265. TWO-STEP JURISDICTION IN EUROPEAN COMMUNITY LAW
Il doppio grado di giurisdizione nel diritto delle Comunità europee
by Maria Migliazza
No.11, Collection “The Law of the European Communities: Problems and Trends”
Ed. Franco Angeli - Milan - 1993 - 237 pages
As stated in its introductory part, this Volume, which was published with the partial support of MURST (Ministry for University, Scientific and Technological Research of Italy), analyses the structure resulting from the introduction of a two-step jurisdiction, which introduces an innovatory safeguard for the legal protection of individuals in the courts. The two-step principle of jurisdiction was initially introduced partially in the Community system, with the institution of the Tribunal of First Instance of the European Communities, and then broadened for all individual applications, with the extension of the jurisdiction transferred to the principal Court of Justice. The institution of a two-step jurisdiction for physical and juridical persons in Community Law represents an important new, and undoubtedly progressive, step in the system of legal protection within the Community for private subjects. Community Law is thus adapted to the juridical concepts inherent in the systems of its Member States. The judicial structure of the European Community thus consists of a Tribunal of First Instance, which instructs the cases, and the Court of Justice, whose role is being modified with the principal exercise of jurisdiction concerning Constitutional issues and questions of legal validity. The important developments in Community justice also contribute to the widening and strengthening of consistency between the Member States. In view of the major jurisdictional and procedural revisions, the structure of the jurisdiction is examined in a Community context, with special attention to the features of the first instance jurisdiction and of appeals, i.e. to the practical realization of the two-step principle in its protectionist role for civil liberties.
I) The principle of two-step jurisdiction as a guarantee of judicial safeguard - The principle of two-step jurisdiction and the protection of the individual in the evolution of the European Communities - Two-step jurisdiction: the principle of “fair process” in the domestic systems of Member States and in the Community system - The guarantee of “fair civil process” in Treaties on human rights, with special reference to the two-step court system - The institution of a Community two-step jurisdiction for all applications by physical and juridical persons - II) Protection in the Community courts at first instance - General Community juridical principles: in particular the right to protection in the courts - Community jurisdiction subsequent to the establishment of the Tribunal of First Instance - III) Appeals to the European Court of Justice and the realization of the second step of jurisdiction - Aspects of appeals to the Court - Resulting procedural innovations and new judicial safeguards for private individuals - Prospects of judicial safeguard in Community jurisdiction.
1. Amendments to the three basic Treaties: Art.32(5), E.C.S.C. Treaty, Art. 168A, Treaty of Rome, Art.140A, E.A.E.C. Treaty (added respectively by Arts. 4, 11 and 26 of the Single European Act).
2. Amendments to the three basic Treaties: Art.32(5), E.C.S.C. Treaty, Art.168A, Treaty of Rome, Art.140A, E.A.E.C. Treaty (substituted respectively by Arts. H para.12; G, para.50 and I, para.11 of the Maastricht Treaty on European Union).
3. Decision of the Council of 24th October 1988 which established a Tribunal of First Instance of the European Communities (88/591/E.C.S.C., E.E.C., Euratom)
4. Decision of the Council of 8th June 1993, amending Decision 88/591/E.C.S.C., E.E.C., Euratom, establishing a Tribunal of First Instance of the European Communities (93/350/Euratom, E.C.S.C., E.E.C.)
5. Procedural Regulations of the Tribunal of First Instance of 2nd May 1991
6. Procedural Regulations of the European Court of Justice of 19th June 1991 (Fourth Chapter).
266. THE PUBLIC PROSECUTOR TODAY
Il pubblico ministero oggi
Proceedings of the Study Conference held at Saint Vincent, Italy, 2nd-5th June 1993, organized by CNPDS under the patronage of the Aosta Valley Region, the Saint Vincent Cultural Centre and SITAV SpA (Società Incremento Turistico Alberghiero Valdostano)
No. 18, Collection of Study Conferences «Enrico de Nicola- Current Problems of Penal Law and Procedure»
Ed. Giuffrè - Milan - 1994 - XVI 278 pages
Following the tradition of the “Enrico de Nicola” Conferences, which have always tackled the most up-to-date problems of Criminal Law and Procedure, this XVIIIth Conference dealt with “The Public Prosecutor Today”, a subject which is engaging a lively cultural and political debate and provides a basic reference point for the correct formulation of a series of important theoretical and practical questions. Detailed attention was given to various problems: the role of the Public Prosecutor in criminal proceedings; whether or not criminal proceedings are mandatory; the place of the Public Prosecutor in the judicial system, with particular attention to the career division between criminal court magistrates and Public Prosecutor magistrates.
Introductory report (G. D. Pisapia) - The role of the Public Prosecutor in the new criminal process (F. S. Borrelli and D. Siracusano, M. Maddalena, G. Izzo, L. Corradini) - Mandatory nature of criminal proceedings: times and methods, costs and benefits (M. Chiavario, V. Zagrebelsky, G. Neppi Modona, V. D’Ambrosio, G. Ruggiero, G. Caliendo, R. Vanni, E. Marzaduri) - Public Prosecutor and judicial police as parties in the proceedings (V. Chiusano, U. Nannucci, G. Giostra) - Judges and Public Prosecutor in the system and in the dialectics of the criminal process (F. Pintus, E. Amodio, G. Illuminati, G. Ichino, M. Daniele, G. Consoli, B. Satta Flores, A. Brancaccio, G. Di Federico, P. Curatola, R. Magi, L. Rovelli) - Conclusions (M. Scaparone).
267. PUBLIC ADMINISTRATION AND PRIVATE LAW MODELS
Pubblica amministrazione e modelli privatistici
Edited by Giorgio Berti
Essays by V. Angiolini, G. Berti, M. A. Cabiddu, P. De Carli, F. Cavazza Rossi, A. Ceccherini, S. M. Cesqui, U. Loi, N. Marzona, G. Poggiani
Compilation by S. Bacci
No.37, Collection “Organization and Functioning of Public Administration” of the Goal-oriented Project of the Italian National Research Council
Ed. Il Mulino - Bologna - 1994 - 395 pages
This Volume collates research contributions on “Public Administration and Private Law Models” undertaken and assembled by the Centro Nazionale di Prevenzione e Difesa Sociale on behalf of the Italian National Research Council within the goal-oriented Project on the organization and functioning of the Public Administration. The contributions are set out in two parts, with an appendix on US “non-profit organizations” and the “grant system”. The first part outlines the models of the various sectors of the Public Administration and the midway entities between the public and the private (non-profit and co-operative). It also includes a report on the relationship between democracy and bureaucracy in the Private Law models of the Public Administration. In the second part, research-works in the field (the Lombardy case and nomination of company directors by public undertakings) are examined and elaborated. Without ignoring general problematic areas, the studies lead to proposals and hypotheses for intervention and reform. The research comes within the scope of the deliberations of 6th March 1985, when the Inter-Ministerial Committee for Economic Programming authorized the Italian National Research Council to promote a goal-oriented Project on the organization and functioning of the Public Administration. The Project’s aim is the systemization of available data and the development of all information needed to provide a full picture of the structure and administrative action, as well to evaluate the operation effectiveness of the Public Administration. This also looks forward to proposals, for major malfunctions and procedures, aimed at achieving greater efficiency. There is a further objective of developing the applied sciences in relation to the Public Administration and the training of experts in these sciences and in administrative techniques.
Introduction (G. Berti) - Part I: Models - The form of the S.p.A (Italian joint-stock company) as the Private Law model for business undertakings chosen for the execution of work in the public field (U. Loi) - Local organization for “services” (V. Angiolini) - Private Law models in the credit system and system of Statal participation (N. Marzona) - The models of non-profit organizations (P. De Carli) - The co-operative model: its juridical and historical development (S. M. Cesqui) - Bureaucracy and democracy in the Private Law models of public administration (A. Ceccherini) - Part 2: Research on the field - Private Law models of organization in public administration: the Lombardy case (M.A. Cabiddu) - Some questions on the direct appointment of company directors by public bodies (G. Poggiani) - US non-profit organizations and the system of Statal and Federal subsidies (grant system) (F. Cavazza Rossi) - Bibliography of US data according to research sectors (1989, F. Cavazza Rossi).
268. ON THE PUNITIVE POWERS OF THE STATE AND THE REGIONS
A study of the sources of Criminal Law and of the Law of Administrative Sanctions
Sulla potestà punitiva dello Stato e delle Regioni
Una ricerca sulle fonti del diritto penale e del diritto sanzionatorio amministrativo
Edited by E. Dolcini, T. Padovani, F. Palazzo
Published with the support of the Italian National Research Council
Ed. Giuffrè - Milan - 1994 - VIII 278 pages
As explained in the introductory part of the text in 1987, a research agreement was made between the Centro Nazionale di Prevenzione e Difesa Sociale and the Italian National Research Council for studies in Constitutional Law, Community Law, Administrative Law, Private Law, Criminal Law and Sociology of Law under the heading “The formation and implementation of the law”. In this Volume, which represents the starting point of the research, are the contributions which aim to put into focus some crucial points in the problems of the sources of Criminal Law and the adjacent “punitive” aspects of Administrative Law. Particular attention is given to the problem of safeguarding the monopoly of national law in the production of incriminatory norms against potential attacks from the judicial power, the Public Administration and the Regional legislator, as well as to the problem of constraints placed by State legislation on administrative infractions - at the level of sources and, more generally, at the level of the principles and of the structure of infractions - and to the use of administrative sanctions by the Regional legislator.
The sources of Criminal Law: analogy and breadth of interpretation (R. Rinaldi) - Legal limitations in Criminal Law matters and instances in the context of integration with administrative acts (G. Viciconte) - Penal norm and Regional Law: construction of “the model” (C. Piergallini) - Regional sanctions after the Law of 24th November 1981, No.689 (M. C. Barbieri).
269. JURIDICAL PROBLEMS OF PRIVATIZATION
Problemi giuridici delle privatizzazioni
Proceedings of the Conference held at Courmayeur Mont Blanc, Italy, 25th-27th June 1993, organized by CNPDS and the Courmayeur Foundation
No. 13, Collection of Study Conferences «Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1994 - XIV 126 pages
The Centro Nazionale di Prevenzione e Difesa Sociale, together with the Courmayeur Foundation Centro internazionale su diritto società e economia, felt it timely to offer an important research - contribution to a juridical problem of great political, social and economic importance - that of privatization. In this Volume are the proceedings of the 13th Study Conference organized by the Centro Nazionale di Prevenzione e Difesa Sociale in agreement with the above-mentioned Foundation. As the Volume’s Introduction underlines, IRI, ENI and INA have been legally converted into companies limited by shares. Italian State Railways have been similarly converted and the same process is under way with other State monopolies. The central point, and the turning point, of the governmental programme, seems to be the policy of “privatization”, in terms of a gradual unloading of public shareholdings. The economic importance of this process is constantly underlined be the national and international media. But the Government and Parliament are still feeling out the correct route to follow in implementing such an important phenomenon.
Introduction (A. Brancaccio and L. Passerin d’Entrèves) - State property, public assets and privatizations (A. Predieri) - From the public economic undertaking to the shareholder State, a juridical historical background (N. Irti) - Procedures for transferring control in publicly owned joint-stock companies and contents of the relative contracts (P. Schlesinger) - Fiscal and other
obstacles to privatization (V. Uckmar) - The effects of the transformations on contracts of employment (T. Treu) - Transformation of public economic undertakings, jurisdiction and process (G. Tarzia) - Debate (A. Banfi, L. De Angelis, U. Randi, G. Centonze, P. Pajardi, G. M. Flick) - Round Table (G. Anselmi, P. Baratta, A. Predieri, G. De Rita, T. Bianchi, G. Cantoni, N. Irti, P. Schlesinger and V. Uckmar).
270. STRUCTURES OF CAPITALISM AND BUSINESS IN CONTEMPORARY SOCIETY
Le strutture del capitalismo e l’impresa nella società contemporanea
Proceedings of the 4th 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, 18th-20th March 1993
Cariplo Report Series - 1994 - 452 pages
This Volume contains the texts of Reports by the participants in the IVth International Conference of the “Giordano Dell’Amore” Observatory, devoted to an analysis of the prospects of capitalism and business in the light of the transformations of the Eighties both in Eastern Europe and in the already industrialized countries. Attention is given to both the different and the homogeneous elements to be found in the various States. It is also underlined that, even on a common basis, capitalism has assumed many different forms throughout the world: thus the operation of Japanese capitalism differs from that of American capitalism, which is different from German capitalism, which in turn reflects a productive and social organization different from that of Italian capitalism. A more accurate understanding of the elements of differentiation and homogeneity is the basis upon which to construct projects of economic and social harmonization on an international scale. This seems particularly true for the process of transition of the countries of Eastern Europe towards a market economy, since they must make a conscious choice for the type of capitalism and business model which will accord most closely with their society and their institutions. The Conference put these themes before a group of businessmen, who then gave an apposite explanation of the viewpoint held by business.
Welcome Addresses (R.Mazzotta, F.Saja) - Why capitalism? (E. S. Phelps) - Evolution of modern capitalism: relations between State and market (P. Sylos Labini) - Capitalism and multi-national businesses (N. Acocella) - The features of Japanese capitalism (M. Aoki) - Global capitalism and national States (P. Bassetti) - European capitalism: between freedom and social justice (H. Wouter de Jong) - Capitalism without capital: the Italian capitalism of uncertainty and diversity (L. Campiglio) - Characteristics and trends of business in various capitalist contexts (L. Guatri) - The hierarchical crisis (C. Devecchi) - Credible transitions in Eastern Europe: a perspective from the theory of traverse and systemic change (S. Zamagni) - The future of capitalism and privatization in the East: a comparison of alternative privatization processes (A. Chilosi) - The common property of humanity (S. Rodotà) - Outlines for a juridical study on contemporary European institutions (M. Casella) - Ethics of property (E. Resta) - Developments in the structures and functions of enterprises in the transition to a market economy (H. E. Buschgen) - Financial distortions in the incentives of managers, owners and workers (P. J. Hammond) - Investment in human capital in the workplace (N. J. Ireland) - Business and worker-participation (T. Treu) - The Economic inefficiency of the capital market (P. Rey) - Finance and instability: the limits of capitalism (H. P. Minsky) - The future of capitalism: straws in the wind (F. Hahn).
271. VICTIM ISSUES
Workshop on “Prevention of Victimization, Protection and Assistance for
Victims and Conflict Resolution”
Oñati, Basque Country, Spain, 13th-16th May 1993
Organized by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS and the Basque Government, with the collaboration of the Crime Prevention and Criminal Justice Branch of the United Nations Office at Vienna
Published in English
Milan - 1994 - 64 pages
This Volume contains the Report to the Study Conference held at Oñati, 13th-16th May 1993, which was organized by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme (ISPAC) and the Basque Government through the offices of the Institute of Sociology of Law of Oñati University. Eminent authorities in this field participated, with important contributions and recommendations. The meeting established a realistic agenda for action in order to contrast the growing violence, which has provoked a widespread demand for more effective and incisive counter-policies, with the formulation of a common approach consonant with the declarations of the United Nations.
Foreword (A. Beria di Argentine) - Introduction (E. Vetere) - The Oñati Report (M. Joutsen).
272. MIGRATION FROM OUTSIDE THE EUROPEAN COMMUNITY. EDUCATION AND TRAINING
La migrazione educativa. Extracomunitari e formazione
Edited by Riccardo Massa, Paolo Mottana, Anna Rezzara, Maria Grazia Riva, Igor Salomone
A CNPDS study promoted by the Assessorato all’Istruzione, formazione professionale e lavoro of the Lombardy Region
Unicopli Edizioni - Milan - 1994 - 242 pages
This Volume presents the results of a research undertaken at the behest of the Centro Nazionale di Prevenzione e Difesa Sociale on behalf of the Lombardy Regional Council of Professional Instruction and Training, who sanctioned its publication. The study, co-ordinated and directed by Professor Riccardo Massa, Head of the Institute of Pedagogy at the Milan State University, looks at the social situation which faces society today with the phenomenon of immigration from outside the European Community. A study is made of concrete formative processes, in order to produce an awareness of matters rarely examined, which are inter-dependent, such as the experiences, representations, emotions and symbolic systems inherent in the personalities of the immigrants. In particular, it is recognized that the professional training of young immigrants and the strategies for it may represent the sole advanced response possible from our society to deal with the problems posed by immigrants from outside the Community in the major urban areas, so as to provide an effective process of development over and above purely repressive measures or social security assistance. This calls for other themes to be considered, such as multi-ethnicity and multi-culturality.
A clinical research into training (R. Massa) - The professional training of young immigrants in the Milanese area (P. Mottana) - Phenomenology of courses and teaching arrangements (M. G. Riva) - The subject, the journey, the memory (P. Mottana) - Representations of training (A. Rezzara) - Socialization and integration (I. Salomone) - Requisites for innovation (R. Massa) - Bibliography.
273. INTRODUCTION TO THE DEBATE
Report of CNPDS to the XVth International Congress of Penal Law, Rio de Janeiro, Brazil, 4th-10th September 1994
Published in English
Milan - 1994 - 63 pages
This English-language version presents the contribution of the Centro Nazionale di Prevenzione e Difesa Sociale to the proceedings of the XVth International Congress of Penal Law. The Report consists of a document containing observations on the solutions adopted in the preliminary Colloquia. Session I: In a situation where international public opinion favours intensifying the intervention of Penal Law to protect the environment, there is also the need for penal sanctions against the inertia of Statal administrative authorities responsible for supervising potentially harmful or dangerous conduct, so as to impose an indirect penal liability for failure to exercise the prescribed measure of control. Session II: The different economic and technological transformations which could impact harmfully on individual and collective interests create the need for ad hoc norms to repress computer crimes, such as frauds, falsifications, sabotage, eavesdropping and unauthorized reproduction of protected programmes. Even where the Congress is unable to provide complete solutions to these problems, it has the intention to draw the attention of the scientific community to the need to focus its attention in the coming years on this area of contemporary Criminal Law. Sessions III and IV deal more fully with the theme of protecting human rights within the penal process, with particular attention to the “right to silence” and “right to evidence” and to cases of co-operation between States on penal questions.
Problems of criminal responsibility and sanctions in regard to environmental violations (C. Pedrazzi, A. Alessandri, S. D’Angelo) - Computer crimes and other crimes against information technology (E. Dolcini, G. Marinucci, C. Pecorella) - The movements to reform criminal procedure and human rights (G. D. Pisapia, G. Illuminati, G. Ubertis, O. Mazza) - The regionalization of International Criminal Law and the protection of human rights in international co-operation procedures in penal matters (N. Galantini).
274. PARTNERSHIP BETWEEN PUBLIC ADMINISTRATIONS AND BUSINESS ENTERPRISES
Rapporti associativi tra amministrazioni pubbliche e imprese
Edited by Giorgio Berti
Essays by G. Berti, M. A. Cabiddu, P. De Carli, U. Loi, N. Marzona, V. Parisio, S.Stenti, L. Violini
Compilation by S. Bacci
No. 50, Collection “Organization and Functioning of the Public Administration” of the Goal-oriented Project of the Italian National Research Council
Ed. Il Mulino - Bologna - 1994 - 176 pages
This Volume contains the fruits of the research on “Partnerships between Public Administrations and Business Enterprises”, undertaken and co-ordinated by the Centro Nazionale di Prevenzione e Difesa Sociale on behalf of the Italian National Research Council, within the framework of the goal-oriented Project on the organization and functioning of the Public Administration. The research is connected with an earlier one on the theme “Public Administration and Private Law Models”, which was also co-ordinated by CNPDS. Both research-works were undertaken under the scientific direction of Giorgio Berti. The contributions, devoted to institutes and various institutional experiences, both in the positive law and scientific spheres and in relation to the subject-matter under review, deal successively with: public works contracts; consortia involving a Public Administration; collaborative instruments in realizing the so-called Milan-Project; collaboration in local public services; partnerships between private bodies and local authorities in the German experience. One can see how the common feature of the studies is to draw attention and analysis of concrete institutional experiences to reflection based on scientific-doctrinal acquisitions. Beyond this, the merit lies in having demonstrated, through an approach to various experiences that might even appear fortuitous, that to proceed by way of a public-private partnership is the most indicative characteristic of the transition from yesterday’s systems to today’s. There also emerges, as another significant fact, the overcoming of the barriers between the public and the private, as well as the will to preserve both of these sectors, while protecting their co-existence in a process of interaction or directly in structures of association of forms and institutes included in an essentially unitary dynamic.
Introduction (G. Berti) - Public works contracts (M. A. Cabiddu and N. Marzona) - Consortium forms and collaboration between public and private undertakings. The problem of public-private partnerships in the form of operational consortium (P. De Carli) - Consortium forms and collaboration between public and private undertakings. Analysis of the characteristics of consortia applied to the case of mixed consortia (S. Stenti) - The “Milan Efficiency” Project (U. Loi) - Public and private in the management of local public services: reflections on some important aspects of Art. 22 of the Law of 8th June 1990 No.142 (V. Parisio) - Public/private associative forms in German Law (L. Violini).
275. LOOKING AT THE PRESENT TO PREPARE FOR THE FUTURE
Preventive strategies against organized crime
Report of the Inter-Ministerial Consultative Group for the fight against illicit drugs and organized crime in collaboration with the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS at the World Ministerial Conference of the United Nations on Transnational Organized Crime
Naples, Italy - 21st-23rd November 1994
Published in English
Milan - 1994 - 67 pages
The experience of Italy in the fight against organized crime has taught us that, in order to combat it, the use of control and repressive policies can only be effective for a limited period of time. In fact, the criminal organizations have shown a high degree of elasticity in reacting and establishing structures better adapted to the new threat. Not only this, but the processes of internationalization have encouraged collusion and division of tasks between criminal groups. In the face of these changes on the criminal scene, where the dividing line between individual and organized crime tends to disappear, the two paradigms which have influenced contemporary systems of penal justice are currently in a state of crisis: the “classical” one of the deterrent function of penal sanctions, and the “positive” one of social reintegration of the offenders. The preference for “tactical” studies, aimed at obtaining evidence, and for “strategic” studies aimed at understanding the logic of the criminals, has met with many breakdowns. The proposal for the future is that a more incisive action against the expansion of crime may be obtained by adopting flexible, integrated and
co-ordinated policies at an international level. Among the counter-measures one perceives the need to integrate penal repressive policies with preventive policies, aimed at reducing on the one hand the opportunities for crime, and on the other the “vulnerability” of certain lawful markets polluted by the infiltration of organized crime. It is useful to reflect on the limits of action of the
current legal system, while seeking complementary routes which may prove more effective and less costly than those maintained at present in the modern social systems.
Introduction - The transformations of organized crime - Constructing and reconstructing a culture of legality - Defending the lawful economy from infiltration by organized crime.
