsev) - Strategy of CICAD against organized crime and drug trafficking (I. G. Tragen) - The Andean Parliament against cocaine (J. Ore Leon) - Organized crime and developing countries (A. A. Adeyemi) - International cooperation against money laundering: the role of FATF (Financial Action Task Force) - International cooperation - for what? (M. C. Bassiouni) - The Mafia seen from afar (L.A. De Castro) - The efforts of the Arab States in combating organized crime (Sultan A. Al-Angari) - Continuing the work of Falcone in the fight against organized crime (L. Ferraro) - 6) Conclusions: Rewriting the political rules (G. Campione) - A task for the future (P. Piccione) - Conclusions (A. Beria di Argentine).