276. CRIMINAL JUSTICE AND POLICE SYSTEMS: MANAGEMENT AND IMPROVEMENT OF POLICE AND OTHER LAW ENFORCEMENT AGENCIES, PROSECUTION, COURTS AND CORRECTIONS AND THE ROLE OF LAWYERS
Contribution to Topic 3 of the IXth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, submitted at the Eighth Joint Colloquium (Courmayeur Mont Blanc, Italy, 15-17 April 1994), organized by CNPDS in cooperation with the Ministry of Justice of Italy, the Provincial Administration of Milan and the Courmayeur Foundation
Published in English and French
Milan - 1995 - 157 pages
This Volume contains a detailed analysis of the new characteristics of criminality and a number of suggestions for improving the penal justice systems currently in force. The occasion for reforms in Criminal Law and Procedure is becoming a growing necessity for many countries, whether developed (like Germany, Italy, Japan and USA) or in the course of development, where criminal statistics are progressively increasing on account of inadequate infrastructures to meet public needs. In addition to fighting crime “on the streets”, modern police forces throughout the world are now faced with much more sophisticated forms of crime, which are far more difficult to detect than in the past, such as corruption in the Public Administration, computer crime, smuggling of immigrants, trafficking in nuclear materials or arms, political terrorism, trafficking in human organs, blackmail, money laundering. Organized criminal groups have proved proficient in adapting to changing circumstances, diversifying their activities, developing new markets and using sophisticated technologies. To combat this, therefore, requires not only that societies update their Criminal Law but also that they improve their techniques for implementing it and bring greater efficiency to the organization and management of the myriad of agencies comprising the criminal justice system. Other objectives of primary importance are to break the international criminal networks and make transnational illicit activities as difficult and costly as possible; to ensure rapid justice, taking advantage of advanced technological systems; to co-ordinate, harmonize and, wherever possible, unify the structures of penal justice in the various countries in order to encourage exchanges of information, experiences and concerted strategies aimed at solving mutual problems at an international level.
Final Report (M. C. Bassiouni and P. M. Manikas) - The Council of Europe (W. Rau) - Reports by the four Associations: International Association of Penal Law (R. Ottenhof) - International Society of Social Defence (G. O. W. Mueller) - International Penal and Penitentiary Foundation (G. Kellens) - International Society for Criminology (G. Picca) - Individual Report: the role of lawyers in the criminal justice system (A. A. Adeyemi) - Criminal Law and juvenile delinquency (L. Pomodoro) - International standards on Law Enforcement. Implications for management, improvement and change (R. Crawshaw) - Final Reports (A. Beria di Argentine, G. Polimeni, G. Di Federico).
277. THE SYSTEM OF PUBLIC WORKS CONTRACTS
An analysis of problems of planning and control
Il sistema degli appalti. Un’analisi dei problemi di pianificazione e di controllo
Edited by Gherardo Colombo
A CNPDS research promoted by the Lombardy Region
Ed. Giuffrè - Milan - 1995 - XXIV 270 pages
This Volume assembles the results of the research devoted to problems inherent in the system of public works contracts. It was financed by the Region of Lombardy with the support of the “Emilio Alessandrini” Association of Juridical and Constitutional Studies. After describing the work of the Centro Nazionale di Prevenzione e Difesa Sociale in the field of organized crime, the presentation by Livia Pomodoro underlines the emergence of the connexion between Mafia-style organized crime and economic crime, upon which this publication concentrates. Further detailed attention is given to the theme of public works contracts, with reference to political-administrative corruption, in order to identify the criminal distortions, especially in the field of public works.
A research on the system of public works and the commitment of the Centro Nazionale di Prevenzione e Difesa Sociale on organized crime and on political and administrative corruption (L. Pomodoro) - Introduction (G. M. Flick) - Round Table: Political and administrative criminality and organized crime - The system of public works contracts - Criminal distortions in the system of public works contracts in Italy - Parties involved and the background of illegal activity - The normative situation and methods of intervention by Mafia enterprises in the public works sector - Effectiveness, efficiency and transparency in the public works contracts system - The programme and the lay-out of a research - The system of public works contracts: problems underlined by practitioners - Premiss - Legality - The “Anti-Mafia Law” - Efficiency and efficacy. Competition, execution, controls - Forms of financing - Efficiency and planning-some considerations on engineering companies - The main operator - Some basic considerations - Inefficacy resulting from non-performability of contracts - The realization phase. The problem of costs - The programmed distortion of the objectives of public contracting: intended inefficiency - Inspection - Problems with sub-contracts in public works - Problems of efficiency and efficacy connected with the Community normative system - Deviations from the point of view of justice practitioners - Evaluation of bids for public works contracts and contractual performance - Some penal implications - The problem of price adjustments - Fiscal transparency - The creation of non-accountable funds and the indirect use of certain penal instances - The documentation of public works contracts - Controls and administrative responsibility - Suggestions for certain amendments to the penal system - The entitlements of business - The Mafia as the kick-backs market regulator - Infiltration of Mafia-type organizations into business undertakings - Relations between principal and operator in public works contracts - The role of Trade Unions - The employment of crime-sourced funds - Mafia and organized crime - Brief analysis of media information - The public as a contracting party in other social situations - The public works contract in Italian legislation - Solutions adopted in some foreign legislative systems - The EEC normative system - Public works contracts: two different perspectives - The programmed evolution of Community Law - Internal Law and the traditional administrative optics - Final considerations - The Law of 11th February 1994 No.109 - Appendix: the “Clean Hands” study (G. D’Ambrosio).
278. JUSTICE AND HUMAN RIGHTS
Giustizia e diritti umani. Osservazioni sociologico-giuridiche
By Vincenzo Ferrari
Published with the support of the Italian National Research Council
No. 25, Collection of Sociology of Law
Ed. Franco Angeli - Milan - 1995 - 309 pages
This Volume was published with the support of the Italian National Research Council in agreement with CNPDS. It forms part of the “Sociology of Law” Collection, which assembles works from a variety of sources and sectors, commonly characterized by their lively critical spirit. This publication contains, as one sees in the foreword, the fruits of research, conducted by students in the Faculty of Sociology of Law at Bologna University in the 1986/7 academic year, on the theme of justice. It reflects some 400 interviews and the results have revealed a notable interest by those interviewed to the extent of suggesting a continuation of the study in subsequent academic years as well as extending it to the Universities of Macerata, Milan and Naples. The study also stressed the inclusion of “Conflict between human rights” in the theme of the research. The latter, based on about 2,500 interviews has raised considerable interest, to the point of securing the active collaboration of CNPDS and the inclusion of the subject in the broad context of the work of the Italian National Research Council.
Opinions on the concept of justice - Sociological analysis of the concept of justice - Cases of commutative justice - Cases of distributive justice - Cases of obedience to the law - Opinions on conflict between human rights - Sociological analysis of human rights - Process of specification and conflict between human rights - The sphere of individual integrity - The sphere of political and economic relations - Concluding observations - Uniformities and contrasts - Rights, duties, citizenship - Methodological appendix (M. Boffi).
279. THE BURDEN OF NON-ASSOCIATIVE CRIME IN ITALY
Il peso della criminalità non associata sull’Italia
Vol. I - Research entrusted to CNPDS by the Ministry of Justice of Italy and carried out in collaboration with CENSIS-Centro Studi Investimenti Sociali
Vol. II - Research intrusted to CNPDS by the Municipality of Milan
Mimeographed edition - Milan - 1995 - 712 pages
This is a collection of work by the Technical Scientific Committee - which took charge of the research entrusted by the Ministry of Justice of Italy to the Centro Nazionale di Prevenzione e Difesa Sociale in collaboration with Censis - which had the aim of studying the burden in Italy caused by non-associative crime. The work was co-ordinated by the Secretary-General of CNPDS, Adolfo Beria di Argentine, and by Professors Resta and Pisapia, in four volumes: one devoted to the general features of the phenomenon, one to the situation in Milan, and two volumes of synthesis. The research not only analyses the sources of non-associative crime, referring to the various types of crime, but also draws attention to the particular characteristics assumed by the phenomenon in the cities of Naples, Palermo, Reggio Calabria and Turin (with special attention - in a separate volume - also to Milan) and takes account of the costs of the security establishment and machinery, which ultimately fall to the private citizen.
Vol. I - Organized crime and widespread illegal activity - The network of the illicit - The cost burden of non-associative crime - Social alarm. Self-defence - The classification of crimes on the basis of official statistics - Analysis of the development of certain crimes in Italy: the number, the authors of crime, the economic cost - Analysis of the urban situation: Naples, Turin, Palermo and Reggio Calabria - The social costs of illegal activity - The cost of public security - Micro-crime in Milan - Milan: the metropolitan identity and its pathologies - Vol. II - Criminality and territory in Italy today: three situation-types - Less violence, more predacious activity - The centre as a predatory area - Sedimentation and ethnicization: the subject of micro-criminality - Drug addicts - Persons from outside the European Community - Transformations of crime and social alarm in Milan - Counter-strategies.
280. ENVIRONMENT AS A VALUE AND ITS PROTECTION THROUGH CRIMINAL LAW
Edited by Beniamino Caravita di Toritto
Reports presented by the Istituto per l’Ambiente and the Working Group of the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS on “The Role of Criminal Law in the Protection of the Environment” at the Workshop organized by UNICRI (United Nations Interregional Crime and Justice Research Institute) in the framework of the IXth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Cairo, Arab Republic of Egypt, 29th April-8th May 1995)
Published in English
Istituto per l’Ambiente - Milan - 1995 - 72 pages
This Volume contains the reports presented in the course of the IXth Congress of the United Nations on the Prevention of Crime and the Treatment of Offenders (Cairo, April-May 1995) on the theme of “The Role of Criminal Law in the Protection of the Environment”. It is edited by B. Caravita, while the individual reports have been presented by Caravita, Alvazzi del Frate, C. Pedrazzi, A. Alessandri and S. D’Angelo, of the Institute for the Environment. Emphasis was placed on the principle that the environment must be considered as a value, insofar as it represents the ecological balance between eco-systems and ecological processes, essential for a proper functioning of life systems and so an indispensable support for the survival of humanity.
Environment as a value and its protection through criminal law (B. Caravita) - Reflections on the penal responsibility of corporate bodies and the protection of the environment (B. Caravita) - Environmental protection at national and international levels: potentials and limits of criminal justice: summary of the empirical study (A. Alvazzi del Frate) - Problems of criminal responsibility and sanctions in regard to environmental violations (C. Pedrazzi, A. Alessandri, S. D’Angelo).
281. PROSPECTS FOR THE REFORM OF THE PENAL CODE AND CONSTITUTIONAL VALUES
Prospettive di riforma del codice penale e valori costituzionali
Proceedings of the Study Conference held at St. Vincent, Italy, 6th-8th May 1994
Organized by CNPDS with the support of the Aosta Valley Region, the St. Vincent Cultural Centre and SITAV SpA-Società Incremento Turistico Alberghiero Valdostano
No. 19, Collection of Study Conferences «Enrico de Nicola - Current Problems of Penal Law and Procedure»
Ed. Giuffrè - Milan - 1996 - XIV 302 pages
This Volume assembles the proceedings of the XIXth de Nicola Conference on Current Problems of Penal Law and Procedure (St. Vincent, 6th-8th May 1994) which dealt with the subject of reforming the Penal Code, which seems undelayable, both to scholars and practitioners in Criminal Law, and also in the eyes of public opinion. CNPDS has encouraged a broad debate, promoting an analytical confrontation between members of the commission drafting the Penal code reform Bill put to the Chamber of Deputies by Minister Conso, and outside expert observers from the judicial, academic and forensic world. From this resulted important proposals, united in the knowledge that the reform of the Penal Code is one of the most demanding tasks that the legislature must tackle. After the passage of half a century, the response must not be a matter of improvisation, but requires an organic system which will draw direct inspiration from the norms, principles and values to be found in the Constitution.
The painful road of reform in the fiftieth anniversary of the Republic (G. Vassalli) - The general doctrines of Criminal Law (M. Gallo) - The delegated scheme for law reform: working method and principles to be followed (A. Pagliaro) - The principle of taking the offensive (C. Fiore) - Merits and limits of the principle of taking the offensive in recodification (F. C. Palazzo) - The principle of taking the offensive in the legislative scheme for a new Penal Code (F. Mantovani) - The principle of taking the offensive (F. Angioni) - The principle of liability (C. F. Grosso) - Criminal policy and codification of the principle of liability (G. Marinucci) - The principle of liability (A. Pagliaro) - Principle of liability and abandonment of objective responsibility: the fate of crimes aggravated by the circumstances (S. Ardizzone) - Considerations on probable malice and premeditated crime (S. Prosdocimi) - The system of sanctions (G. Neppi Modona) - The reform of the public system of sanctions: routes of comparative methodology (C. E. Paliero) - The system of sanctions (D. Pulitanò) - The special part between codification and special penal legislation (G. Fiandaca) - The special part between codification and special penal legislation (G. Flora) - The special part between codification and complementary legislation (A. Fiorella) - Summary report (C. Pedrazzi).
282. IMPARARE ERRANDO. VOCATIONAL TRAINING FOR IMMIGRANTS IN EUROPE
Imparare errando. La formazione professionale degli extracomunitari in Europa
Edited by Riccardo Massa
Research by CNPDS in the framework of an operational Programme of the Ministry of Employment of Italy, financed by the European Social Fund
CUEM Libraries - Milan - 1996 - 801 pages
This Volume publishes an account of a major international research project undertaken by CNPDS for the Ministry of Employment of Italy and the European Union, which explored the complex and variegated interplay of representations, emotions and educative models in the life story and training of young immigrants. Only reference to such dimensions in a multicultural and transnational perspective can provide an adequate basis for training initiatives. Training represents today the only strategy advanced for responding to the dramatic problems of social integration of immigrants in the major European urban areas, going beyond a recurrent focus of provincialism as much as the customary oscillation between social security assistance, deportation and repression. For the first time a question of such importance for community development is studied through a critical examination of extensive updated documentation on the measures instituted in four different European countries (Italy, France, Germany and England), permitting an important exchange of experiences and evaluating their respective strong points, but above all bringing to light deficiencies and inadequacies. The result was an extraordinarily rich insight into the formative, social and employment situation at a European level, with special emphasis on the stark discrepancies between the locations, but also concrete possibilities for integrated and developed policies. The experiences of the immigrants throw new light, through the incidence of different cultural models, on the explosive themes of training, highlighting the crucial importance of elements concerning the processes of social, emotional and cognitive importance. The proposal resulting from this is to continue with systematic interventions to deal with conflicts and the latent attributions whether among the trainers or the trained, favouring reciprocal communication and symbolic exchanges beyond the customary pattern of generic attitudes of acceptance and dependence.
The scheme of the research (R. Massa) - The Italian situation with specific reference to the City of Milan - Vocational training for immigrants - Immigrants in Milan: the situation and the map of training initiatives - The map of initiatives and training courses - The ELFAP course for foreigners to become qualified as social helpers - Conclusions (P. Mottana, C. Palmieri, S. Ulivieri Stiozzi) - The Italian situation with particular reference to Bologna - Foreign immigration into Emilia Romagna - Legislative regulations - Regional interventions with regard to vocational training - Vocational training in Bologna for immigrants from outside the European community - Conclusions (L. Balduzzi, F. Bertolini) - The English situation with particular reference to London - Introduction - Immigration policy in Great Britain - The British educational system - The vocational training system - The policy of vocational training and ethnic minorities - The profile of adult immigrants - Specific interventions for ethnic minorities (E. Nigris) - The French situation with particular reference to the city of Paris - The navigation routes - The vocational training of young male and female immigrants in France - Training, vocational action and the subjects of training - The Paris case of IRTIS (P. Marcialis) - The German situation with particular reference to the city of Mainz - Problems and drafting of the research - Vocational training in the German Federal Republic - Participation of young foreigners to vocational training - Situation of vocational training of young foreigners in the Renania Palatinate - Vocational training of young foreigners in the city of Mainz - Critical summary and proposal for training (O. Filtzinger, D. Haring, M. Knopp-Vater, M. Morgante, C. Staudt, Italian translation by A. M. Ranalletta) - The Italian situation with particular reference to the cities of Rome and Turin - Places, Hypotheses and routes - Evidence of training - Histories in transit - Words and glances - Reality and project - Horizons (I. Auletta, C. Marabini, M. Ricci, R. Ronzio, I Salomone).
283. AID FOR WOMEN
A guide to services in Lombardy for abused women
Aiuto donna. Una guida ai servizi lombardi per le donne maltrattate
Edited by Sonia Stefanizzi
Research by CNPDS promoted by the Assessorato al Coordinamento per i servizi sociali and the Regional Council of the Lombardy Region
Edizioni Unicopli - Milan - 1996 - 221 pages
This guide assembles and integrates all data relating to the research undertaken in the course of a study into the phenomenon of abuse of women by their partners, whether or not cohabiting with them. A more detailed synthesis of
such materials is to be found in this volume at catalogue item 247. This guide offers information on the organizational characteristics and on the types of intervention by the services which interact with the vast and heterogeneous field of female abuse, and offers itself as an instrument for practitioners and for women who seek concrete responses to a problem which still today is characterized by misinformation and a code of silence. The services which are examined are divided according to their public or private connotation, and are presented according to three typologies: refuge houses, advisory services and counsellors. The golden thread linking the various services is the idea that the abused woman is not a weak and defenceless subject, to be helped and pitied as such, but a person who is undergoing temporary difficulties and requires help in order to be able to choose how to escape from her current distressing conditions.
Foreword (L. Pomodoro) - Introduction - 1. Refuge houses - 2. Advisory
services - 3. Counsellors.
284. AFTER MAASTRICHT: WHAT NEXT?
Dopo Maastricht: che fare?
Proceedings of the 5th 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,10th-11th November 1994
Cariplo Report Series - 1996 - 282 pages
The aim of the fifth Conference promoted by the “Giordano Dell’Amore” Observatory on the Relations between Law and Economics was to promote detailed study, and formulate useful operative solutions, in connection with concrete problems, in order to redefine the objectives of Europe’s process of economic and monetary integration. At the centre of the debate was not only the endeavour to perceive how to restructure the old continent following the Treaty of Maastricht, but also to put a focus on the most urgent priority questions for the next few years, by ascertaining ways and schedules for the process of integration of States in Central and Eastern Europe. A leitmotiv in the discussions by the distinguished speakers was the idea, on the one hand, that problems of the current unification process concern not only the nations immediately involved but also major sectors of globe in competition with each other, and on the other hand that this process - in itself unquestionably desirable - is, despite difficulties of geography, culture, economics and politics, in the interests of Europe, its individual States and peoples, and especially and above all a State like Italy.
Welcome Addresses (O. Beltrami) - A Memory of Francesco Saja (G. Conso) - Italy and the economic conditions for the European Union (M. Monti) - After 1993? The benefits of the European Union (R. Vanni d’Archirafi) - The idea of Europe (V. Zamagni) - Eastern Europe: Current and prospective problems of integration into European Union (S. Romano) - European Union, NAFTA and the Asiatic Area (G. Sacerdoti) - Co-ordination, convergence, monetary union: The ambiguity of Maastricht (G. Basevi) - The problem of unemployment in Europe (L. Campiglio) - Economic problems for a single currency (F. Hahn) - Signs of divergence and national disparities (C. Secchi) - Social Europe (T. Treu) - Fiscal harmonization (V. Uckmar) - European Union, national sovereignty and the principle of subsidiarity (A. Predieri) - Democracy, institutions and citizenship of the European Union (A. Tizzano) - Organized crime and risks of vitiation from the single European Market (E. U. Savona) - European market, business systems and safeguarding of competition (L. Guatri) - European competitivity (A. Quadrio Curzio) - Europe between the old and new protagonists of world trade (F. Onida) - A proposal for a European Constitution (P. Bernholz) - Concluding Round Table (L. Campiglio, T. Bianchi, A. Manzella, E. Presutti, A. Quadrio Curzio, E. Severino, C. Smuraglia, T. Ancora).
285. MINORITIES, MULTICULTURALISM, CULTURE OF GLOBALITY
Minoranze, multiculturalismo, cultura della mondialità
Pamphlet containing the reports and contributions at the Brainstorming organized at Courmayeur Mont Blanc, Italy, 9th-12th December 1993, by the Courmayeur Foundation, under the auspices of UNESCO, and with the scientific collaboration of CNPDS
Published in Italian, English, French and Spanish
Ed. Musumeci - Quart, Aosta - 1996 - 144 pages
The scientific organization of the Brainstorming posed specific questions to the participants, including: a definition of the term “Minority” and the factors linked with it (language, ethnicity, history, culture, religion…); the problem of conjugating “inalienable” rights and the co-relative duties of minorities and
of the societies in which they exist; the meaning of minorities in the face of
the major processes of globalization of trade, information and cultural
communication; the problems (on the psychic, juridical and political plane) of minorities in the even of their possible autonomy; the consequences of the huge migrations from areas of poverty to those of prosperity. For the responses and the contribution of individual participants in the debate refer to the summary of reports.
Introduction (T. Tentori) - Russians in the role of national minority in former Soviet Republics (Y. Arutyunyan) - The many antagonisms (M. Callari Galli) - Towards non-minority minorities (M. Canevacci) - Intervention (L. Capogrossi) - A critical anthropological reconnaissance (A. Catemario) - Intervention (A. Chieregatti) - The rights of cultural minorities (J. de Lucas) - Identity, otherness, planetary culture. For an anthropology of reciprocity (G. Di Cristofaro Longo) - Globalization, local cultures and the rural-urban divide (L. M. Edelsward) - National State, “ethnic discourses” and recognition of minorities. An ethnic-anthropological analysis with particular reference to Central and Eastern Europe (C. Giordano) - From identity belonging to the recognition of the social subjectiveness of ethnic-linguistic minorities (G. Harrison) - Immigration, minorities and political cultures in Europe: France, Great Britain and Germany contrasted (U. Melotti) - State and minorities (M. O. Narbona) - Intervention (L. Paronetto Valier) - Promotion of a strategy of dialogue on the problem of minorities (C. Pitto) - The co-existence of minorities and processes of modification of the ethnic self (P. Resta) - The role of open universities in inter-cultural relations (M. B. Rocha-Trindade) - On the definition of minorities (E. Siesby).
286. JUVENILES AND DELINQUENCY
In the Italian and European Context
International Conference on “Juveniles and delinquency in the Italian and European context” held in Milan, Italy, December 1996, organized by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS in collaboration with the Lombardy Region, the Municipality and the Provincial Administration of Milan
Published in English - Milan - 1996 - 104 pages
This Volume assembles the reports presented to the International Conference on “Juveniles and Delinquency in the Italian and European Context”. In particular, the study focused on the causes of juvenile delinquency and on measures to prevent it. An element running through all the reports was that the high complexity of the phenomenology is accompanied by a similar complexity in the culture of the young and their juvenile delinquency, creating major difficulty in identifying the most effective forms of intervention. Today in Italy and other rapidly growing European countries juvenile delinquency is rapidly expanding: the typology of juvenile crime has developed to include new types of offence and social infraction. From offences against property, which in the last decade represented almost the whole of juvenile crime, the scene has passed to highly diversified types and qualities of offence, such as sexual violence, trafficking and use of drugs and, more generally, participation in the activities of organized crime.
Introduction (L. Pomodoro) - The Italian experience (M. Sorcioni, S. Stefanizzi) - The European experience (I. Hydle, M. F. Lücker-Babel, J. M. Canivell) - Juvenile delinquency and public administration (M. G. Dente, L. Pierro, A. Malerba, M. G. Ferrari) - Theoretical and research reflections (R. Massa, G. Pietropolli Charmet, G. De Leo, A. Cavalli, F. Pesci, G. Roma, Don Gino Rigoldi, M. Sorcioni).
287. NON-PROFIT ORGANIZATIONS
Le organizzazioni senza fini di lucro
Proceedings of the 6th 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 at Stresa, Italy, 26th-27th October 1995
No. 2, Collection of the “Giordano Dell’Amore” Observatory
Ed. Giuffrè - Milan - 1996 - XIX 317 pages
This Volume includes the transactions of the Sixth Conference promoted by the “Giordano Dell’Amore” Observatory on the Relations between Law and Economics. The breadth of the phenomenon of non-profit organizations may be explained, on the one hand by the proposition that market mechanisms, while ensuring an efficient use of resources, are inadequate to meet many new exigencies of society, and on the other hand by the crisis in public assets of social security and assistance which has highlighted the limits of the public sector and the impossibility of expecting the State to satisfy every need of solidarity. Drawing upon their notable human resources and inherent characteristics of flexibility in response to collective needs, non-profit organizations are destined to assume the role of third social promoter, alongside the State and the market, to safeguard the complex and growing needs of a mature society. In the international panorama, although there is a different social concept of the third sector, an effort is under way to harmonize the study of non-profit organizations so as to overcome local particularities. Following this approach, Italian research is also coming to a new definition based upon the Private Law juridical nature of the entity, its prohibition on the distribution of profits to its members or employees, and the presence of voluntary labour. The real Italian situation of the third sector, however, displays a number of significant limitations: the delay in acknowledging the possibility of wedding together aims of service and the business culture, the dominant role of the public sector in the direct financing and production of welfare services, the lack of juridical regulation and the inadequacy of fiscal resources. The orientation of the literature is thus towards exploiting the qualitative, professional and structural aspects of non-profit organizations, including the function of a link between the third sector and that of banking undertakings. The latter, once freed from the mingling with aims and typical behaviour of a credit undertaking, can in fact assume the role of realizing programmes of social usefulness, either by themselves or in association with third parties.
Welcome Addresses (S. Molinari, O. Beltrami, C.A. Ciampi) - Introduction (Burton A. Weisbrod) - Round Table: Beyond profit or as well as profit? (C. A. Ciampi, A. Baldassarre, E. Filippi, P. G. Jaeger, A. Penati) - The emergence
of non-profit organizations in mature societies: If not for profit, what for? A sketch for a crowding theory (B. S. Frey) - Non-profit organizations and market economy: A project for a civil economy (S. Zamagni) - Too many non-profit
organizations? Problems of entry and exit (H. Hansmann) - Juridical aspects of non-profit organizations and their discipline (A. Predieri) - Donation and philanthropy in a commercial society: Altruism and not for profits: ends well as means (G. Calabresi) - Juridical and fiscal implications of donations and their regulation (J. G. Simon) - Public services versus private philantropy: Are there winners or losers? (C. T. Clotfelter) - Non-profit organizations in Italy today: Political and social relevance of non-profit organizations in Italy (B. Gui) - Problems of management and efficiency (E. Borgonovi) - Reasons and role of social, national and international voluntary service (P. Casella, G. Judica) - Non-profit institutions in the health service (S. Sterpi) - Profit and non-profit in scientific research (S. Garattini) - Non-profit work: How and why? (F. Colombo) - Intervention (F. Contri Bruzzone) - The Foundation in the banking sector: Efficiency and morality: bank foundations and the growth of the non-profit sector in Italy (P. Ranci) - Bank foundations between past and future (G. Ponzanelli) - The outlook for banking foundations and proprietary assets of the credit system -(S. Preda) - Intervention (C. A. Ciampi) - Debate (F. Giongo, M. Cortese, D. Guzzi, D. De Poli, G. Grottanelli De’ Santi) - Concluding Remarks (V. Onida) - Communications (U. Agnelli ) - Involvement of non-profit institutions in social services (P. De Carli).
288. MIGRATION AND CRIME
Reports presented to the ad hoc Ancillary Meeting organized by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS in the framework of the IXth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Cairo, Arab Republic of Egypt, 29th April-8th May 1995)
Published in English
ISPAC - Milan - 1996 - 128 pages
The problems connected with migration represent one of main issues throughout the world and - since they concern the nations in which migrants originate, through which they pass, and where they arrive - they call for a co-ordinated response by the international community. Unilateral repressive measures deal with only one aspect of the problem. It is therefore necessary that governments implement measures which will take account of the political, social and economic dimension, as well as the human rights associated with the problem, offering alternatives both to those who decide voluntarily to migrate and those who are obliged to do so. The search for enduring solutions requires recognition of the consequences of the current restructuring of the global economy and the repercussions of the collapse of strongly authoritarian regimes followed by unstable democracies or feebly authoritarian regimes, as well as the need to convince citizens in developed countries of the need to share responsibility for the phenomenon, with a far-sighted vision of the interest that the developed countries have in helping the countries of migrants’ origin to provide themselves with a good government and better opportunities in the framework of world trade. The policies to adopt must be established on a scientific base. For example, Canadian and US studies show that the economic consequences of immigration are not negative, and that it is a misapprehension that immigrants deprive native citizens of employment. This must be acknowledged as an antidote to xenophobia. Currently, however, available statistics on crime and migration are scanty and insufficiently specific to permit easy conclusions on the link between the two phenomena. There is need for an inter-disciplinary, comparative and inter-cultural study, which will distinguish types of crime and types of migrant, while considering the latter not only as authors but also as victims of crime.
Introduction (A.P. Schmid) - Migration and crime: a framework for discussion (A.P. Schmid, E.U. Savona) - Hard times in countries of origin (S. Schmeidl) - Hazards of transit (R.R. Rodgers) - Host country crime problems (K. Tomasevski) - Host country xenophobic reactions (F. Elbers, A.P. Schmid) - Concluding observations (A.P. Schmid) - Appendix: rules governing international migration - Bibliography (A.P. Schmid, W.F. McDonald).
289. MIGRATION AND CRIME. THE INTERNATIONAL DIMENSION OF THE PROBLEM
Migrazione e criminalità. La dimensione internazionale del problema
Research entrusted to the CNPDS by the Ministry of Justice of Italy and co-ordinated by Ernesto U. Savona. Collaborators: S. Goglio, G. Da Col, A. Di Nicola
Milan - 1996 - 132 pages - 35 tables -12 graphs.
This research was motivated by the Report prepared by ISPAC which was presented to the IXth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, recognizing the need for a detailed study on the links between migration and crime, in view of the major importance assumed by this phenomenon in Italy and elsewhere in Europe. The difficulty in harmonizing the policies of fifteen States in the European Union in the field of migration, and the pressures to reform Italian legislation in a European perspective, thus inspired the research, the results of which are assembled in this volume. Today, in fact, Europe is a laboratory where the problem is analysed and where harmonized policies to regulate the migratory problem, which will be able to minimize the costs occasioned by organized crime that the States are increasingly suffering, should be tried out. There are a number of ways of approaching the problem; the method chosen here is to explore the quantitative and qualitative dimensions of the two connected phenomena (migration and crime), to analyse specific policies aimed at regulating the floods of migrants, and to formulate proposals to resolve the situation in Italy.
The link between migration and crime - Approaches adopted in research - Migration and crime: a first attempt to quantify the problem - When the demand for illegal immigration coincides with the offers made by criminal organizations - International policies with regard to migration - Italian policies with regard to migration - Recent trends in the policies of the European Union with regard to migration - Modes of intervention - Conclusion - Organizations contacted.
290. MIGRATION AND CRIME IN THE WORLD TODAY AND PARTICULARLY IN THE METROPOLITAN AREA OF MILAN
Migrazione e criminalità: nella realtà contemporanea e nell’area metropolitana milanese
Research entrusted to CNPDS by the Municipality of Milan and the Ministry of Justice of Italy
Milan - 1996 - 93 pages
This publication results from a research carried by CNPDS and commissioned by the Municipality of Milan and the Ministry of Justice of Italy. The study tackles the problem of the relationship between immigration and crime specifically in the Milanese Metropolitan Area. The assessment of the involvement of foreigners in criminal activities must derive from a factor, which is either emotive or associated with the broader sense of general dissatisfaction, so as to exaggerate the idea of foreigners being tied in with crime, although this, in Italy at least, is still of manageable proportions. The presence of foreigners represents a challenge: to establish the foundations for a multi-ethnic, multi-religious and multi-cultural edifice, as an expression of the not-too-distant future of our society.
Foreigners and crime: the situation in Italy - The presence of foreigners in Italy - Available sources of evaluating the presence of foreigners - Immigrants and crime - Foreigners in custody - Foreign minors and crime - Foreigners and crime: the situation in Milan - Quantitative aspects of the phenomenon - Immigration and unlawful conduct - Progress of the phenomenon and its territorial distribution - The ethnic groups involved - The most common offences - Immigrants in prison - Immigrant minors and crime.
291. THE ROLE OF THE PUBLIC PROSECUTOR IN CRIMINAL JUSTICE, ACCORDING TO THE DIFFERENT CONSTITUTIONAL SYSTEMS
J. De Figueiredo Dias, G. Di Federico, R. Ottenhof, J. F. Renucci, L. C. Henry, M. Shikita
Reports presented by the International Association of Penal Law, the International Society for Criminology, the International Society of Social Defence and the International Penal and Penitentiary Foundation, to the Ancillary meeting held at the IXth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Cairo, Arab Republic of Egypt, 4 May 1995, edited by IRSIG-Istituto di Ricerca sui Sistemi Giudiziari - Italian National Research Council
Published in English and French
Ed. Lo Scarabeo - Bologna - 1996 - 76 pages
This Volume assembles the Reports presented by the four major non-governmental Organizations in the field of criminal policy (International Association of Penal Law, International Society for Criminology, International Society of Social Defence, International Penal and Penitentiary Foundation) to the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Cairo, 1995). The Reports demonstrate the delicate relationship between the independence and the accountability of the Public Prosecutor. Both principles are important in a democratic system: that of independence to safeguard the Public Prosecutor from being influenced by parties who would wish to direct his conduct and, in particular, to protect him from the influence of the prevailing political majority; that of accountability to ensure that
the Public Prosecutor’s discretionary powers are determined and legitimated through the democratic process. With regard to the evolution and role of the Public Prosecutor in England, USA, France and Holland, the Volume shows how there has been a trend over recent decades, with regard to both values, to stress the aspects protecting the Public Prosecutor’s independence, without however questioning the principle of accountability.
The role of the Public Prosecutor in penal justice. A criminological approach (J. De Figueiredo Dias) - Prosecutorial independence and the democratic requirement of accountability in Italy (G. Di Federico) - The role of the Public Prosecutor (R. Ottenhof, J. F. Renucci, L. C. Henry) - The role of the Public Prosecutor in a changing world (M. Shikita).
292. THE EXCEPTION AND THE RULE
The allure of the adult world of crime for the life-styles of the young
L’eccezione e la regola
La seduzione della criminalità adulta nelle storie di vita dei giovani
Edited by Sonia Stefanizzi, Gubert Finsterle, Renata Semenza
Research by CNPDS promoted by the Assessorato assistenza e sicurezza of the Lombardy Region
Edizioni Unicopli - Milan - 1996 - 133 pages
This Volume takes its cue from a research on the relations between organized crime and young persons in the Milanese area, which was undertaken by CNPDS for the Social Security Council of the Region of Lombardy. The aim is to link a model of sociological analysis with one of psycho-analytical unlawful conduct so as to achieve a view of the phenomenon of juvenile delinquency, both from the standpoint of social conditions and processes and from the
experiences of individual subjects. The world of adult crime is thus examined from the viewpoint of minors, in particular those have been involved in it,
seeking to understand the emotional, cultural and social bonds which tie young persons in with criminal organizations.
Introduction (G. Pietropolli Charmet) - The interpretation of illegal conduct - The concept of deviant conduct and sociological theories - Psycho-analytical theories - The methodological route: the two linked approaches - Society and young persons - The role of the family in the emotional and relationship-oriented life of the young - The relationship with the institutions - The perception of the deviant action - Symbolic descriptions by young persons - The young in the penal context - Juvenile deviants - Normal young persons - Bibliography.
293. THE RIGHTS OF THE DEFENCE FROM PRELIMINARY INVESTIGATIONS TO ALTERNATIVE PROCEDURES
in memory of Gian Domenico Pisapia
Il diritto di difesa dalle indagini preliminari ai riti alternativi
in memoria di Gian Domenico Pisapia
Proceedings of the Study Conference held at Cagliari, Italy, 29th September-1st October 1995, organized by CNPDS with the patronage of the Assessorato Affari Generali of the Region of Sardinia, the Bank of Sardinia, the City of Cagliari, the Provincial Administration of Cagliari, the Cagliari Chamber of Commerce, Credito Industriale Sardo, and the Bank of Sassari
No. 20, Collection of Study Conferences «Enrico de Nicola - Current Problems of Penal Law and Procedure»
Ed. Giuffrè - Milan - 1997 - XVI 129 pages
This publication assembles the proceedings of the XXth “Enrico de Nicola” Study Conference dedicated to the memory of the late lamented Professor Gian Domenico Pisapia. In the introductory part it is underlined that CNPDS - since 1953 - in the fervour of studies for a reform of the Penal Codes, promoted research into related problems with a series of Conferences which dealt with the most urgent and current themes. As one reads in the scholarly introductory part of the Volume, following the tradition of the Enrico de Nicola Conferences, this one concerns itself with the rights of the defence, with preliminary studies of procedural alternatives, a theme which has been at the centre of a lively cultural and political debate and represents a fundamental point of reference for the correct consideration of a series of important theoretical and practical questions. The various aspects were discussed: the rights of the defence and cross-examination in the Constitution and in International Conventions, the defender of the accused in the new Code, the defence before the hearing in the Anglo-American model, relationship with the activities of the Public Prosecutor, investigations of the defenders, the admissibility of investigation findings, protective custodial measures, the preliminary hearing, special proceedings and the dialectics with the accused from the deontological aspect.
Inaugural Session (G. Conso, F. Pintus, M. Delogu, E. Conti, F. Palomba) - A memory of Gian Domenico Pisapia (A.Cristiani) - The rights of the accused under the Constitution and International Conventions (M. Scaparone) - The defence before the hearing in the Anglo-American model (V. Fanchiotti) - The defence in the course of the preliminary investigations - Relations with the activity of the Public Prosecutor (M. Nobili) - Investigations by the defence (O. Dominioni) - Defensive safeguards and protective custody of the accused (V. Grevi) - Rights of the defence in the preliminary hearing (G. Lozzi) - The defence in special proceedings (E. Zappalà) - Deontology of the Public Prosecutor in relations with the defence (E. Bruti Liberati) - Dialectics with the accused from the deontological aspect: rules for the defender (G. Pecorella) - Contributions and proposals (G. Delfini, S. Lorusso, L. Filippi, D. Contestabile, T. Mazzucca, G. Ichino) - Conclusions (G. Conso and F. Pintus).
294. REGULATION OF BUSINESS GROUPS: THE PROBLEM TODAY
La disciplina dei gruppi di imprese: il problema oggi
Proceedings of the Conference held at Courmayeur Mont Blanc, Italy, 31st March-1st April 1995, organized by CNPDS and the Courmayeur Foundation
No.14, Collection of Study Conferences «Current Problems of Civil Law and Procedure»
Published in Italian, French and Spanish
Ed. Giuffrè - Milan - 1997 - XIV 302 pages
This Volume is part of the study collection of “Current Problems of Civil Law and Procedure” and presents the proceedings of the Conference held at Courmayeur, 31st March-1st April 1995, organized by CNPDS and the Courmayeur Foundation. The theme which was examined and discussed has a special importance at the present time, as may be perceived in the Reports. Various aspects of the regulation of groups of companies were examined, taking account not only of the economic and juridical but also of the structural and organizational aspects, as well as the viewpoint of members, companies and businessmen. The participants examined in detail the current legislative controls in addition to the Civil Code regulations and came to the conclusion that an up-to-date re-examination of this whole field from a juridical and economic standpoint would be most timely.
Opening Session (A. Predieri, F. Stévenin, A. Baldassarre) - Introductory report (P.G. Jaeger) - The typology of groups. Extent, functions and development opportunities of Italian groups (F. Barca) - The typology of groups (S. Meacci) - Notes on the public use of corporate groups (A. Predieri) - The pathology of groups (V. Salafia) - The comparative law of groups (R. Pardolesi) - Groups of companies in Spanish law (A. Rojo) - The French law dealing with groups of companies (Y. Guyon) - The regulation of groups of companies: the problem today (P. Schlesinger) - The Italian law of groups de jure condendo: the groups and creditors (M. Miola) - Perspectives of the protection of foreign shareholders in groups of companies (G. Scognamiglio) - Groups of companies in Italian Employment Law (T. Treu) - Groups of companies and the Exchequer (F. Gallo) - Concluding Round Table (G. Minervini, E. Berlanda, E. Filippi, F. Grande Stevens, F. Galgano) - Debate (U. Ruffolo, R. Pennisi, A. Mimmo, G. Panzarini, G. Sbisà) - The regulation of banking groups between supervisory controls and effects of substantive law (M. Perassi).
295. THE INFORMED CONSENSUS: JURIDICAL, ETHICAL AND MEDICAL ASPECTS
Il consenso informato. Aspetti giuridici, etici e medici
Proceedings of the Conference held in Milan, 12 June 1995, promoted
by CNPDS and the Istituto Europeo di Oncologia-IEO in collaboration with “Giustizia e Costituzione” Associazione di studi giuridici e costituzionali “Emilio Alessandrini”
Casa Editrice Nuove Ricerche - Ancona - 1997 - 118 pages
This Volume assembles the proceedings of the Conference promoted by CNPDS and the European Institute of Oncology-IEO, which was attended by many eminent persons in the field. The cue for the debate, as specified by Professor Umberto Veronesi at the beginning of the Conference, was that the Ethical Committee, who inspired the Conference, has among its tasks the protection of patients from excessive liberties taken by the medical profession, whether in the conduct of clinical tests or in the everyday application of treatment. In the extremely difficult context of the subject, the Committee itself determined the priority need to know, analyze and rationalize the conscious and informed participation of the patient in the therapy. If the decision on the therapeutic act must lie in the final analysis with the patient, information on his illness and condition can only be the preliminary stage. The proceedings of the Conference have been assembled by the “Emilio Alessandrini ‘Justice and Constitution’ Association of Juridical and Constitutional Studies”.
Opening of the Conference (U. Veronesi, G. Conso, A. Beria di Argentine) - Medical, psychological and medical-legal aspects (M. Aapro, L. Ancona, A. Fiori, G. Masera) - Juridical aspects (G. Ghidini, F. Mantovani, L. Pomodoro, A. Santosuosso, P. Zatti, E. Guzzanti) - Ethical aspects (Father C. M. Charlot, G. Grassani) - Work of the Conference sessions: medical aspects (F. Rilke); Juridical aspects (V. Salafia); Ethical aspects (C. G. Vella, R. Mordacci) - Conclusions of the Conference (G. Conso).
296. THE TARGET FAMILY
The image of the family in the productive activity of the media
Il Target famiglia. L’immagine della famiglia nell’attività produttiva dei media
Proceedings of the International Conference held at Courmayeur Mont Blanc, Italy, 20th-21st March 1995, organized by CNPDS and AVAM-Associazione
di volontariato per la comunicazione Audiovisiva e Multimediale and by the Courmayeur Foundation in collaboration with the United Nations Secretariat for the International Year of the Family
Ed. Musumeci - Quart, Aosta - 1997 - 304 pages
As one reads in the introduction, this Conference on “The Target Family” arose from a dual perception: the first is that, in current conditions, it is necessary to promote a new culture of audio-visual communication which will be capable of developing the whole of the human person, with particular regard to enhancing its ethical, civil and social sensitivity; the second is that such development must be on an international scale, focusing attention on the primary nucleus of society which is the family. In this perspective, through the intervention of professionals and practitioners of the national and international media, and with the contribution of scholars in communication and law, the Conference concentrated its focus on the following issues: what image of the family is the ideal goal in the productive practice and programming customarily followed by the audio-visual media?; what role is played, and could be played, by the publicity market in defining this “model family” as the natural audience for television programming?; do conditions exist for proposals that may serve as a common reference point at an international level, considering also the global dimension assumed by the panorama of multi-media?
Introduction (G. Lombardi) - Welcome Addresses (L. Passerin d’Entrèves, S. Cosson, D. Viérin, N. Younes) - Round Table on “The Target Family” (G. Bettetini, P. De Benedetti, G. Gori, E. Milano, F. Di Chio, P. Zucchelli, S. Robillard) - Debate (M. Mazzocco, M. D’Amato, A. Marzotto Caotorta) - Intervention (V. Melchiorre) - Development needs, play and television: a growing issue in education (J. Bennett) - The captive guest (F. Casetti) - Television as a challenge to the relations between family members (H.-R. Leu) - Virtual socialization (M. Livolsi) - Television and the process of socialization in a state of evolution (D. Varin) - Infancy in television (M. D’Amato) - Family and styles of media consumption (B. Fenati) - Debate (I. Carta, Z. Alatas, S. Menescardi, V. Bernardetto, A. Luquer, A. Savaré, G. Di Cristofaro Longo, M. Mazzocco, P. De Benedetti, E. Milano, F. Casetti, D. Varin, M. Livolsi, M. D’Amato, B. Fenati, V. Melchiorre) - Intervention (D. Kopcanova) - Damage of individual rights in Italian
jurisprudence (G. Alpa) - Protection of minors in audio-visual and multi-media communication (C. M. Bianca) - Individual rights and psycho-physical damage in television communication (C. Romano) - The public family, an ethical subject (C. Soria) - Educative aims and pedagogic discourses in television transmissions (R. Massa) - Family and mass media (G. Di Cristofaro Longo) - Debate (M.L. Ferroglio, G. Di Cristofaro Longo, D. Kopcanova) - Round Table on “Television and Family” (V. Mathieu, Cardinal E. Tonini, M. Bernardi, S. Giacomoni, A. Comazzi, G. Delbecchi, A. Grasso) - Intervention (H.J. Sokalski) - Family socialization in a media-dominated environment (P. Donati) - New media and family (G. Bettetini) - Debate (H.J. Sokalski, M. Mazzocco, G. Bettetini) - The video and vanishing child (N. Young) - Debate (H.J. Sokalski, A. Luquer, N. Young) - Westernalization, the Family and the Media (Z. Alatas) - The Role of the Media in sustainable human development (J. B. Weinhold) - Debate (S. Bolaffi Benuzzi, J.B. Weinhold, H.J. Sokalski) - The representation of problems of minors by the media (L. Pomodoro, F. Stevenin) - Final considerations (A. Beria di Argentine) - Appendix - Round Table on “The proposals of the voluntary association for ethical principles and a new culture of audio-visual and multi-media communication aimed at the family (G. Grassani, D. Micucci, M. L. Magnaghi, A. M. Natale, L. Zani Minoja, G. Gabrielli, L. Capitanio Rasore Quartino, M. Viscovi, Father L. Morell, Cardinal Schuster Youth Sporting Centre, D. Potito, ANPAS (Associazione Nazionale Pubbliche Assistenze), E. Longhini).
297. GOVERNMENT OF THE ECONOMY AND OF THE INSTITUTIONS
in memory of Giovanni Spadolini
Il governo dell’economia e delle istituzioni
in memoria di Giovanni Spadolini
Proceedings of the Conference held in Milan, Italy, 10th-11th May 1996,
organized by CNPDS in collaboration with the Bocconi University, the
Lombardy Region and the Milan Chamber of Commerce
Ed. Giuffrè - Milan - 1997 - XXI 202 pages
This Conference aimed to develop the debate on an apparent paradox in contemporary society, whereby, on the one hand, there is an increasing inter-dependence between the various sectors (economic, institutional, socio-political), while, on the other, greater exigencies for decisional and operational autonomy is being demanded by all the social and economic practitioners, invoking the principle of freedom and economic, political and social pluralism. This situation also characterizes the Italian scene, where, more than in other countries, public considerations influence the Government, restricting its ability to escape from short-term emergencies so as to be able to plan for the long-term future.
General introduction (M. Monti) - The regulation system of economic processes - Intervention (M. Talamona) - Economic behaviour of business between the model of open competition and the model of collaborative competition (E. Borgonovi) - Policies of competition and industrial development in the context of internationalizing markets and business undertakings (P. Sylos Labini) - The regulation of business-banking relations and structure of the real and financial economy (G. Forestieri) - Institutional control mechanisms for public finance as the condition for balanced development (R. Artoni) - Debate (M. Vari, R. Artoni, E, Borgonovi, M. Monti, P. Bassetti, A. Mimmo) - The role of the public institutions in support of a balanced development of the State system - Intervention (F. Pintus) - Evolutionary trends in Business and Economic Law for the reconstruction of a new framework of legality in support of development (P. Marchetti) - For justice and efficiency in the system of civil justice (G. Tarzia) - Intervention (A. Baldassarre) - Legality and guarantees of certainty and efficiency in the penal justice system (V. Zagrebelsky) - Intervention (A. Baldassarre) - Legality and guarantees of certainty and justice in the administrative system (G. Pastori) - The efficiency of the system of collective services as infrastructures for an ordered development of the economy and society (M. Vari) - Debate (E. Bruti Liberati, G. Militello, A. Beria di Argentine, T. Mazzuca, V. Zagrebelsky, A. Baldassarre) - Concluding Round Table (R. Formigoni, C. A. Ciampi, G. De Rita, F. Bassanini, P. A. Capotosti, D. Fisichella, A. Penati, A. Quadrio Curzio, G. Rossi, C. Secchi, G. Urbani) - Concluding considerations (G. Sartori).
298. RESPONDING TO MONEY LAUNDERING: INTERNATIONAL PERSPECTIVES
Edited by Ernesto U. Savona
Selection of the Reports presented to the International Conference on “Preventing and Controlling Money Laundering and the Use of the Proceeds of Crime: a Global Approach”, organized by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS and by the Courmayeur Foundation, in collaboration with the Italian Government, under the auspices of the United Nations Crime Prevention and Criminal Justice Branch
Courmayeur Mont Blanc, Italy, 18th - 20th June 1994
Published in English
Harwood Academic Publishers - The Netherlands - 1997 - 319 pages
This Volume, after first introducing the problem of laundering the financial proceeds of crime - examined both quantitatively and qualitatively - and its international dimensions, analyses the main trends of the phenomenon and its most important implications for the developed countries. The subsequent chapters describe the instruments used by the various governments and legal systems to combat money laundering and provides a detailed analysis of international, national and regional anti-money-laundering regimes. As the Introduction emphasizes, this document, while presenting a broad pattern of experiences, is interwoven - as a common thread - by the idea that globalized problems demand equally globalized responses, i.e. a serious endeavour by the international community to introduce concerted actions to fight money laundering and, more generally, utilization of the proceeds of crime.
Introduction (E. U. Savona) - The problem and its diverse dimensions (L. Dini) - International money laundering trends and prevention/control policies (E. U. Savona and M. A. DeFeo) - Money laundering and measuring illegal activity:
an economic analysis (A. H. Hallett) - Macroeconomic implications of money laundering (V. Tanzi) - International and national responses to the globalization of money laundering (M. C. Bassiouni, D. S. Gualtieri) - Investigating and
prosecuting the proceeds of crime: A common law experience (J. L. Evans, G. Turone) - Obstacles in controlling money laundering crimes (P. Bernasconi) - Money laundering and regulatory policies (M. Levi) - Regulatory strategy and international corporate controls (B. Fisse) - Afterword (G. Giacomelli).
299. MEMORIES AND IDENTITIES: PERSPECTIVES IN THE PROCESSES OF CHANGE
Memorie e identità: prospettive nei percorsi del mutamento
Reports and contributions at the Seminar on “Memories and identities: perspectives in the processes of change”, organized at Courmayeur Mont Blanc, Italy, 30th November-3rd December 1995, by CNPDS in collaboration with the Commissione Nazionale Italiana per l’UNESCO, Assessorato alla Pubblica Istruzione of the Aosta Valley Region and the Courmayeur Foundation
Published in English, French, Italian and Spanish
Ed. Musumeci - Quart, Aosta - 1997 - 222 pages
The Seminar dealt with the problem of the relationship between different cultures and of cultural dispersion, which are salient questions for our current society. Today, one speaks more of globalization and of planetization of the economy, often without realizing that a similar process is occurring in the field of behaviour and social and cultural conflicts. It suffices to think of the levelling effects, but also of the conflict between cultures, brought about by the development of the means of mass-communication and telecommunications; or of the conflictual effects characterizing more or less clandestine migrations; or, again, of the increasingly transnational character of business and Mafia-type crime. We are now experiencing an internationalization of the social, which is certainly no less than the economic internationalization. Managing the differences seems to have become the hope, and simultaneously the threat, for our future. Indeed, the inter-dependence of markets, the diffusion of goods and assets, the pervasiveness of seemingly homogenous information, seem, on the one hand, to urge even broader sharings, while, on the other, they superimpose on ancient and tenacious differentiations, creating thereby new tensions, particularisms and lacerations. The rapid and extensive epochal change which is under way, requires, not only the acquisition of knowledge resulting from scientific learning and permanent updating, but also a renewal of the mode of relating to the new reality, accompanied by a constructive dialogue between the various societies on the planet, while respecting the identity of individuals. The present stake favours a “reasonable” globalization, finding in the variety of our cultures a heritage of strengths and resources through which to succeed in formulating a growing quality of life for all, while recognizing their diversity.
Welcome Addresses (L. Passerin d’Entrèves, F. Derriard, R. Louvin, A. Beria di Argentine, K. Stenou) - Education to interculturality (R. Panikkar) - Social marginality, cultural transmission, collective conflicts (M. Callari Galli) - Who are we and what are we speaking about? (F. Rositi) - Human rights and international guarantees for them (G. Lombardi) - Concluding remarks (T. Tentori, L. Pomodoro) - Communications: - Minorities and their dignity in the future Europe (E. Andrione) - Heuristic steps for overturning the transmission of destructive aggressions in shared memories and identities: vignettes from Estonia (M. Apprey) - The splitting of Czechoslovakia including emigrés of Czech and Slovak origin in France (S. Broucek) - Beyond multiculturalism (R. Caporale) - The cultural frontiers of labour (A. Chieregatti) - Dilemmas of the management of cultural identity dynamics: Selected aspects (J.W. Dacyl) - For an anthropology of peace (G. Di Cristofaro Longo) - Multiculturalism. The paradox of tolerance and rights (J. De Lucas) - Memory and identities: Perspectives in the process of change. An anthropologist’s annotation (I. M. Greverus) - On dealing with memory, identity and perspectives (A. Haselbach) - The current global crisis and the rupture of occidental civilizing models (I. Moreno) - Cultural rights and the evolution of national cultural policies (M. Kovacs) - Water as a bone of contention (A. Nachmani) - Inter-cultural routes today: Visual and technological communication (E. Martella) - The trip and the encounter (P. Resta) - The role of memory and identity in the process of change: Psychopolitical perspectives (R.R. Rogers) - The presence of foreign pupils in the Italian educational system: A reality in quick evolution and an incentive to intercultural education (R. Rossi) - Initiatives in the field of cultural mediation on behalf of the Istituto Orientale di Napoli (L. Santa Maria) - European cultural pluralism as viewed from India (M. Varadarajan).
300. INTERNATIONAL ADOPTION AND THE MULTI-ETHNIC FAMILY
Juridical aspects and socio-cultural dynamics
Adozione internazionale e famiglia multietnica. Aspetti giuridici e dinamiche socio-culturali
Proceedings of the Seminar held in Milan, Italy, 27th May 1996, organized by CNPDS, in co-operation with the Lombardy Region
Ed. Giuffrè - Milan - 1997 - VII 81 pages
The multi-ethnic family is becoming an important reality in our national context, not only for the growing numbers of mixed marriages and pairings, but also because of the expanding phenomenon of international adoptions. The trend towards multi-ethnicity in our family groups represents in a certain sense a new type of resource which may assist the process of integration in a society which is becoming more internationalized, both economically and socially. But there is no lack of problems and obstacles, from a double point of view: in the sense of a still inadequate application of international normative structures - especially with regard to the protection of foreign minors - but also in the sense of the difficult psychological and cultural impact caused by the clash of different cultures which occur with international adoptions. This Seminar showed how Italian legislation provides procedures for adoption which differ according to whether the minor is Italian or foreign. In Italy, the international adoptions effected by institutions authorized by the State - which act as intermediaries between the “giving” and the “receiving” States - represent only a tenth of the overall number of adoptions approved. But above all, Italian law so far does not provide obligatory controls on the operative means of adoption which such intermediaries must observe; moreover, there are still difficulties in applying in the Italian system the prescriptions of the Hague Convention, the objective of which was to eliminate disparities in the safeguards for national and international adoptions, so as to secure the same opportunities for all children in a genuine condition of abandonment.
The steps towards the multi-ethnic family (M. Callari Galli) - Protection of minors and co-operation in the Hague Convention (O. Koverech) - Foreigners and Italians in adoption (C. Losana) - Difficulties of application in the Italian system (L. Fadiga) - Families as a resource for the process of social integration (C. Collicelli) - Family relationships in international adoption (B. Barbero Avanzini) - Pairing and the first meeting: the process of the adoptive relationship (A. Dell’Antonio) - Assistance by the social services to the adoptive family (L. Pierro) - Conclusions (L. Pomodoro).
301. SCIENCE, TECHNOLOGY, SOCIETY AT THE THRESHOLD OF THE XXIst CENTURY
Scienza tecnologia società alle soglie del XXI secolo
Proceedings of the 7th 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 at Stresa, Italy, 25th -26th October 1996
No. 2, Collection of the “Giordano Dell’Amore” Observatory
Ed. Giuffrè - Milan - 1997 - XVI 211 pages
During the 20th century, events of social and economic history have been
inter-linked with the extraordinary transformations resulting from scientific development. New universes have opened up for human exploration: in the mechanisms of life (molecular biology) and of the mind (the neuro-sciences and cognitive sciences), in the mastery of the infinitely large and the infinitely small. Renewed technologies have opened previously unimagined possibilities for intervention by mankind. Nevertheless, although this century will bequeath to the future a great patrimony of scientific and technological knowledge, it is closing in a climate of disquiet, not to say hostility, with regard to that self-same science. The framework of certainties characterizing the last century has given way to a growing number of doubts and questionings. On the threshold of the new century, science, while celebrating its triumphs, is wondering about its future path, role and responsibilities in human society. In this context, the “Giordano Dell’Amore” Observatory - with the present Conference - has offered a moment of inter-disciplinary reflection on the prospects for modern science, in its links with man, society, the economy and the institutions. In the final part, special attention is reserved for scientific research in Italy, in the context of European and international research. From the concerns expressed during the debate, one may draw useful impetus for important pointers on the planes of economic policy, research and education. In conclusion, the Conference expresses serious concern that, failing a vigorous policy of research and technological innovation, Italy risks falling into a spiral of industrial run-down and international marginalization.
Welcome Addresses (A. Baldassarre, O. Beltrami, A. Folli) - The role of science in modern society (N. Rosenberg, G. Roma) - Science in the period of uncertainty (P. Suppes, N. Dioguardi, M. Mondadori) - Science, ethics and democracy (S. Rodotà, E. Resta, P. Rossi) - The evolution of relations between science and politics in a global scenario (U. Colombo, G. Corna Pellegrini Spandre, G. Zampaglione) - Science, technology and human resources (F. Pistella, A. Airaghi, U. Rosa) - Innovation and global economy: how will our children and grandchildren make a living? (L. Campiglio and P. J. Hammond, P. Sylos Labini, M. Baussola) - Debate (S. Sterpi, C. Tomassini, F. Courmoz, B. Perrone, G. Calabresi) - The politics of research in Italy in the context of European integration (A. Ruberti, P. Bisogno, L. Pietronero) - The system of research in Italy and its articulation (E. Garaci, F.T. Arecchi, L. Caglioti) - Debate (L. Lorenzi, A. Ruberti, E. Garaci) - From business innovation to profit (L. Mercurio, B. Lamborghini, C.A. Ricciardi).
302. VIOLENT CRIME AND CONFLICTS
Reports prepared for the International Conference on “Violent Crime and Conflicts. Towards Early Warning and Prevention Mechanisms”, organized by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme ISPAC-CNPDS, the Courmayeur Foundation in collaboration with the United Nations Office at Vienna, Crime Prevention and Criminal Justice Division, the Forum on Early Warning and Early Response-FEWER, under the auspices of the Ministry of Justice of Italy, Courmayeur Mont Blanc, Italy, 4th-6th October 1997
Published in English
ISPAC - Milan - 1997 - 122 pages
The aim of the Volume is to stimulate a dialogue between criminology experts on the one hand and experts in conflict and peace on the other. In this context, certain concepts and approaches in recent literature, in the field of armed conflicts, on “Early Warning” are discussed, in the hope that specialist scholars in violent crime may discover analogies or find reasons to adapt or take advantage of some of such ideas in their own research fields. Everyday experiences in countries throughout the world bear witness to the fact that conflict and crime thrive on vicissitudes and may have common roots, such as social fragmentation and disintegration, political instability, economic inequalities, racial discrimination, or yet again, unequal opportunities in life or the easy availability of drugs, arms and alcohol. The text illustrates some indicators and focal points of criminological knowledge as predictors for violent crime. The strength of criminology - it must be stressed - lies in its ability to pre-identify social factors at a macro-level, related to the probable violent behaviour of individuals (at a micro-level), so as to draw useful pointers on preventing violence in its multiple manifestations, or, at least, to mitigate its impact.
Introduction (A. P. Schmid) - Can criminology predict interpersonal criminal violence and crime trends? (I. Haen-Marshall) - Prevention of violent crime: from benefits and international best practice to safer communities (I. Waller and B. C. Welsh) - Early warning of violent conflicts: causal approaches (A. P. Schmid) - Preventing violent conflict: methods and actors in the field of preventive diplomacy (A. J. Jongman).
303. PROSPECTS FOR CREATING A CRIMINAL LAW OF THE EUROPEAN UNION
Le prospettive di formazione di un diritto penale dell’Unione europea
Proceedings of the Sixth Greek-Latin Study-days of Social Defence held at
Salonika, Greece, 6th- 8th October 1995
Ed. Nuove Ricerche - Ancona - 1997 - 78 pages
In recent years the subject of the relations between Community Law and Criminal Law has ceased to be of almost exclusive scientific and doctrinal interest and has received growing attention from Community institutions, to the point of even becoming one of the focal points of the Community’s existence. One of the reasons for this is the deep concern created by the emergence of a new form of crime sui generis, which could be termed “Community crime”, transnational in nature and a result of the freeing of restrictions on the movement of individuals, of the elimination of frontier customs controls and of other measures adopted in the course of the development of the Community. Moreover, the nature of the Criminal Law of individual States has hitherto prevented the European legislator from prescribing penal sanctions against conduct harmful to the economic interests of the Community, because, as is well known, the Treaties of the Union do not invest the Community institutions with the power of imposing criminal sanctions. Recognising the pressure both from decided cases and from scholars, the question of creating a Criminal Law of the European Union has become an urgent issue. The Sixth Study-days have provided an opportunity to discuss a number of fundamental aspects: analysis of the relations between Community Law and the national laws of the EU Member States; the most appropriate means of establishing a European Union Criminal Law; the main routes to follow to achieve this; the current situations, plans and prospects for creating such an entity in the sector of Criminal Law and the Law of Criminal Procedure.
Introduction (C. Vouyoucas) - The closing Resolutions of the Sixth Greek-Latin Study-days of Social Defence (G. Grasso) - General Reports (G. Grasso, P. Caeiro, X. Samuel, A. N. Martín, V. Zissiadis).
304. THE INFORMATION SOCIETY, PROTECTION OF PRIVACY
Società dell’informazione, tutela della riservatezza
Proceedings of the 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 at Stresa, Italy,16th-17th May 1997
No.3 of the “Giordano Dell’Amore” Observatory Collection
Ed. Giuffrè - Milan - 1998 - XVI 164 pages
The protection of privacy represents today one of the themes best contributing to defining the relations among individuals, between individuals and society and between society and the political system. In a society characterised by the spread and development of information, the protection of privacy has come to be a fundamental issue and has received different responses within the various juridical systems. The Italian legislator has chosen to provide a framework of regulations for the protection of privacy, covering the collection, registration, preservation, communication and dissemination of any information relating to physical and juridical persons. Such legislation has helped to fill the lacunae existing between the European signatories of the Schengen Accord. The aim of the Law is to achieve the utmost protection of privacy through a series of provisions to safeguard transparency in the treatment of data, including documentary files and their circulation. To ensure the efficacy of this protection, the Law has provided three forms of control: a personal and direct control in the hands of the interested party (right of access), a social control in the hands of an independent authority (the Guarantor for the protection of data) and, of course, a control through the courts. The interest of the Reports presented and discussed at the Congress lies in its critical, comparative and forward-looking analysis of the subject of privacy, going, in fact, beyond the interests covered by the prevailing legislation. At the end of the volume are interesting references to the European panorama and the current situation in USA, where attention to problems in this field has resulted in a three-fold area of protection: in the market, in the domain of government and in the courts.
Welcome addresses (G. Mazzocchi, F. Bonavoglia, F. Abbate) - Congress Proceedings: 1. Privacy today (M.Torsello, G. Martinotti, G. Calabresi) - Debate: (S. Rodotà, O. Fumagalli Carulli, F. Abruzzo, E. Gragnoli) - 2. Five emblematic cases: Internet and private life. New matters at stake. New solutions (Y. Poullet) - Genetic information (S. Rodotà) - Protection of medical data (R. Gellman) - Video-surveillance and protection of individual liberties (A. Vitalis) - Privacy enhancing technologies and the future role of data protection agencies (H. Burkert) - Debate: (V. L. Pascali, E. D’Aloia, G. La Rocca, U. De Siervo, P. Casella) - Round table (S. Rodotà, G. Alpa, A. Zuliani, O. Fanelli, A. Abruzzese, G. Billia, E. Resta, G. Calabresi) - Conclusions: Which rules for the new privacy (S. Rodotà).
305. FISCAL FEDERALISM. THE ECONOMIC CONSTITUTION
Il Federalismo fiscale. La costituzione economica
Proceedings of the Workshops of the “Giordano Dell’Amore” Observatory held in Milan, Italy, 27th November 1995, 29th March 1996
1st Booklet of the “Giordano Dell’Amore” Observatory
Ed. Giuffrè - Milan - 1998 - VI 84 pages
The entry of Italy into the European Community and the resulting necessity to comply with the parameters laid down by the Maastricht Treaty have convinced jurists and economists that a review of the Italian economic Constitution - seen as the complex of principles, whether formalised or not, which govern the processes of production and distribution of the wealth of the State - is more than ever essential. The contributions by those attending the Workshop on “The Economic Constitution” focused in particular on the need to rationalise the intervention of the State into the Italian economy, especially where this has proved ineffective as a safeguard for the basic requirements of material equality and solidarity. A reading of the contributions by scholars clearly demonstrates the existence of interesting elements of affinity with the ideas put forward by the participants in the Workshop on “Fiscal Federalism” through the debate on the adoption in Italy of a model for the management of public interventions, which would be capable in theory of ensuring the efficient and optimum use of available resources, though mechanisms and structures capable, on the one hand, of interpreting the expectations and solicitations emanating from individual local situations and, on the other, of ensuring the effective political imposition of a responsible operation of centres of public expense.
Fiscal Federalism (A. Baldassarre, C. A. Ciampi, U. Mattei, A. Quadrio Curzio, F. Gallo, M. Meloni, L. Campiglio, P. Sylos Labini, F. Pulitini, P. De Ioanna, A. Di Pietro, M. Miscali, G. Barbagallo, M. Talamona).
The economic Constitution (A. Baldassarre, U. Mattei, G. Bognetti, P. J. Hammond, A. Quadrio Curzio, M. Luciani, B. Caravita di Toritto, M. Miscali, P. De Ioanna, P. Sylos Labini, P. Barile, A. Monorchio, G. Barbagallo, M. Meloni, M. Vari).
306. MIGRATION AND CRIME
Proceedings of the International Conference organised by CNPDS/ISPAC in collaboration with: United Nations Office at Vienna - UNOV, Crime Prevention and Criminal Justice Division (CPCJD)-UNDCP, United Nations Interregional Crime and Justice Research Institute-UNICRI and International Institute of Higher Studies in Criminal Sciences-ISISC, Courmayeur Foundation, under the auspices of the Ministry of the Interior and Ministry of Justice of Italy, Courmayeur, Italy, 5th-8th October 1996
Published in English
Ed. ISPAC - Milan - 1998 - VIII 431 pages.
The Conference underlined that the identification of a relation between crime and migration is a difficult and complex problem, but that the idea of an inevitable nexus between the one and the other should be rejected. The participants did not wish to confine themselves to analysing the problem of migration from the point of view of the host country, the object of migratory movements, but sought to study what are the causes of the migratory phenomenon in the countries of origin. Consequently it emerged that migration is due more to factors of escape from the country of origin (misgovernment, bad economic management, serious violations of human rights) than to factors of attraction (although these too may be present) in the destination country. Migrants are exposed to a double danger: they are subject to crimes resulting from racial and extremist groups, who consider them undesirable competitors in the market for property and employment; at the same time, illicit migrants often suffer intra-ethnic violence in their own community. Thus the warning coming from the Conference seems to be timely, in inviting migrants to be considered not only as the authors but also the victims of crimes. In the face of this situation, special efforts should be made to ensure that in schools, in society at large and in professional training there is accurate information on the problem of migration, so as to prevent the subjection of migrants to a condition of marginalization. The Conference then looked at a particularly disturbing phenomenon, represented by the existence of first generation criminals coming from Eastern Europe and the Southern Hemisphere, who exploit experiences in the secret services, military services and police activity, to encourage their own confirmation as transnational criminals. To combat this phenomenon, the Conference called for a severe repressive policy, recommending a strengthening of the forces of law and order and a more structured pattern of transnational co-operation.
Introduction (A. Beria di Argentine, G. Sinisi, P. Toja, E. Vetere, G. M. Flick) - The problem (surveyed): - Manifestations and determinants of international migration pressure (A. P. Schmid) - Dynamics of migration and crime in Europe: new patterns of an old nexus (E. U. Savona, A. di Nicola, G. da Col) - Migration and crime: problems and responses in the West African Sub-Region (A. A. Adeyemi) - Political, economic and ecological problems in sending countries causing uncontrolled migration: state crime and migration (H. Adelman) - Like birds: forced migration today and tomorrow (L. Aniyar de Castro) - Some causes of uncontrolled migration (R. Müllerson) - Arranging migration and exploiting migrants: a growth business for organised crime: - Smuggling of Chinese aliens and organised crime (Ko-lin Chin) - My experience as minister for Social Affairs in relation to the problem of immigration (F. Contri Bruzzone) - Migration and organised crime: the Russian connection (J. O. Finckenauer) - Refugees as victims of organised crime (A. Fortin-Cabezas) - Illegal migration from North Africa: the role of traffickers (D. A. Kornbluth) - Migration and organised crime in Central and North America (L. R. Manzanera) - Host country crime and criminal justice problems caused by migrants, the European experience: - Foreign labourers in Israel: a case of “moral panic” (M. Amir) - Some remarks on violence and immigration in France and Germany (H. Bozarslan) - Deviant conduct and crime attributed to immigrants in the new social order of the destination country (S. Palidda) - Host country crime and criminal Justice problems caused by migrants: the European experience from a European drugs point of view (E. Marotta) - Migrants, minorities and crime: parallels between Europe and the United States (I. H. Marshall) - Criminal aliens: crime control, immigration control, or political control (W. F. McDonald) - Some quantitative considerations on migration, crime and Justice in Italy (L. M. Solivetti, P. D’Onofrio) - The migrations of the Sicilian Mafia. Relations with other international criminal organizations (P. Grasso) - Crimes affecting migrants in countries of destination: Religion as aetiology and solution of the crime/migration problem (Spirituality as a regenerator of solidarity) (A. Beristain) - Xenophobic violence against migrants: perpetrators, motives and community responses (T. Biørgo) - Immigrants’ crime in receiving countries: from prejudice to knowledge of the phenomenon and action (Don V. Colmegna) - Crimes affecting migrants in countries of destination (G. De Andrea) - Social control and population movements (M. De La Luz Lima Malvido) - Migration and crime: a Canadian perspective (D. Plecas, J. L. Evans, Y. Dandurand) - Responding to the problems: - Migration and crime: a cultural approach to the problem (M. P. de Liège) - Multilateral efforts to combat trafficking in migrants: an international agency perspective (R. G. Paiva) - Skating on thin ice: realities and perceptions (S. Watt) - Conclusions and recommendations: - Summary Report (G. O. W. Mueller) - Final Address (E. Vetere).
307. SIGNIFICANCE, NATURE AND FUNCTIONS OF INDEPENDENT AUTHORITIES
Significato, natura e funzioni delle autorità indipendenti
Proceedings of the Workshop 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,11th November 1997
2nd Booklet of the “Giordano Dell’Amore” Observatory
Ed. Giuffrè - Milan - 1998 - VI 88 pages
This publication provides the proceedings of the Workshop, which was organised by the “Giordano Dell’Amore” Observatory. The scholars and practitioners who participated (including those from the public sector) were asked to look at the most discussed aspects in the current debate on independent Authorities. First the historical matrices showing their rise and proliferation were identified and then a number of problematic situations, including the difficulty of establishing a precise definition of Independent Authorities, uncertainties in identifying their dogmatic place in the current Constitutional framework, the problem of the jurisdictional audit of their activities and, finally, the delicate question of appointing the Chairman and Members of the Authorities. Questionable is also the nature of the Authorities - administrative in some cases, neutral in others and para-jurisdictional in some others. To understand why they were established and proliferated in various forms, the Workshop sought to offer a detailed comparative reconstruction of the historical and institutional matrices of the phenomenon. Also, in the light of the comparative perspective, an examination was made of the specific nature of the Italian model, with particular regard to the reform project drawn up by both Chambers of Parliament, which at Art.109 provides for the establishment by law of appropriate Authorities for exercising functions of custodians and supervisors on the field of rights and liberties, guaranteed by the Constitution. The norm has been judged insufficient to offer a satisfactory solution to the problem of finding the dogmatic place for these institutions, leaving unsolved the issue of their juridical nature and omitting to prescribe the necessary existence of the requirements of autonomy and independence.
The participants were: A. Baldassarre, G. Barbagallo, L. B. Caracciolo, L. Campiglio, B. Caravita di Toritto, L. Cardia, F. De Filippis, A. De Roberto, L. Desiderio, M. Meloni, G. Militello, A. Monorchio, G. Morbidelli, A. Penati, A. Pera, P. Ranci, G. Rey, V. Salafia, L. Todaro Marescotti.
308. VIOLENT CRIME AND CONFLICTS
Proceedings of the International Conference on “Violent Crime and Conflicts. Towards Early Warning and Prevention Mechanisms”, organised by the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme-ISPAC and by CNPDS in collaboration with United Nations Office at Vienna, Crime Prevention and Criminal Justice Division, Forum on Early Warning and Early Response-FEWER and the Courmayeur Foundation, under the auspices of the Ministry of Justice, Courmayeur, Italy, 4th- 6th October 1997
Edition in English
Ed. ISPAC - Milan - 1998 - 290 pages.
This volume presents the proceedings of the International Conference on “Violent Crime and Conflicts. Towards Early Warning and Prevention Mechanisms”, the aim of which was to focus a close analysis on the concepts of “crime” and “conflict”, bringing together the knowledge elaborated by scholars and expert practitioners in Criminal Law and that of experts in the political sciences and social conflicts. The important issues arising from this comparison have shown the significant interaction and exchange of ideas, methods and results between criminologists and judicial practitioners on the one hand, and political analysts and social science scholars on the other. At the origin of violent crime there are nearly always situations of tensions, nourished, according to the country in question, by historical moments and complex circumstances, with racial, economic or political motivations. Although the Reports showed a growth of violent crime and conflicts, a deeper analysis of individual conflict situations has shown that the activity to combat violence is not, however, a hopeless one; on the contrary, it was seen that a common, integrated and concerted effort between the various parties concerned in public safety and social policy could reverse the trend and produce a marked diminution of violent crime, as occurred in the major American cities and in the recent Italian experiment conducted in Albania under Operation “Alba”. The recognition that violent crime and social conflict are connected phenomena encourages us to make every effort to place, alongside the admittedly necessary repressive aspect, a programme of prevention of situations of social tension and potential conflict, so as to restrict the emergence of the causes of crime and conflicts.
Preface (A. P. Schmid) - Opening Session: - Opening remarks (P. Arlacchi) - Welcome address (G. M. Flick) - 1. Causes, trends and manifestations: - Common causes of violent crime and conflicts (A. P. Schmid) - Political conflicts and personal decisions (G. Picco) - Antecedents of collective political violence: quantitative and qualitative approaches (H. Miall) - Prevalence and trends in violent intra-State conflicts (K. Schlichte) - TV violence and what to do about it? (G. Gerbner) - Media and genocide: are public media useful for early warning or creating political will for early response? (M. Leitenberg) - 2. Prediction and prevention: - National and comparative perspectives on juvenile violence (J. Travis) - Social integration and the prevention of crime (in French) (M. Marcus) - Demonstrating the tools of crime prevention (L. A. Gauthier) - Foreigners in our midst: promoting good practice in the context of conflicts and contradictions in multicultural/multiracial societies (S. Watt) - Strengthening civil society and social cohesion in countries in transition: some lessons learned (V. Mehta) - Post-armistice violence: the upsurge of crime after armed conflicts, African examples (A. A. Adeyemi) - Violent crime and conflict in India: prevention and control strategies (H. Gupta) - Italy and the Albanian crisis: the role of mediation and conflict resolution (A. Silj) - Human Rights education in conflict zones as a preventive mechanism (A. R. Korula) - The responsibility of business corporations in crime and conflict prevention (I. von Rückteschell) - The Role of FEWER in conflict and crime prevention (D. Nyheim) - Strengthening national and international Justice systems: criminal Justice Reform and International Tribunals (M. Gibney) - FUGI global model as early global warning system (GEWS) (A. Onishi) - The role of the United Nations and Regional security organizations in early warning, preventive diplomacy and humanitarian interventions (T. Shiawl) - 3. Lessons of the past and challenges for the future: - Bridging the gap: towards integrated action for crime and conflict prevention (A. P. Schmid, I. Melup).
309. CRIMES OF ASSOCIATION
I reati associativi
Proceedings of the Study Conference held at Courmayeur, Italy, 10th-12th October 1997
Promoted by CNPDS in collaboration with the Ministry of Justice of Italy and the Courmayeur Foundation
No.21 “Enrico de Nicola” Collection of Study Conferences - Current Problems in Criminal Law and the Law of Criminal Procedure
Ed. Giuffrè - Milan - 1998 - XIV 304 pages
This volume contains the proceedings of the XXIst Enrico de Nicola Conference devoted to crimes of association. The questions addressed were many and complex: along with an analysis de iure condito of the controversial forms of participation in an association, external complicity in a crime and participation of an association member in the subject crime, close attention was given to comparative cases drawn from the juridical experience of Common Law countries and of continental Europe, especially with regard to the aspects concerning the policy for sanctions and rewards. A special focus was given to the Law of Criminal Procedure, for the particular nexus between the offence of belonging to a proscribed association and the current procedural system, particularly in respect to questions of evidence. Although mainly concerned with crimes of association, the Conference devoted much of its attention to problems of Mafia-type association, for which there seems to be need for a revised legislative approach, which might be achieved by a more rigorous interpretation and application of the text of Art.416, para.2, of the Penal Code. Many proposals were put forward on this theme, all of which aimed at increasing the efficacy of the legal system in the face of organised crime, while at the same time - aligning with developments elsewhere in Europe - placing greater emphasis on laws for rewarding informants and protecting witnesses.
Opening session (G. Covi, F. Corleone) - Congress proceedings: - From the crime of association to associative crimes (G. Conso) - Crimes of association in today’s penal system (G. De Vero) - “Classified” association to commit crimes (G. Fiandaca) - Participation in an association and external complicity (G. Lattanzi) - Participation of the member of the association in the subject crimes (T. Padovani) - Crimes of association in continental Europe’s juridical experience (S. Vinciguerra) - The Common Law and the concept of the reato associativo (A. McCall Smith) - International co-operation and organised crime (P. Bernasconi) - Severity and rewards in the response to organised crime (D. Pulitanò) - Crimes of association and criminal procedure (P. L. Vigna) - Crimes of association and criminal procedure (D. Siracusano) - The problem of evidence in relation to crimes of association (A. Nappi) - Contributions and proposals: - The need for a semantic characterization of external complicity (V. B. Muscatiello) - Judicial police, acquisition of information from the accused in connected proceedings and rules for its admissibility (A. Scaglione) - “Ecomafia” and external complicity (S. Panagia) - Cognitive models of crimes of association (C. Paterniti) - On the limits of complicity in crimes of association (U. Giuliani Balestrino) - Crimes of association: prospects for reform (G. Spagnolo) - Formulation of the offence of criminal association: some very preliminary observations (R. Palmieri) - The opinion of lawyers (F. Corbi) - Conclusions (G. Marinucci, G. Conso).
310. THE MEDIUM-SIZED UNDERTAKINGS IN A STABILIZED ECONOMY
Il sistema delle medie imprese in una economia stabilizzata
Proceedings of the “Giordano Dell’Amore” Observatory’s Workshop, held in Milan, Italy, 20th March 1998
3rd Booklet of the “Giordano Dell’Amore” Observatory
Ed. Giuffrè - Milan - 1998 - VI 74 pages
Implementation of the European single monetary system will prompt significant changes in the macro economies and institutional structures of the participating States, including Italy. This Seminar sought to make a contribution to the current debate, addressing the subject from a typically Italian economic perspective, characterised by a model, which has been defined as the system of medium-sized undertakings. Italy’s participation in the Euro system has given rise, as is well known, not only to links of monetary and fiscal policy but also, and in particular, it has given the opportunity to make monetary markets totally accessible: a prospect which requires a homogenisation of business practice, of the rules governing training and of consumer relations. In this situation, Italy occupies a particular position, since, in general, there are few enormous companies and hardly any in the high technology sector. There are, however, very many small firms, variously organised, and a large number of medium-sized businesses, a factor characterising the overall business structure in Italy. Entry into the EU system requires us to review a number of critical issues in this domestic picture, such as technical and cultural training, which currently is not satisfactorily achieved by the Universities, the subject of industrial relations, of flexible and mobile working arrangements and, finally, of the banking and financial system. With regard to the strategic aims to be followed and to be given priority, the Seminar underlined the need for simplification and deregulation, especially in the services sector.
Contributions by: F. Silva, M. De Cecco, G. M. Gros-Pietro, C. M. Guerci, M. Calzolari, P. Novello, F. Onida, N. Sella di Monteluce, G. Zucchi, P. Casella, M. Stella, S. Verona, R. Pancrazio, L. Spagnuolo Vigorita, A. Boccia, L. Campiglio.
311. THE ELUSIVE ELITE
edited by Guido Martinotti
Notebook containing the Reports and Contributions at the International Seminar on “Elites and Values”, held at Courmayeur,Italy, 6th-7th June 1997
Organised by CNPDS in collaboration with the Courmayeur Foundation
Ed. Musumeci ( Quart, Aosta) - 1998 - 157 pages
This volume contains the results of the International Seminar on the subject “Elites and values”, during which a number of theoretical problems were addressed, such as the definition of the concept of “élite”, the analysis of selection mechanisms and the processes of mutability and social relations of Italian elites, in order to understand the continuous transformation being undergone in national populations. One important aspect emerges from the contributions: in today’s society one cannot speak of an elite, or of a ruling class, as a coherent unitary group. Indeed, if one considers society in terms of groups of interests (or class structures) one comes to look upon each of these as an expression of its own elite. In other words, the elites are the groups which represent the basic interests present in different societies and which negotiate, coincide and conflict in the name of those interests. In cases such as that of Italy, the ideologies and ideals of social justice are not sufficiently developed for one to be able to say that the elites offer a significant representation of the respective classes to which they belong. The Italian situation is characterised by the need for a balanced elite with a strong claim to be heard. With regard to the nature of the relationship between administrative elites and political elites, it was demonstrated that the contradiction which characterised the beginning of the Twentieth Century still persists, a contradiction which may be described as follows: administrative elites continue to have function classification and a “self-image” which are strongly dependant on those of the political elites.
Introduction (G. Martinotti) - New problems: - The elite and the State (M. Crozier) - Elitism, populism and politics (G. Bosetti) - NPC. The New Political Culture (T. N. Clark) - National political elites in the process of internationalization (M. Cotta) - The production of elites: - The production of elites (F. Rositi) - New scientific elites in the second academic revolution (R. Viale) - The training of the new level of scientists (A. Cavalli) - The values of administrative elites (F. Rugge) - For an adequate valuation of European elites (G. P. Orsello) - The performance of elites (P. Giovannini) - The production of mass elites (P. Sorbi) - Elites in Italy: - The upper classes in Italian society (A. Schizzerotto) - Internationalization of elites and “populism” at the end of the Twentieth Century (L. Cavalli) - The recruitment of the Italian elites (M. Maraffi) - Elites in Italy (F. Ferraresi).
312. PREVENTION AND SECURITY. THE ROLE OF THE REGIONS
Prevenzione e sicurezza. Il ruolo delle Regioni
Seminar organised in collaboration with the Conference of Presidents of the Regions and autonomous Provinces, the Marches Region and the Inter-regional Centre for Studies and Documentation/CINSEDO, held at Ancona, Italy, 13th January 1998
Ed. Tecnoprint - Ancona - 1998 - 123 pages
The Seminar was an opportunity to present the research undertaken by CNPDS in 1997, to identify the prevailing perception of the phenomenon of social security among the principal institutions concerned with prevention and social control. The origin of the insufficient degree of social security was identified as part of a more general phenomenon of dissatisfaction, an expression of the difficulty of integrating individuals and groups, and of the experiences of exclusions and marginalization, to which social contradictions give rise. Examining the problems and the needs emerging from the research undertaken by CNPDS, a number of specific subjects were highlighted, such as the significance and social construction of concepts of urban security and prevention, the principal national and international experiences on problems of urban security and, finally, the model of intervention proposed by the institutions.
Introductory session (V. D’Ambrosio, R. Galeazzi, L. Pomodoro, S. Amati) - Police and prisons against welfare. The European and American model in the prevention of crime. Two experiences for a consideration on security in Italy (E. U. Savona) - Safety in the cities? Security of citizens? Doubts and perplexities of a criminologist (G.V. Pisapia) - Government of the cities and the public asset of security (M. Pavarini) - But the foremost security lies within ourselves (F. Scaparro) - Contributions (L. Turco, G. Sinisi, L. Notari, G. Golfarelli) - The “Safe Cities” project of the Emilia Romagna Region (G. Braccesi) - From knowledge to security: the permanent Observatory on security in the Trent Region (I. Merzagora, G. Travaini) - How to link the community and security. Two contrasting concepts (V. Colmegna) - Contributions (I. Falcomatà, G. di Gennaro) - Social integration and the prevention of crime (M. Marcus) - Conclusions (V. D’Ambrosio).
313. FATHERS AND SONS: THE NEW FORMS OF UNEMPLOYMENT
Padri e figli: le nuove forme della disoccupazione
Proceedings of the 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 at Stresa, Italy, 8th-9th May 1998
No. 4 of the “Giordano Dell’Amore” Observatory Collection
Ed. Giuffrè - Milan - 1999 - XVI 254 pages
The aim of the Congress was to analyse the characteristics of the new unemployment of “fathers and sons”, comparing the Italian experience with that of other European countries and of the United States. The situation which has widely been recognised as deriving from the current situation is appositely summarised in the trend whereby the constantly diminishing human resource represented by young workers is engaged in ever more onerous work, while resulting in progressively less remuneration. The Italian situation is then aggravated by the stance taken by the Public Administration, conservative and strongly hostile to the process of simplification and decentralization initiated by the most recent legislation in this field. As for the situation across Europe, there is no lack of intervention by those who campaign for interesting new legislative approaches within the unified EU. In particular, it is noted how the individual States still maintain their own autonomy in matters of employment policy, with the result that a brake is placed on implementing a “European social model”. However, great interest has been shown in the Reports presented by scholars from USA, who have described the major differences between the American system and the European, and especially Italian, system. The possibility, in USA, of a person becoming unemployed is much higher than in Europe; however, the same person will remain unemployed for a much shorter period than in Europe, thanks to the great mobility of workers, and evidently this leads to a diminution rather than an aggravation of social inequalities.
Introductory session (T. Treu, C.A. Ciampi) - 1. The new unemployment: - Employment, unemployment and demographic decline (M. Livi Bacci) - Is there a labour market for the over-forties? (A. Zuliani) - The persistence of unemployment and low wages (C. Dell’Aringa) - Rising wage disparity and US poverty: recent developments and policy responses (G. Burtless) - Debate (G.G. D’Aragona, F. Giongo) - 2. Youth unemployment, unemployment and casual labour (L. Meldolesi) - Unemployment and social status (N. Rossi) - The criminal economy and unemployment (D. Masciandaro) - Families under economic stress: the impact of social policies (C. Saraceno) - Debate (A. Predetti, G. Calabresi, A. Vallebona, L. Tronti, B. Perrone) - 3. New policies for unemployment: - Contribution (T. Treu) - Europe and USA: a comparison of experiences and policies (J.H. Pencavel) - Designing capitalism for fast growth and high employment (E. S. Phelps) - Education and youth unemployment (R. Massa) - New businesses and employment (P. Sylos Labini) - Debate (M.L. De Cristofaro, F. Giongo, M. De Luca-Picione) - Communication: - The occupational yields of training: relative advantages and social inequalities (A. Cortese).
314. THE GUARANTEES OF JURISDICTION AND LEGAL PROCESS IN THE PROJECT OF THE BICAMERAL COMMISSION
Le garanzie della giurisdizione e del processo nel progetto della Commissione Bicamerale
Proceedings of the Study Conference held at Courmayeur, Italy, 19th-21st June 1998
Organised by CNPDS and the Courmayeur Foundation
No.15 Collection of Study Conferences “Current Problems of Law and Civil Procedure”
Ed. Giuffrè - Milan - 1999 - XIV 190 pages
This volume contains the proceedings of the XVth Study Conference on Current Problems of Law and Civil Procedure. The part of the project relating to justice is certainly one of the most interesting among those elaborated by the Bicameral Commission, as may be seen from the attention with which public opinion has followed some of the subjects addressed. The Conference examined all the important innovations contained in the project, in order to help their better understanding and to evaluate the Constitutional reforms proposed in the justice sector. Among the most discussed topics should be mentioned: the provision of “fair process” through observing the cardinal principles of verbal proceedings and “reasonable time-spans for cases”; the new configuration of the judicial system and appointment to the judiciary available for lawyers and university professors; the new criteria of dividing jurisdiction between the administrative and the ordinary courts. With regard to criminal proceedings, strong attention has been given, mainly in a critical sense, to the reform of the status of the public prosecutor and to the division into two sessions of the Higher Council of the Judicature, as well as the means of conducting criminal proceedings and the role of the Public Prosecutor in terms of penal policy. There was greater agreement on the suppression of military courts in peacetime and the innovations brought in on the subject of the assimilation into the system of international Conventions guaranteeing jurisdiction and due process.
Inaugural session (G. Tarzia, E. Mochet, L. Passerin d’Entrèves, L. Bertolè Viale) - Introduction (V. Salafia) - The ordinary judge, a historical and comparative premise (N. Picardi) - Ordinary judges and honorary judges (F. A. Genovese) - The administrative judge and new criteria for splitting judisdiction (V. Caianiello) - The public prosecutor and the penal process (V. Grevi) - General guarantees of due process in the project for Constitutional reform (G. Tarzia) - The guarantee for reasoned judgments and for appeal to the Court of Cassation (L. P. Comoglio) - The guarantees of jurisdiction and the penal process (M. Chiavario) - Jurisdictional safeguards in relation to the public administration (R. Villata) - Debate (V. Dotti, V. Caianiello, C. E. Gallo, M. Valiante, F. Pintus, S. Pieri) - Conclusions (V. Salafia) - Revision of the second part of the Constitution. Norms on jurisdiction (F. Tommaseo) - Brief notes in favour of the introduction of special judges in the administration of civil Justice (S. Chiarloni).
315. THE SCHOOL SYSTEM: CULTURAL PLURALISM AND PROCESSES OF ECONOMIC AND TECHNOLOGICAL GLOBALIZATION
Il sistema scolastico: pluralismo culturale e processi di globalizzazione economica e tecnologica
Proceedings of the International Seminar organised by CNPDS in collaboration with the Italian National Commission for Unesco, the Italian Ministries of Public Education and Solidarity, the Council Office of Public Education of the Val d’Aosta Region and the Courmayeur Foundation, under Unesco auspices, held at Courmayeur, Italy, 28th-30th November 1997
Ed. Musumeci (Quart, Aosta) - 1999 - 92 pages
This volume contains the results of the International Seminar on the school system, between cultural pluralism and processes of globalization. Theoretical aspects are addressed and political and didactic problems of training and education for multi-culturalism, by bringing into play a twofold interdisciplinary synergy: among exponents of social and educative sciences and among these and educational practitioners. The aim is to identify possible proposals and lines of action for the development of an education which will take account of the human factors in the concrete European scene of today, including an approach to the experiences of Italy in this field, as well as in Europe and North Africa. An important theoretical indication which emerges from the contributions, is that the processes of globalisation present an irremediable contradiction: at first sight they seem to lead towards a cultural homologation, towards a levelling of the different situations, whilst, on the contrary, there is often an underlying explosion of ethnic demands and local pressures. Such a complex process comes into close contact with the school systems, which are moving towards a difficult transformation, itself not free from resistance from monocultural and multicultural systems. The Seminar had focused attention on the methods with which the scholastic and educational institutions address this emerging need for training for educational globalization and the resulting necessary co-operation between the various (Mediterranean) countries.
Introductory contributions (R. Blua, G. Bolaffi, T. Carettoni, R. Louvin) - Aims and methodology of the work (T. Tentori) - Training for multiculturalism, theoretical aspects, political and didactic problems (L. M. Lombardi Satriani, A. Attanasio, V. Montrasio, P. Antolini, M. Todeschini) - Experiences, proposed lines of work in Europe and in North Africa (I. Vassileva, L. Jakovlevska Josevska, M. M. Benmaiza, J. Leconte) - Experiences, proposals, lines of work in Italy (M. Dodman, G. Vicentini, V. Lattanzi) - Concluding contributions (R. M. Fleuri, L. Passerin d’Entrèves, R. Louvin, L. Pomodoro).
316. INTRODUCTION TO THE DEBATE
Report of CNPDS to the XVIth International Congress on Penal Law on “The criminal justice systems facing the challenge of organized crime”, Budapest, Hungary, 5th-11th September 1999
Edition in English
Milan - 1999 - 52 pages
This volume publishes the contribution to the XVIth International Congress on Penal Law of the Centro in its capacity as co-ordinator of the four major non-governmental organizations in consultative status with the Economic and Social Council of the United Nations, which are active in the field of penal policy, among which the International Association of Penal Law, the organiser of the Congress. These four major Associations convene quinquennial Conferences on subjects within their fields of competence. In the case of the International Congress on Penal Law, they hold four preliminary Colloquia on the principal sub-themes, also on an international basis. Each Colloquium prepares Resolutions to be submitted to the General Congress. The Centro, through the “de Nicola Commission for Criminal Law and Procedure”, has formulated its own observations on the four Resolutions put forward by the preparatory Colloquia. The volume has been distributed to the participants in the XVIth Congress as an introduction to the debate.
Introduction to the Debate - Section I - General Part (G. Marinucci) - Section II - Special Part (G. de Vero, T. Padovani) - Section III - Procedures (D. Siracusano) - Section IV - International Criminal Law (M. Chiavario, R. Kostoris, G. Ubertis).
317. WE WOMEN
A Guide to the services for female migrants drawn up by CNPDS for the Province of Milan
Polycopy edition - Milan - 1999 - 302 pages
This Guide, drawn up in the course of a research study on “The traffic in adult women and minors for the purposes of sexual exploitation”, presents a panoramic exposition of all the services, which under different names may serve as a meeting-point and support facility in the process of integration. The census that was undertaken aimed to identify a public or private response to the problems of immigration, which is not confined to social security assistance, but which may provide concrete indications for an inter-cultural co-existence. Particular attention has been given to the structures intended for foreign women by virtue of the role which the specificity of womanhood assumes in the immigration phenomenon. Migrant women, in fact, are the most responsible persons for the maintenance of ethnic, community and family links, although reinterpreting norms and traditions to make them harmonise with those of the communities where they settle. Thus it seemed fundamental to reconstruct the offer of services to foreign women in Lombardy. The services have been distinguished mainly on the basis of four macro-typologies: reception, primary assistance, health support and consultation. The schema of services is thus made concrete in a cataloguing intended to offer to the interested parties and to the practitioners involved an instrument capable of easy reference.
Introduction - Summary index: - Reception - Lay citizens; Clerics; Public bodies - Primary Assistance: - Lay citizens; Clerics - Health Support: - Lay
citizens; Clerics; Public bodies - Consultancy and orientation: - Lay citizens; Clerics; Public bodies - Other services.
318. NEIGHBOURS OF THE ROAD
Vicini di strada
A Guide to the services for foreign women and minors who are victims of sexual exploitation, drawn up by CNPDS on behalf of the Province of Milan
Polycopy edition - Milan - 1999 - 101 pages
This Guide, drawn up in connection with a research study on “The traffic in women and minors for the purposes of sexual exploitation”, contains the results of a panoramic exposition of the services established in the Lombardy Region for foreign women and minors subjected to sexual exploitation. The need for such a Guide arises from the situation whereby, with a substantial presence of foreign women, the phenomenon of prostitution is undergoing a fundamental change, which highlights the increasingly marginalized condition and exploitation of many of the persons involved. Thus there was clearly a need for setting out a statement of the services which are in contact with this phenomenon, in order to estimate how far they are capable of responding to the complex needs of the women turning to them. Consequently, three fundamental types of available services have been delineated, referring to reception houses, interview centres and roadside unit. For each structure some basic data came to light (e.g. the name of the person-in-charge, the juridical form, the sources of financing and the social workers present) together with other elements more specifically linked to the problem of sexual exploitation. From this survey, the panorama of available services does not seem to be particularly wide, especially in relation to intervention by the public sector; notably lacking are organs to initiate specific programmes, whether from the standpoint of protection or from focusing on the traumas suffered. Nevertheless, interventions in the private sector, whether lay or clerical, remain of fundamental importance for overcoming the innumerable operational difficulties and the lack, sometimes, of coherent support on behalf of the institutions.
Introduction - Reception houses: - Private lay facilities; Church facilities - Interview centres - Private lay facilities; Church facilities; Public facilities - Roadside units: - Private lay facilities; Church facilities; Public facilities - Other experiences.
319. THE EURO AND THE EUROPEAN UNION: AFTER THE FIRST 100 DAYS
Euro e Unione Europa: dopo i 100 giorni
Proceedings of the 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 at Stresa, Italy, 7th - 8th March 1999
No.5 of the “Giordano Dell’Amore” Observatory Collection
Ed. Giuffrè - Milan - 2000 - XIV 148 pages
The contributions published in this volume are set out in three specific areas, the first of which is dedicated to an analysis of the expectations, which were linked to the introduction of the euro. The progression of this monetary unit has appeared as the first step towards the important objectives of an economic, political and social union and, from this point of view, the single currency should be a starting point and not the finishing post, since the currency itself should be considered a propaedeutic route towards more complex processes of integration. A further point of analysis concerns the experience of monetary policy as it developed during the first three months of the euro-system, the differing rates of progress between technological integration and normative integration and the study of the strategies of the Central European Bank (CEB). The third and last part of the volume addresses the relationship between the institutions and economic policy, offering an interesting perspective on the themes of European unemployment and monetary policy. The contributions contained in the present volume represent an important moment for emphasising how the “European project”, may have objectives transcending the “euro project”, perhaps encouraging a genuine European Union, and it is undeniable that in this light the progress made in the course of half a century has been enormous. In order to attain fully the predetermined objective, European States will need to show greater flexibility and will no longer be able to stand aside from a general economic policy, such as is being to be delineated through the three guidelines of currency policy and policies for taxes, accounting and revenues.
Welcome addresses (G. Guzzetti, V. Rognoni) - 1. The expectations: - The new European currency: soundness and perspicacity of politics (M. Vaciago) - Round Table (F. Hahn, R. Morese, R. Mannheimer) - Debate (N. Lipari, U. Marani, G. Calabresi, B. Moro) - 2. The Euro-system: - The first 100 days of EMU monetary policy (J. von Hagen) - Round Table (A. Albertini, G. Basevi, F. Bruni, V. Conti, A. Penati, S. Preda, G. Verga) - 3.The institutions and the economic policy: - European unemployment and monetary policy: a “Pacific” view (T. Gyohten) - Round Table (C. Dell’Aringa, F. Gallo, U. Marani, G. Farina, G. Venturini) - Debate (S. Fei, R. Garosci, M. Meloni, M. Leveque, B. Moro, F. Tempesta, T. Gyohten) - Closure (C. A. Ciampi).
320. NEW INFORMATION TECHNOLOGIES
Le nuove tecnologie dell’informazione
Proceedings of the XVIth Italo-French Juridical Days, held at Courmayeur, Italy, 10th-13th June 1999
Organised by CNPDS and the Courmayeur Foundation in collaboration with the Société de législation comparée
Ed. Musumeci (Quart, Aosta) - 2000 - 109 pages
The delegations from France and Italy met together to discuss juridical problems arising from the convergence and liberalization of three techniques of telecommunication (audio-visual, computerised and digitised), which provide new instruments for global information and electronic communication. It was stressed that unidirectional information from the mass media system tends today to give way to a communication, which assembles information bi-directionally as between the sender and the receiver. This result leads to the creation of a new relationship between man and space and man and his environment, and towards a process accelerated by the fact that tele-work, tele-teaching, tele-commerce, tele-commerce, tele-medicine, are in the process of transforming social relationships and the relationship between citizens and institutions. The processes of technological innovation also have their consequences from the economic point of view, with the generation of entrepreneurs and companies who invest jointly and operate strategically in the three sectors of telecommunication, audio-visual and computers, and with the promotion of new concentrated processes at the national, and, above all, supra-national level. Further modifications exist at the social and political levels, creating the need for intervention by the legislator in two specific directions: on the one hand, to intensify international control based on co-operation among States, and, on the other, to impose a strict system of self-regulation for all the parties involved. Reference was also made to the principal guidelines of Community legislation, deemed to be the reference framework at the root of homogeneous national legislative provisions.
Opening session (A. di Addario, G. Brignone, R. Louvin, R. Drago) - 1. The convergence of the law (E. Cheli): - The law of audio-visual activities (I. Falque-Pierrotin, P. Caretti) - The law of telecommunications (P. A. Jeannenay, M. Mensi) - Debate (R. Drago, N. Lipari, F. Cocco, G. Buttarelli, F. Donati, R. Mastroianni) - 2. Harmonization of the European rules (P. Manacorda, X. Linant de Bellefonds, L. Radicati di Brozolo) - 3. - Safeguards for users. Privacy, copyright, intellectual property, consumer protection (M. A. Gallot le Lorier, M. Vivant, G. Ghidini) - Debate (R. Drago, M. Vivant, R. Mastroianni, L. Radicati di Brozolo, N. Lipari, S. Traversa, M. Mensi, P. A. Jeanneney, S. Bariatti, G. Ghidini, F. Cocco, P. Manacorda, L. Pomodoro, M. A. Gallot le Lorier).
321. EUROPE, MIGRATION AND LABOUR
Europa, migrazione e lavoro
Proceedings of the International Conference of the “Giordano Dell’Amore” Observatory on the Relations between Law and the Economics of the Centro nazionale di prevenzione e difesa sociale, held at Stresa, Italy, 22nd-23rd October 1999
No. 6 of the “Giordano Dell’Amore” Observatory Collection
Ed. Giuffrè - Milan - 2000 - XIII 196 pages
The Congress underlined the need to tackle the phenomenon of immigration in a European perspective, identifying a Community policy for a problem which is continuously assuming new dimensions and connotations. Two fundamental aspects emerged. On the one hand, the lack of internal mobility in the Community territory, and the resulting limited attention given to the problem, were underlined. It was noted how, on the contrary, the vast phenomenon of immigration from countries not members of the European Community involves a plurality of problems and so requires a multi-disciplinary approach. One primary element, which has emerged, concerns the demographic aspect of the problem, by virtue of which immigration can only be a positive factor. Given, in fact, the low birth rate and increasing average age of the population occurring within the European Union, first- and second-generation immigrants can to some extent balance the reduced labour-force that is predicted for the near future. More problematic is the socio-cultural aspect of the social changes provoked by migratory fluxes in the host States and the difficult process of integration as between immigrants and the native population. Indeed, immigration assumes particular connotations, especially with regard to the attitudes of the host communities and their capacity to cope with contact with different ethnic groups, cultures, educational backgrounds and linguistic codes. As regards the ratio between supply and demand of labour, it was emphasised how there is a contrast between the generally favourable attitude towards an economy with free exchange of labour and the mobility of the labour force, which still represents a factor in production. In particular, fluxes of labour from countries outside the European Community are regarded with disfavour, as opposed to mobility in the domestic labour market. In this respect some economists have stressed how an economic reform encouraging free trade, if well formulated, could have positive repercussions on the phenomenon of immigration.
Welcome addresses (V. Rognoni, F. Bonavoglia) - Internal and external migration (F. Rampini, G. Bolaffi, M. Burstein, V. Cesareo, V. Colmegna, G. Tsapanos) - Debate (N. Lipari, F. Rampini, F. Milner, G. Bolaffi, N. Jerad, E. L. Calingasan, G. Calabresi, G. Gavotti) - Labour markets and migration (R. Bagnoli, F. Milner, D. Schmidt, E. Reyneri, S. Sassen) - Debate (S. Calavaglio, D. Spagnuolo, N. Cerrani, L. Zanfrini, B. Perrone, F. Milner, A. Oriani, N. Jerad) - Migration and industrial capital (A. Grandi, M. Cross, P. J. Hammond, B. Nascimbene, D. G. Papademetriou) - Debate (D. Schmidt, F. De Filippis, F. Milner, G. Calabresi) - Conclusions (G. Calabresi).
322. RESPONDING TO THE CHALLENGES OF CORRUPTION
Proceedings of the International Conference held in Milan, Italy, 19th-20th November 1999, organised by CNPDS/ISPAC and UNICRI in collaboration with the Lombardy Region, the City of Milan, the Province of Milan, the United Nations Office for Drug Control and Crime Prevention - ODCCP and the East-West Parliamentary Practice Project - EWPP, under the auspices of the
Ministries of Justice and the Interior of Italy
Edition in English
UNICRI/ISPAC- Rome - 2000 - X 372 pages
The Conference provided an occasion for exchanging up-to-date information and knowledge on the general factors, characteristics and range of problems connected to the phenomenon of corruption, through the experiences of experts from across the world and belonging to different fields of study and research, as well as representatives of Agencies of the United Nations, non-governmental organizations, practitioners in the judicial world and policy-makers. The aim, on the one hand, was to enhance international co-ordination and co-operation in the various anti-corruption sectors, such as assistance to the parliamentary institutions of the various States legislating in this field and the elaboration of projects of research and technical co-operation, and, on the other hand, to identify the effects produced by corruption on good government, with particular attention to the influence of corrupt practices on the economic and institutional stability of developing countries and those in a state of transition. The work of the Conference was organised in five subject-areas, the study of which has permitted a definition of corruption as a complex phenomenon, which requires a multi-disciplinary and co-ordinated approach. Through the various experiences of those presenting papers on the problems at the political, judicial and economic levels, a perspective was reached of the international activities and initiatives in the battle against corruption. In particular, programmes of prevention and consultation have been indicated by the participants in the Conference as the most effective means to reduce corrupt practices to levels which the political systems will be capable of handling. However, the various activities, whether legislative or consultative in developing countries, must avoid being superimposed without sufficient co-ordination to make them compatible and capable of integration through the common objective of limiting to the maximum extent possible the incidence of corruption on good government and on social and economic stability.
Opening ceremony (G. Albertini, G. Ayala, G. Sinisi, P. Arlacchi) -1. Achievements and difficulties encountered. Political Level: - International efforts to combat corruption (M. Pieth) - Korean implementation of the OECD Bribery Convention: implications for global efforts to fight corruption (J. B. Kim) - Achievements and difficulties encountered: the Colombian experience (R. O. Medina) - Corruption in Albania. The struggle against windmills (N. Ceka) - Achievements and difficulties encountered in combating organised crime: the Bulgarian experience (D. Abadjiev) - Corruption in Croatia (B. Kovacevic) - Achievements and difficulties in the fight against corruption (G. Serban) - 2. Achievements and difficulties encountered. Judicial level: - The fight against corruption: difficulties encountered by the judiciary level (B. Bertossa) - Problems encountered by the Italian judiciary in fighting corruption (G. Colombo) - Responding to the challenges of corruption in United States federal courts (S. B. Conlon) - Corruption: achievements and difficult experiences in the Czech Republic (J. Zverina) - The fight against fraud and corruption in the European Union. OLAF and the prospect of a European Public Prosecutor (E. Bruti Liberati) - 3. The business world and corruption: - Globalization, corruption and business (M. Levi) - The business world and corruption (E. Granata) - Corruption in the business world (F. Marcq) - Corruption in the economic world in Japan (H. Katoh) - 4. Corruption: the international experience and activities: - Promoting integrity in the public sector: the contribution of the OECD (B. W. Edes) - Fighting corruption: the growing role of the IMF (V. Tanzi) - The European Union’s initiatives in the fight against corruption (Y. Gallego-Casilda Grau) - Interpol’s contribution to the fight against corruption (R. Kendall) - Spain’s fight against corruption (B. Garzòn Real) - Responding to the challenges of corruption (R. C. Nzerem) - The Council of Europe Criminal Law Convention on Corruption (L. Salazar) - Corruption: the international experience and activities (A. Bradanini) - Address (V. Manno) - 5. Prevention: an effective tool to reduce corruption. “Best Practices”: - Corruption prevention: a Hong Kong perspective (A. Lai Nin) - Transparency International Corruption Index (J. Lambsdorff) - Prevention: an effective tool to reduce corruption (P. Langseth) - Prevention: an effective tool to reduce corruption. “Best Practices” (J. Hunter) - The corruption monitoring system of Coalition 2000 and the results from its implementation (A. Stoyanov).
323. OFFENDERS AND VICTIMS: ACCOUNTABILITY AND FAIRNESS IN THE JUSTICE PROCESS
Report of the Ninth Joint Colloquium of the International Committee for Coordination (ICC), Courmayeur, Italy, 24th-26th September 1999
Organised by CNPDS, under the auspices of the United Nations, in collaboration with the Courmayeur Foundation
Edition in English/French
Milan - 2000 - 112 pages
The Ninth Joint Colloquium promoted the discussion and the most up-to-date interchange of knowledge and studies on the subject of restorative justice. The work focused on the subject “Offenders and Victims: Responsibility and Fairness in the Administration of Justice”, which had been one of the four subjects on the agenda of the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders. It was emphasised how penal justice should be seen as an integrated model, where, alongside sanctionary measures, there should be elements typifying a reparational approach, directed at resolving the conflict arising from the commission of the offence. Restorative justice may thus be seen as a necessary instrument to re-establish harmony in the social context, through the reconciliation of all the parties involved in the event (victim, offender and society) and by means of which it is possible to ensure a balance between the needs of the victim and the rights of the offender. In such a perspective, the responsibility of the community in resolving conflicts and in recourse to alternatives to the current system of penal justice is fundamental. Special attention should be paid to the promulgation of an appropriate system of support and reparation for the victims in all the situations in which the instruments indicated by national legislations are insufficient. At the conclusion of the work, the representatives of the four Associations participating in the Colloquium drew up a conclusive and summary document setting out the positions which emerged in the course of the debate, for submission in the course of the United Nations Congress.
Final Report - Reports of the four Associations: - International Association of Penal Law: The need for international accountability and the protection of victims in the context of International Humanitarian Law (M. C. Bassiouni) - International Society of Social Defence and Humane Criminal Policy: Restorative Justice. Theoretical aspects and applied models (A. Ceretti, G. Mannozzi) - Fondation internationale pénale et pénitentiaire: The social concept and measures depriving personal liberty (in French) (K. Hobe) - Société internationale de criminologie: Restorative justice. Theoretical aspects and methodological considerations (in French) (G. Picca).
324. RESPONDING TO CORRUPTION. SOCIAL DEFENCE, CORRUPTION, THE PROTECTION OF PUBLIC ADMINISTRATION AND THE INDEPENDENCE OF JUSTICE
Proceedings of the XIIIth International Congress on Social Defence, Lecce, Italy, 28th-30thNovember 1996, organised by the International Society of Social Defence and Humane Criminal Policy, by CNPDS and the Lecce “Michele de Pietro” Centre for Juridical Studies, in collaboration with the United Nations Crime and Criminal Justice Division, United Nations Office at Vienna, under the auspices of the Ministry of Justice of Italy
Edizioni “La città del sole” - Naples - 2000 - 502 pages.
The Congress tackled one of the priority items of the United Nations in the field of crime. After a close examination of the phenomena relating to corruption, the contributions focused on possible counter-measures, including those in the fields of Criminal Law, Civil Law, Constitutional Law, Tax Law and Public Law, as well as judicial and administrative measures and public controls. In the ambit of such indications, it was reaffirmed that the independence of the judiciary represents the best protection towards corruption. In analysing the problem of corruption in its present-day manifestations, the problem was addressed of whether it is a phenomenon of times past which has re-emerged in new forms or whether it is an intensification in recent times such as to require exceptional counter-measures. Moreover, it has been observed that, especially in the highest echelons of politics and administration, it represents a threat to the primacy of law and democracy. With regard specifically to the issue of combating corruption, the Congress was unanimous in indicating the need for a global strategy rather than the adoption of special laws, which lead to the violation of human rights as well as possible confusions of powers. In this direction, it seemed essential to diversify intervention policies, making them multi-disciplinary and international; there do exist, in fact, different levels of international co-operation, from simple harmonization up to unification, although so far this has tended to be at a Regional level. The traditional route is to co-ordinate autonomous legislative provisions, but a greater potential lies in the process of assimilation and harmonization of systems of penal justice through common directives, e.g., in defining the term “corruption” and prescribing adequate sanctions.
Opening address (S. Rozès) - Global strategy against corruption (A. Beria di Argentine) - Introductory report (V. Aymone) - 1. Analysis of the phenomenon: - Corruption: an economic perspective (P. Holden, J. Sobotka) - Why and how companies pay bribes (G. Moody-Stuart) - Corruption: approaches towards analysis in the international context (H. F. Woltring, H. Shinkai) - The phenomenon of corruption in Spain (M. Barbero Santos) - Investigations into corruption in Milan (G. Colombo) - Analysis of corruption phenomena in France (X. Samuel) - Recent problems of corruption in Japan (T. Morishita) - 2. Measures of Criminal Law: - Creating specific authorities to promote a global and balanced strategy in the fight against corruption (H. P. Debord) - Remarks on the role of criminal sanctions in a sustainable prevention of crimes in the public administration. The Italian experience of systematic corruption (G. Forti) - Criminal Law measures (L. A. Guimaraes Marrey) - 3. Measures of Constitutional and Civil Law: - Corruption: preventive action and criminal policy (B. Beiderman) - Lights and shadows in the fight against corruption (A. Viviani) - Social defence, corruption, the protection of the public administration and independence of the judicial power: Constitutional Law and Public Law measures (M. Vari) - Independence of the judiciary and judicial repression of the phenomenon of corruption (C. F. Grosso) - Corruption and control, observations from a Swedish viewpoint on Constitutional Law and Public Law measures (A. Nelson) - 4. Global and international measures: - The Commission’s commitment to the fight of corruption, working towards a unified system of criminal justice in a European legal area (R. Sicurella) - Roles for international organisations in the fight against corruption (R. Klitgaard) - The co-ordination of international initiatives against corruption: a perspective for the future? (M. Pieth) - Corruption, a challenge to the rule of law and democratic society (M. Delmas-Marty, S. Manacorda) - Closing speech (P. Bernasconi) - Ten recommendations against the misuse of off-shore companies as instruments of corruption and money laundering. A proposal (P. Bernasconi).
325. THE NEW CRIMINAL RISKS IN CYBER FINANCE
Results of the research undertaken by CNPDS, co-ordinated by Ernesto U. Savona (Transcrime, Trent University) and Sonia Stefanizzi (CNPDS), in scientific support of the Milan Chamber of Commerce’s permanent Observatory on usury and economic crime.
Franco Angeli Editore - Milan - 2000 - 203 pages
This volume sets out the results of the work undertaken by a CNPDS research group in scientific support of the Milan Chamber of Commerce’s Observatory on usury and economic crime, which aimed at revealing the relationship between the spread of new technologies in the financial world and the criminal activities related to them, in order to identify possible strategies for counter-measures. It highlights the activities referable in whatever way to fraudulent acts and those calculated to involve a “criminal risk”. In particular, the volume analyses the risks connected to “on-line finance” linked to the operations of banks or intermediary firms undertaken on the Internet. Such risks can be assessed on the basis of the typical stages in the management of any investment operation, whether in the problems of identifying the financial data essential to an investor, or of recognising the concentration of opportunities for fraudulent investments. From the standpoint of potential targets for fraud, however, one can perceive the dangers in falsely manipulated information aimed at misleading the investor, as well as the possibilities of manipulating the investor’s computer database. Having identified the risk areas, the volume deals with the task of addressing them and analyses ways in which they might be tackled. Clearly the responses to be devised need to take account of the particular features of the technological means that are employed and cannot be confined simply to adapting existing national and international legislative provisions. So, alongside the protection inherent in juridical instruments, various practical “technological” counter-measures must be instituted. In fact, the network itself can provide instruments capable of developing useful preventive measures against virtual financial crime, and these, precisely because they are best adaptable to the environment in which such crime is committed, may prove more effective than the protection traditionally provided by the law.
Introduction - Part I: “The criminal risk” in the offer of financial services by Internet - Internet banking: analysis of the areas of risk - Intermediary firms dealing in personal property and other on-line financial intermediaries: analysis of the risk areas - A criminological profile of the cyber criminal - Part II: The financial market on the Internet in Italy, a survey of “criminal risks” and of prevention and control activities - Vulnerability of the Italian financial system on the Internet - Part III: Juridical instruments and protective technologies for the Internet financial market - Protection in civil and administrative law - Criminal protection - Technological protections - Conclusions.
326. ITALIAN CRIMINAL JUSTICE IN AN INTERNATIONAL PERSPECTIVE
Proceedings of the Study Conference held at Courmayeur, Italy, 8th-10th October 1999, promoted by CNPDS in collaboration with the Courmayeur Foundation
No.22 “Enrico de Nicola” Collection of Study Conferences - Current Problems in Criminal Law and the Law of Criminal Procedure
Ed. Giuffrè - Milan - 2000 - XVII 215 pages
The Conference examined the development of criminal justice within an international perspective. The debate commenced by underlining the particular features of the chosen theme, because of its cultural “perspectives” extending beyond a purely national context so as to study supra-national laws and jurisdictions, especially at a Community level. In fact, this involves a need, felt by all the participants, and frequently indicated as an absolute essential, to transcend national confines. The Conference went on to analyse three subject- areas. The first, general one, involved various aspects of substantive and procedural Criminal Law held in common during the process of harmonising European Law, with special reference to the creation of a Community-based Criminal Law and the institution of an authoritative jurisdiction operating throughout the European Community. A more empirical perspective was pursued in addressing the second subject-area, which proposed a study of the operational measures of supra-national organs of jurisdiction, such as the new European Court of Human Rights and the International Criminal Tribunal, for crimes in the former Jugoslavia. The experience of those working daily in that area served to indicate a number of important specific features of such organs of jurisdiction, providing a meeting-point and reciprocal influences for different juridical cultures. The third subject-area, finally, dealt with the urgency, which was unanimously felt at the Conference, for a uniform global response to transnational crime, whose characteristics and modus operandi make essential the adoption of global instruments to fight it.
Introduction (G. Conso, V. Rognoni, G. Verde) - The New European Court of Human Rights, between continuity and reform (M. de Salvia) - The harmonization of penal systems: an introduction (S. Manacorda) - Debate (P. Gaeta, G. Conso, R. Louvin, L. Conti) - European unification and issues of Criminal Justice (R. Riz) - Towards a European juridical area (G. Grasso) - The project for a European Public Prosecutor in the corpus juris (P. Tonini) - The international community confronted by global crime? (P. Bernasconi) -International criminal jurisdictions (A. Cassese) - The evolution of judicial co-operation in penal matters (M. Chiavario) - The system of Criminal Procedure and International Conventions (A. Giarda) - Debate (M. Caianiello, G. Conso, A. Saccucci, G. Pecorella, E. Dolcini, F. Zuccarelli) - Summary Report (G. Marinucci, G. Conso).
327. CRIMES AND ON-LINE MUSIC
Developments in music piracy through the use of new technologies: analyses and remedies
by Talhita Malagò and Mara Mignone
Results of work undertaken by the CNPDS research group, co-ordinated by Ernesto U. Savona (Transcrime, University of Trent, Italy) and Sonia Stefanizzi (CNPDS) in scientific support of Milan’s Chamber of Commerce’s permanent Observatory on Usury and Economic Crime.
Franco Angeli Editore - Milan - 2000 - 205 pages
Mp3 and Napster: just two words which suffice to evoke the concept of a revolution that has permeated the music market, jeopardising authors’ copyright, throwing the recording industry into turmoil and changing the usages and attitudes of consumers. Is this the beginning of a new era or the end of protection for music?
To answer this question, the research group has analysed the various problems associated with music piracy on the Internet, through the examination of cases and concrete experiences. It has also endeavoured to give an account of the national and international debate on possible remedies for the problem, identifying both the positive and negative aspects of the various proposed solutions.
The research undertaken by CNPDS has also involved participation by consumers, producers and control and supervisory organs in this field.
Part I. – Music and new technologies: music piracy between tradition and innovation: 1. Internet and e-commerce: the new potential of the on-line music market and vulnerable factors in digital music – 2. On-line music piracy: problems of definition and criminal instances – 3. The technological evolution of traditional music piracy in the hands of organised crime – Part II – The prevention of on-line music piracy: 4. Intellectual property in the information society – 5. Technological safeguards – 6. Models of distribution of on-net music – 7. Education of the consumer on digital authors’ rights – 8. The role of society in the collective management of authors’ and editors’ copyright and of the music industry’s federations in the protection of on-net music – Conclusions.
328. FISCAL CO-ORDINATION IN THE EUROPEAN UNION
Proceedings of the 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 at Stresa,Italy, 19th-20th May 2000
No.7 of the “Giordano Dell’Amore” Observatory collection
Ed. Giuffrè – Milan – 2001 - XVI 252 pages
The contributions contained in this volume focus attention on the need for a European accord on fiscal policies, at both national and Community levels, in consequence of the constantly increasing liberalization of capital movements and market globalization. Fiscal harmonization, at least between the single European currency States, is by now considered indispensable for creating clearly defined rules for taxation and exemption from taxation. The current structure, in fact, no longer meets the needs of the market and its rapid evolution. One has only to think of the notable problems created by the presence of fifteen different types of national taxation within the European Union.
In any case, it is undeniable that the international and Community market are currently characterised by the opportunity for businesses to seek the optimum areas of investment, thus creating a sort of “competition” between States for attracting taxable resources and criteria. As a result we have phenomena of “fiscal competition”, characterised by the unco-operative stances of States in relation to their own fiscal policies. While that may reflect a valid instrument for improving, for example, the public sector and the quality of taxation structures, at the same time the so-called illicit forms of fiscal competition are harmful. Therefore, in order to avoid possible distorting consequences, fiscal harmonization between countries in the European Union should no longer be deferred, even if hitherto it has been set back by the conviction that fiscal policies are exclusively an integral part of political, economic and social choices which lie outside the ambit of the Treaty. Despite the difficulties, in the short or medium term, of drawing the taxation policies of the Member States significantly closer to each other, in terms of direct taxation, it is by now essential to move towards a co-ordination of fiscal instruments. This would represent one of the indispensable instruments, so that, after the creation of a semi-common market and unitary monetary system, the European Union may draw even closer to an economic and political convergence. However, the lack of a strong political force capable of responding in this sense to individuals and businesses causes great problems for the existence of a system of fiscal harmonization. Many people, indeed, consider that this last objective may only be attained in its entirety when a greater political integration at the European level is achieved in line with the experience of federal States.
Welcoming address by L. Pomodoro – First Session: A. The European Union dealing with its expansion and institutional reforms (M. Monti) – Decision-making processes in fiscal matters (D. Strauss-Kahn) – B. Internal market and tax regulation: legal and economic aspects – The Single Market and fiscal policies: economic aspects (S. Giannini) – C. Towards a system of European public finance? (R. Artoni) – Second Session: Co-ordination of direct taxation: income tax and capital duty (V. Tanzi) – A. The December 1997 package – The taxation of savings (A. M. Cardani) – The code of conduct and taxation of businesses (V. Cerrini) – European co-ordination in fiscal matters: elements for a common system (S. Micossi) – Third Session: The harmonization of excise and VAT (G. Rossi) – The prospects for a Community VAT (S. Smith) – The taxation of energy and environment (C. Ljungh) – Concluding Round Table: S. Cnossen, G. Guzzetti, M. Keen, S. Lodin, A. Pedone, V. Visco.
329. COMBATING TRANSNATIONAL CRIME. CONCEPTS, ACTIVITIES AND RESPONSES
edited by Phil Williams and Dimitri Vlassis
Proceedings of the International Conference, Courmayeur, Italy, 25th-27th September 1998, organised by CNPDS/ISPAC in cooperation with the United Nations Office at Vienna-UNOV, the Centre for International Crime Prevention-CICP and by the Courmayeur Foundation, under the auspices of the Ministry of Justice of Italy.
English language edition
Frank Cass Publishers, London-Portland – 2001 – 390 pages
This volume contains the contributions from experts from all over the world, belonging to different fields of study and research, aimed at promoting the exchange and enhancement of the most up-to-date knowledge in the field of transnational organised crime and proposals for effective strategies and counter-measures. In the first part of the work, an effort is made to define the concept of transnational organised crime, in the context of an inter-disciplinary perspective, in order to analyse the various structures that it assumes, the areas within which it operates and develops, the way in which illegal businesses and markets organise themselves in order to operate on an international plane, and also the relationship with the social-economic background affected. This, moreover, is undertaken in the light of the process of globalization, which has led in recent years to a growth of the phenomenon in terms of dimensions, intensity and sophistication. The volume examines in detail the relationships and links existing between crime and the markets, distinguishing between transnational criminal businesses and transnational criminal markets, which oblige criminal organizations to assume an international dimension. This leads to a significant distinction both in the mode of operation and mode of organization between transnational crime and the matrix of national crime, which is becoming transnational through the stimulus of new prospects of illicit profits. The contributions in the volume then underline the pressing need for an effective collaboration, both bilaterally and multilaterally, against the various forms of transnational crime, with special regard to the techniques employed, which utilise new technologies, as well as complex and sophisticated forms of organization and financing, so as to avoid frontiers, conceal their activities and launder the illicit profits through legitimate economic activities. The volume also contains contributions related to the various geographical and/or cultural situations and contributions outlining a strategic approach to the problem to be set in motion through stronger co-operation at an international level, harmonization of the legislations of individual States and co-ordination at a judicial level as well as between the forces of law and order on a global plane (Interpol) and a regional plane (Europol). In such a system, a central role should be assumed by the United Nations Convention against
Transnational Organised Crime.
Introduction and overview (P. Williams, D. Vlassis) – 1. Conceptual issues: - The dynamics of illegal markets (P. Arlacchi) – Transnational crime: definitions and concepts (G. O. W. Mueller) – Globalization and transnational crime: effects of criminogenic asymmetries (N. Passas) – Organizing transnational crime: networks, markets and hierarchies (P. Williams) – Criminal fraternities or criminal enterprises? (L. Paoli) – Organized crime and ethnic minorities: is there a link? (F. Bovenkerk) – Transnational Chinese organized crime activities: patterns and emerging trends (Ko-Lin Chin, S. Zhang, R. J. Kelly) – 2. Criminal activities and markets: Maritime fraud and piracy (J. Abhyankar) – Crime in cyberspace (P. N. Grabosky) – The rise of the modern arms black market and the fall of supply-side control (R. T. Naylor) – Trafficking and sexual exploitation of women and children (L. Pomodoro) – 3. Responding to transnational organized crime: - Trafficking in people: the Human Rights dimension (Office of the High Commissioner for Human Rights) – Money laundering in Italy (A. Pansa) – Strengthening the international legal system in order to combat transnational crime (G. Di Gennaro) – Responding to transnational crime (R. E. Kendall) - Transnational organized crime and institutional reform in the European Union: the case of judicial cooperation (C. Fijnaut) – Responding to transnational crime; the role of Europol (E. Marotta) – International Atomic Energy Agency Programme against illicit trafficking of nuclear materials and radioactive sources (A. Nillson) – Strengthening cooperation against transnational crime: a new security imperative (R. Godson, P. Williams) – Drafting the United Nations Convention against transnational organized crime (D. Vlassis).
330. COUNTERING TERRORISM THROUGH INTERNATIONAL CO-OPERATION
Proceedings of the International Conference, Courmayeur, Italy, 22nd-24th September 2000, organised by CNPDS/ISPAC in cooperation with: United Nations Terrorism Prevention Branch-TPB, United Nations Office for Drug Control and Crime Prevention -ODCCP and the Courmayeur Foundation, under the auspices of the Ministries of Justice and of the Interior of Italy.
English language edition
ISPAC – Milan – 2001 – 392 pages
The purpose of the Conference was to provide a meeting point for experts from all parts of the world engaged in a field of crucial current concern – the fight against terrorism. In fact, terrorism is widespread across the international scene and, together with familiar traditional characteristics, has been seen to develop in new directions, exploiting vehicles such as technological development, globalization of the economy and major migratory movements. In real-ity, as a global phenomenon, is not easy to classify as a single entity, despite the customary unitary definition attributed to it, since it may be identified in multiple facets. Indeed, it is possible, to find distinctions in relation to its ideological matrices, the instruments and techniques it employs, its selection of perpetrators and supporters, its relationships with governments and its objectives. The Conference thus analysed the various interfaces of the phenomenon, commencing with the so-called nationalist or ethnic terrorism and going on to movements inspired by political motivations, such as the fight against today’s totalitarianism or particular ideologies. There is also evidence today of a new phenomenon, constantly increasing, which is linked with right-wing racist ideologies, originating in the ever growing presence of immigrants and political refugees in the countries of the West. So, there are frequent situations where religious fundamentalism and politics combine in a single extremist ideology. It has been emphasised how this phenomenon is expanding, with notable repercussions not only in Moslem countries but across the whole international scene. The contributions of participants in the Conference were then focused on evaluating possible strategies to tackle the criminal activities connected with terrorism and the balance-sheet of the results achieved. So, it was underlined how, on a national and international plane, it could be possible to adopt a variety of counter-measures, whether political and governmental, economic and social, military, legal and judicial. Each one of these instruments has its own peculiarities and a different degree of effectiveness relative to concrete situations and, in order to exploit their efficacy, it is necessary to employ them all simultaneously. Discussion in the course of the Conference also centred on the effectiveness and limitations of the sanctions so far imposed by the international community on those governments which more or less explicitly support terrorist activities. Reservations regarding such strategies were expressed in a number of contributions, since they have often shown themselves ineffective, serving only to increase the sufferings of civilian populations.
Introduction (A. Schmid) – Opening remarks (P. Arlacchi) – 1. The changing face of terrorism: - Perceptions and misperceptions of religious terror (D. Rapoport) – Right-wing and racist terrorism (T. Björgo) – Separatism, irredentism and terrorism: a comparative survey 1945-2000 (C. Hewitt) – Terrorism and weapons of mass destruction (M. Leitenberg) - Myths and realities of cyberterrorism (P. Flemming, M. Stohl) – 2. Terrorist interfaces: - The nexus between arms trade, drugs and terrorism (B. G. Thamm) – Organized Crime and the financing of terrorist and guerilla movements (G. J. Petrakis) – Defining terrorism by reference to the laws of war: problems and prospects (M. Scharf) – The evolution of antiterrorism forces in Italy: assessment of the current threat (A. Andreassi) – Countering terrorism: an Italian perspective (M. Brutti) – 3. Coping with terrorist crimes: - Targeting terrorist financing in the Middle East (R. Paz) – On the kidnapping industry in Colombia (R. D. Ramirez) – The lifeblood of terrorist organizations: evolving terrorist financing strategies (R. Gunaratna) – Responses to terrorism from the toolbox of liberal democracies: their applicability to other types of regimes (P. Wilkinson) – 4. Regional and international policies and experiences: - Cooperation against terrorism in the Middle East and Africa (A. Mohsen) – Europol and terrorism (M. S. Carrión) – Interpol and terrorism (C. Fortin) – 5. Closing debate: - Possibilities and limitations of international sanctions against terrorism (H. Corell) – Towards joint political strategies for de-legitimising the use of terrorism (A. Schmid) – 6. Submitted texts: - International legal framework for cooperation in combating terrorism; the role of the UN Ad-Hoc Committee on Measures to eliminate international terrorism (R. Perera) – The main factors in Israeli counter-terrorism strategy (B. Ganor) – Terrorism, aviation security and the media (A. Schmid) – The culture of hostage taking in Chechenya (V. Tishkov).
331. THE RULE OF LAW IN THE GLOBAL VILLAGE: ISSUES OF SOVEREIGNTY AND UNIVERSALITY
Proceedings of the International Symposium held on the occasion of the signing of the United Nations Convention against Transnational Organized Crime, Palermo, Italy, 12th-14th December 2000.
The organisation of the Symposium was a joint enterprise of the Italian Scientific Committee, ISPAC, UNICRI and the United Nations Centre for International Crime Prevention – CICP
English language edition
ISPAC – Milan – 2001 – XIV 162 pages
The signature of the United Nations Convention and the Palermo Conference in December 2000 represented an important step forward towards greater international co-operation in the fight against transnational organised crime. The Symposium, which took place at the same time as the Conference, promoted discussion of the subjects of security, legality and the protection of citizens in a transnational perspective. It was emphasised that the need to progress to supranational legislations and jurisdiction involves inevitably a reduction in terms of each State’s sovereignty. But in this, sovereignty and universality should not be viewed as contradictory concepts but as two different approaches of a single strategy to fight organised crime, a strategy in which a fundamental element is the creation of common rules and authorities capable of supervising and imposing sanctions in all countries. It emerges clearly from the contributions that strengthening international co-operation and a transnational approach should not mean any lesser vigilance at the local level but, on the contrary, should draw benefit from the great efficacy of national legislations and the rule of law in individual States.
Introduction (A. Schmid, J. Greig) – The concept of the rule of law (A. Schmid) – Opening session: - Welcoming address (G. Conso) – Opening Remarks (P. Fassino) – Word of welcome (N. Cristaldi) – Opening statement (P. Arlacchi) – Theme introduction: - Rule of law: lofty idea or harsh reality? (W. Nagan) – Towards a European judicial area (A. Vitorino) – Towards universal jurisdiction: promise or threat?: - Introductory remarks (E. Danon) – Extradition and mutual legal assistance: potentials and limitations (B. Garzón Real) – How much longer can we do without a supranational authority for financial transactions? (G. Rossi) – Universal jurisdiction, the rule of law and the need for an international civil court (M. Gibney) – Coping with transnational crimes: the need for a common response: - Common solutions to common crime problems: Southern Africa initiatives (P. Mpapa Maduna) – The role of the rule of law in abolishing modern slavery: controlling the global sex trade (A. Titi Atiku Abubakar) – Countering abuses of the banking system; where do we stand? (I. de Vere Carrington) – The challenge of borderless cybercrime: - Introductory and concluding remarks (H. Corell) – The mushrooming of cybercrime (P. N. Grabosky) – Prosecuting foreign-based computer crimes; where international law and technology collide (T. K. Hwee) – Between freedom and control: the dilemma of internet service providers (C. Callanan).
332. A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS ON WORKING WITH UNITED NATIONS ON CRIME PREVENTION AND CRIMINAL JUSTICE
edited by Gary Hill
Guide for Non-Governmental Organizations drawn up by ISPAC
English language edition
ISPAC – Milan – 2001 – 27 pages
This Guide, produced within the ambit of the activities of the International Scientific and Profession Advisory Council (ISPAC), provides essential information on the activities of the United Nations in the field of crime prevention and criminal justice. Its compilers focus in particular on those Non-Governmental Organizations that operate in this sector and provide indications and useful references for the activity of such organs.
Introduction – Office on Drug Control and Crime Prevention (ODCCP) – Commission on Crime Prevention and Criminal Justice – Consultative Status with the Economic and Social Council – The United Nations Department for Public Information – United Nations Congresses on the Prevention of Crime and Treatment of Offenders – The United Nations and the International Scientific and Professional Advisory Council – The Institutes of the United Nations Crime Prevention and Criminal Justice Programme Network – United Nations Web Sites.
333. CONFLICTS AND RIGHTS IN TRANSNATIONAL SOCIETY
Contributions to the International Congress of Sociology “Conflicts and Rights in Transnational Society”, Courmayeur,Italy, 10th-12th September 1998, dedicated to the memory of Adolfo Beria di Argentine, and jointly organised by CNPDS, the Journal Sociologia del Diritto and the Sociology of Law Section of the Italian Sociological Association, in collaboration with the Courmayeur Foundation.
Franco Angeli Editore – Milan – 2001 – 740 pages
This volume presents the contributions of experts belonging to different fields of study and research, from all parts of the world. Its aim is to promote the exchange of information and reflections on themes, such as the globalism-localism dynamic, which have long formed part of the agenda of the social sciences. The first part addresses the theme of citizenship, viewed in the sense of access to the enjoyment of rights, which has become crucial in relation to some aspects of globalization, especially the mass migrations from under-developed countries to those of the so-called First World. Closely related to this theme, and an essential part of it, is the theme of labour employment, which is tackled in the second section of the volume: the organization of labour has profoundly changed and is currently almost emblematic of the complexity of the economic and juridical dynamics in today’s world. In fact, although, on the one hand, the productive processes have assumed a transnational dimension, on the other, the juridical organization of labour persists in focusing on the national framework, with its concentration solely on the exploitation of manpower. The same pattern of analysis characterises the contributions in the third section, devoted to law in the global market. In this sense, there are, on the one side, those who demand control of the free market, seeking to protect the rights of those operating in it, but on the other hand those who concentrate on the distortions resulting from the juridical regulation of the market. The question of fundamental rights, dealt with in the fourth section, elicited one of the keenest debates within the question of globalization, for a number of reasons: first, the multiplication and specific identification of rights have led to a fragmentation on a planetary scale of subjective positions on the issue of inalienable rights; secondly, the transnational dimension of social relationships has blurred the image of a sovereign political authority responsible for the protection of such indispensable rights; thirdly, there are areas where it is difficult to adopt a clear position in the face of unfamiliar situations, especially on the source of conflicts. All these aspects find expression in the contributions to this volume, albeit generating rather more questions and reflections than answers. The problems posed by transnationalization have given much food for thought in the juridical field and have been approached, in the fifth section, at a pluralistic level, fully recognising the frequently close interconnexion between juridical systems and the plethora of sources of law. Further themes examined in the volume include: social control in the global society and the changes in Italian society at the end of the century with their accompanying conflicts, including the most important one of institutional conflict.
Introduction (V. Ferrari, P. Ronfani, S. Stabile) – Introductory Report (G. F. Mancini) – Citizenship: from the State to the transnational level – Déficits y aporías del concepto de ciudadanía europea (J. De Lucas Martin) – The Americanization of citizenship (T. Heller) – Citizenship, rights and the State as regulator (A. La Spina) – Citizenship of the European Union: a federalistic equation in the third millennium (F. Milner) – Citizenship, European democracy and the “Italian ideology”. For a critical review of political realism (M. La Torre) – Transnational perspectives of labour – Diversity of inspiration and normative content between the international organization of labour and the system of the European Community (P. Ichino) – Trends in post-Fordism. An interpretation embracing the theory of organization and sociology of law (B. Maggi) – Transnational regimes and advocacy in industrial relations: a “cure” for globalization? (D. M. Trubek, J. F. Rothstein) – The global market and law – Introductory notes (M. Talamona) – The new regulation of consumer rights (G. Alpa) – Reflections on the law of the globalised market (F. Lombardi) – “The fantastic transmission”. Indicators of delocalization for a planetarium of sociology of law (M. Raiteri) – Three theses on the global market and European Union Constitutional Law (F. Snyder) – Towards new procedural rules for transnational disputes (M. Taruffo) – Basic Human Rights in a transnational perspective – Fundamental rights in juridical sociology and in the theory of law (L. Ferrajoli) – Problems associated with the right to life (V. Frosini) – The symbolic potential of the International Tribunal for Crimes against Humanity (T. Pitch) – The productive mechanisms of the transnationalization of fundamental rights (S. Rodotà) – Rights of minors and the transnationalization of Family Law (P. Ronfani) – Perspectives of juridical pluralism in a globalised society – Statehood as a moment of the juridical theory of society (A. Bixio) – Juridical pluralism in the globalised society (M. Corsale) – Perspectives of normative pluralism in the multi-ethnic society (A. Facchi) – Aspects of juridical pluralism as between theory of law, anthropology and sociology (C. Faralli) – From the diary of a global USO hunter & gatherer (J. Kurczewski) – Economic globalism and imprecise forms of juridical pluralism: a strategy for coalition? (V. Olgiati) – Reflections on the concept of juridical “pluralism” (V. Pocar) – Pluralism of laws and models of jurisdiction (E. Scodotti) – Social control in the global
society – Global crime-control talk (J. Feest) – For a dysfunctional pluralism (M. L. Ghezzi) – Multiculturalism, security and the construction of the European Union (D. Melossi) – Crime, public opinion and common ground (G. Mosconi) – The globalisation of crime and criminal justice prospects and problems (D. Nelken) – The “control” of prostitution and regulatory illusions (M. Pavarini) – Conflicts, change and norms in Italian society at the end of the century – Automatic systems in support of judicial decision-making and change in juridical institutions (S. Animali) – Extraneousness and alternativity of justice (B. M. Bilotta) – Evaluation of welfare interventions and social policies. Juridical “instruments” as a problem of sociological research (M. T. Consoli) – Normative socialization in the pluralistic-juridical perspective: notes for a working hypothesis (A. R. Favretto) – Juridical culture and economic models. The rhetoric of competition in the National Health Service (P. P. Guzzo) – The environmental perspective and its legislative application in questions of civic use (M. Masia) – Sexuality and love in sociological analysis (S. Pappalardo) – Secret societies, systems of government and penal enforcement (C. Rossetti) – Sociology of law and institutional conflict – Law and sociology in the post-modern institutional crisis (N. Lipari) – The contribution of philosophy of law to the 1978 Spanish Constitution (G. Peces-Barba Martìnez) – The vice of juridical positivism (G. Rebuffa) – Final Reports – Some comments on “conflicts and rights in transnational society” (L. M. Friedman) – The time of dissent and the duty of self-irony (E. Resta) – Conclusions – Open questions for sociology of law (S. Rodotà) – Commemorative Session – The origin of Sociologia del Diritto in a previously unknown archive of Renato Treves (M. G. Losano).
334. CREDIT CARD FRAUDS. RISKS AND LIMITS OF ELECTRONIC COMMERCE
Essays by Tahlita Malagò and Mara Mignone, co-ordinated by Ernesto U. Savona
Results of the work of a CNPDS research group, co-ordinated by Ernesto U. Savona (Transcrime, University of Trent) and Sonia Stefanizzi (CNPDS) in scientific support of the Permanent Observatory on Usury and Economic Crime of the Milan Chamber of Commerce
Franco Angeli Editore – Milan – 2001 – 157 pages
The aim of the study was to identify the criminal risks and the possible limits to the development of electronic commerce, through an analysis of the characteristics of one of its essential elements viz the system of payment. In fact, problems of security in relation to transactions on the net represent a crucial factor in the development of the net itself. The work concentrates on the real risks inherent in the specific features of the virtual context, without however ignoring the fact that the credit card itself is a vulnerable system of payment. It is underlined, moreover, that the fact that the net provides scope and attractive opportunities for both old and new crimes does not mean that the traditional forms of crime in the physical world are not themselves on the increase through the very use of new technologies and the widespread use of the Internet. In fact, estimates indicate a significant increase in the near future of counterfeiting of the material elements of the system. Finally, in line with its chosen multi-disciplinary approach, the study takes the view that credit card frauds depend on a number of closely inter-connected factors: from the typology of the mode of payment under examination to the contribution of the new technologies and finally to the specific features of the circumstances of their use.
Foreword – 1. Introduction to the “credit card system” - 2. Dimensions of the phenomenon - 3. Particular aspects and risks of crime - 4. How the risk from fraud is borne as between the contracting parties in transactions by credit card - 5. Repression of crime - 6. Prevention of crime – Conclusions – Bibliography.
335. THE PENAL SANCTION SYSTEM: EFFICACY AND CERTAINTY IN THE SANCTION
Proceedings of the Study Conference held at Casarano-Gallipoli, 27th-29th October 2000, promoted by CNPDS in collaboration with the “Michele De Pietro” Centre of Juridical Studies
No. 23 “Enrico de Nicola” Collection of Study Conferences – Current Problems in Criminal Law and Procedure
Ed. Giuffré – Milan – 2002 – XXIII 370 pages
This volume presents the proceedings of the Conference, the central theme of which was the well-recognised crisis, which is more structural than economically caused, of the prevailing system of penal sanctions, which is rent by contrasting pressures and trends. In fact, on the one hand, there is a need to restore efficacy and certainty in penal sentencing, which is also a demand of public opinion, which is bewildered by episodes that are widely reported by the organs of public information. On the other side, there is a justifiable concern not to deny, when hearing and adopting such outcries, the advances that have been made in a “progressive” execution of penalties that are considered more consonant with Constitutional principles. Particular attention has been given to the crucial stages in the progressive execution of the sentence (the alternatives to prison, conditional discharges, restorative measures, release under amnesty, pardon) and to the major influence on these of procedural mechanisms, such as appeals (including the problem of time-barred actions) and special forms of procedure. Those attending the Conference were unanimous in denouncing a flagrant contradiction between a superficial severity and an essential leniency in the penal sanctionary system. In such conditions, mistrust of the system is intensified by instances of judicial occurrences, which have sometimes been of great significance and especially serious offences, concerning people condemned at first and second instance and then released because their crimes have become time-barred. The task undertaken, therefore, by the rapporteurs was to identify and at the same time analyse the mechanisms of substantive Criminal Law, Criminal Procedure and the Prison System, which currently apply to all such situations of removal from the control of the penal system; also to outline a number of proposals for remedying the structural causes of these deficiencies. Additional, close attention was given to the lines followed by the Grosso Project for the reform of the Criminal Code.
Introductory Report: Let punishment be moderate but certain (E. Dolcini) – Alternative measures and substituted penalties – Practice, reform projects (G. Tamburino) – Flight from prison and return to the sanction. The question of substitute penalties as between efficacy of the sanction and efficacy of the procedural mechanisms (T. Padovani) – Alternative measures and efficacy of the penal sanction: a recognition of the present situation and prospects for reform (F. Della Casa) – Conditional discharge: problems and prospects (D. Pulitanò) – Progressive execution of sentence and penitentiary “benefits”: what should be retained (F. Palazzo) – The protean identities of incarceration. Points of comparison between European penal systems (S. Vinciguerra) – Time-barring of offences and efficacy of the process as between appeal systems and prospects of reform (V. Grevi) – Time-barring of offences: possible intervention measures (E. Fassone) – Special procedures and sanctionary treatment (G. Lozzi) – Special procedures and sanctionary treatment (R. Orlandi) – Discussion – Summary Report (G. Marinucci).
336. LOCALISM AND GLOBALIZATION. CULTURAL DIFFERENCES AND EDUCATIONAL BACKGROUNDS IN TODAY’S COMPLEX WORLDS
Proceedings of the International Seminar in memory of Riccardo Massa, held at Courmayeur, 1st-2nd December 2000, promoted by CNPDS and the Italian National Commission for UNESCO, in collaboration with the Department of the Sciences of Education at Bologna University and the Courmayeur Foundation, under the auspices of UNESCO
Ed. Musumeci – 2001 – 220 pages
This volume presents the proceedings of the International Seminar, which followed a period of consideration and study, analysing differences of culture and education in the complex conditions of today’s worlds. The cultural differences, which emerged during the historical dynamics of the first half of the twentieth century, now seem to have received new values both at the institutional level and at the level of collective identity. The Seminar set out to offer scope for addressing these issues in lectures and analytical work in different disciplines, all of them nevertheless intent on probing deeper into subjects which increasingly concern the whole planet. The work was spread over two days. The first discussed the dialectics between the local and the global, involving various disciplinary and theoretical perspectives (anthropology and history, economics and sociology, epistemology, etc.), while the second focused upon the educational experiences through which the various institutional, associative and informal contexts (international, national, regional, municipal, etc.) initiate actions, routes and modes of managing the differences. The Seminar made good use of a working method which has come to typify various meetings in recent years: carefully organised introductory sessions over the preceding months (reports and documents) were followed by moments of comparative meetings between the participants, taking as their starting point their own fields of research or professional activity as well as the different identities and cultures to which they belong.
Opening session (R. Blua, L. Passerin d’Entrèves, T. Carettoni, R. Louvin, E. Bertonelli, L. Guerzoni) – In memoriam Riccardo Massa (L. Pomodoro) – 1. Localism and globalization. Cultures, identities, differences. Proposals for an analysis of the complexities in today’s worlds (J. Galaty, M. Callari Galli) – Localism and globalization. Practices, routes, instruments for an education in otherness in the world of differences. Experiences compared (E. Bertonelli, G. Guerzoni, G. Ventura, M. Traversi, W. De Liva, J. Vanlandschoot, K. Kuukka, I. Bokova) – Living in current conditions. Readings, analyses, research in the field of today’s worlds (M. P. Azzario Chiesa, A. Balikci, A. Bioley, G. Di Cristofaro Longo, U. Fabietti, F. Ferraris, A. Franza, A.M. Gianotti, J. Guttman, P. Hoop, V. Matera, P. Mottana, B. Riccio, A. Signorelli, E. Scandurra).
337. INTELLECTUAL PROPERTY AND CYBERSPACE
Proceedings of the 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 at Stresa, 4th-5th May 2001
No.8 Collection of the “Giordano Dell’Amore” Observatory
Ed. Giuffré – Milan – 2002 – 184 pages
This Conference addressed a topic of great importance and contemporaneity, which in recent years has become the subject of study and debate from many points of view. Today’s new frontiers of intellectual property must reflect the expansion of instruments of communication, including Internet, and a new site of confrontation: cyberspace. The choice of the theme of the Conference was inspired by a wish to tackle an area by now considered fundamental both by economists and jurists. The analyses and studies undertaken succeeded in delineating a vast and detailed picture of the main problematic areas, thanks to contributions from scholars, experts and practitioners in various disciplines. The work was divided into two sessions. The first considered the general foundations of the problem, while the second went into more detail in specific areas. In the course of the first day, the nature was explored of the trade-off in this field on the economic, juridical and social planes. The second session examined these problems in more depth, with reference to the worlds of literature, music, art and software: the impact of the net on these sectors is profound, with social as well as economic implications. The musical community represents a radically new phenomenon; just as the possibility of composing works of art, and shooting film and filmed material in general could in the future transform every day practices. The book industry could undergo equally dramatic changes: there is no doubt that Internet and publishing will exist side-by-side in new forms, perhaps with reciprocal benefits. These problems were also addressed in relation to the production and commercialization of software and hardware: in this context the need appeared still clearer for a review of the relationship between protection of individual interests and the collective interest. From the very beginning of the Conference it was stressed how, in a general perspective and despite the enduring importance of the two reference disciplines (economics and law), economics has no longer much more to suggest in the era of cyberspace and the information society, whilst law has come to occupy a central position.
Welcome address (G. Rossi) – Cyberspace and Antitrust (D. Boies) - Basic software economics (R. Urowsky) – Freedom of speech and intellectual property in the digital age (J. Balkin) – Copyright and the market (F. Silva) – Intellectual property on communication standards: balancing innovation and competition (G. Ghidini) – Planning innovations in cyberspace (L. Lessig) – Is there a place for regulating disputes in cyberspace matters? (J. J. Gomez) – Who can understand this stuff? How do American Courts attempt to educate judges and juries about science and technology? (H. Matz) – The new dimension of constitutional liberties in cyberspace (B. Caravita di Toritto) – Debate – Round Table on the worlds of publishing, music, art and software (D. Ferrari, S. Perlmutter, E. Miller, P. Sacco, E. U. Savona, D. Rossi) – Conclusions (G. Calabresi).
338. GENETIC TESTS: FROM APPLICATIONS TO RULES
Proceedings of the Conference held in Milan, 7th May 2001, promoted by CNPDS and the European Institute of Oncology – IEO
Milan – 2002 – 84 pages
This volume contains the proceedings of the Conference, which is representative of the close collaboration between CNPDS and the European Institute of Oncology, and which addressed the implications that sequencing of the human genome will have not only on the predictive capacity of genetic tests but also on their therapeutic, ethical, social and juridical implications, when such capacity is reduced in practical terms to cover the structures of research, diagnosis and treatment. In such circumstances, knowledge and an inter-disciplinary approach are indispensable for pursuing a line of action – in the ever-broadening framework of genetic tests – which is crucial for the care of the individual. The first part of the volume discusses themes of major current importance, like the impact of new genetic knowledge on multi-factor illnesses, such as cardiovascular illnesses and tumours and the broad range of standpoints in relation to patentability in the genomic field. The volume goes on to deal successively with more precisely ethical, juridical and political aspects, with contributions from representatives from Parliament, universities and research centres, and also from associations of patients and journalists, with the aim of evaluating the totality of experiences and disciplinary abilities which are considered essential for the advancement of knowledge and health in a democratic system.
Opening of the work of the Conference (U. Veronesi – Guido Rossi) – The human genome and beyond (E. Boncinelli) – Diagnosis and prediction of genetic illnesses (P. Froguel) – Genetic tests in oncology: models of breast cancer and ovarian cancer (G. Della Porta, M. A. Pierotti) – Genetic consultancy for subjects with a family background of mammary or ovarian carcinomas – The experience of the European Institute of Oncology (A. Decensi, A. Galli) – Bio-ethical approaches to genetic illnesses (A. Piazza) – Genetic Counselling: ethical and juridical problems (G. Calabresi) – Informed consensus (S. Rodotà) – Relationship between predictability and individual tests (P. Rescigno) – Genetic tests on children or invalids (E. Resta) – Conclusions (L. Pomodoro).
339. SOCIAL DEFENCE AND CRIMINAL LAW FOR THE PROTECTION OF COMING GENERATIONS, IN VIEW OF THE NEW RISKS
Proceedings of the XIVth International Congress on Social Defence held in Lisbon, Portugal, 17th-19th May 2002, organised by CNPDS and the International Society of Social Defence and Humane Criminal Policy-ISSD, in cooperation with Centre for International Crime Prevention-CICP and United Nations Office for Drug Control and Crime Prevention-ODCCP, under the auspices of the Ministry of Justice of Portugal.
Cahiers de défense sociale - 2002 - 278 pages
This volume assembles the proceedings of the XIVth International Congress on Social Defence, which addressed a subject of major importance offering considerable difficulty at an international level: the role of Criminal Law legislation in protecting the rights of future generations, who are threatened in the current historical context by an ever growing number of new risks (threats to health, to the environment, to the economy, to human rights and to supra-national institutions). The chosen subject, as developed in the course of the work of three days, is broad and complex, and it involved and united during the debate scholars, experts and practitioners from a number of different disciplines. Special attention was given to various problems central to the current debate on aspects of criminal policy. The Conference was also an opportunity, in a world characterised by a continual rapid evolution, to focus on the new frontiers and new limits of criminal liability. In a “vertical” sense, this meant examining the phenomenon whereby, within complex organizations, there is no longer a central figure upon which to concentrate criminal liability, given that it is difficult to place the blame for individual serious offences at the door of individuals who form part of the management. In a “horizontal” sense, the new forms of criminal liability must address the changes caused by the globalization of international relations: in today’s world a crime is frequently not committed within a single country or a single system, but consists of diverse elements committed by many individuals in a number of countries. The Conference was divided into four sessions. The first two dealt with the general bases of the problem, and also studied specific problems related to environmental risks linked with the development of scientific research and the controversial questions connected with the exploitation and patentability of scientific discoveries in the field of bio-diversity and genetic engineering. In the other two sessions, those presenting papers dealt with the subject of human rights: on the one hand via an analysis and study of the EU’s Charter of Fundamental Rights; on the other, via a debate on a number of institutional solutions, International Criminal Courts and Commissions for Truth and Reconciliation, which have been tried experimentally in various countries.
Opening Session (S.Rozès, E. Vetere, M. Campos) – General Introductory Report (J. De Figueiredo Dias) – Session I: Problems posed by development and the evolving scientific research (different kinds of harms, genetic engineering and sustainable development) (Chair: L. Arroyo Zapatero; M. Blumberg-Mokri, M. da Costa Andrade, G. Ghidini, A. Vercher) – Session II: The challenges of criminal liability: new alternatives and limits, new forms and new goals (Chair: P.H. Bolle; M. Ciafardini, W. S. Laufer, J. Vogel) – Session III: The Charter of Fundamental Rights of the European Union (Chair: L. Pomodoro; R. Manuel Moura Ramos, M. Nettesheim) – Session IV: International Criminal Courts and Reconciliation Commissions: suitable responses to threats of wars, genocides or discriminations facing coming generations (Chair: B. Beiderman; A. Ceretti, A. Nosenzo, F. Pocar) – Closing Session (I. Tiago Silveira, S. Rozès, E. Bruti Liberati).
340. ADOLESCENTS AND TERRITORY: RELATIONSHIP PATTERNS AND IDENTITY CONSTRUCTION
Results of a study by CNPDS commissioned by the Borough of Sesto San Giovanni and co-ordinated by Sonia Stefanizzi
Milan - 2002 - 181 pages
The aim of the study conducted by a CNPDS research group using a representative sample of middle- and upper-school students in Sesto San Giovanni was essentially exploratory in nature: seeking to highlight the world of adolescents, its attributes and characteristics, its limits, its aspirations and its expectations. The adolescent world, as it emerged from the opinions expressed by students, was then contrasted with the points of view of adults, or rather as the same is represented in the view held by parents and teachers of the young, which emerged from an in-depth study of a sample of parents and teachers selected on the criterion of their involvement in problems of adolescents. In the Appendix, information is given on the socio-demographic characteristics of Sesto San Giovanni, on the social policies pursued by the Borough authorities for adolescents and on the provision and models of intervention from both the public and private social sectors
Presentation – Opinions and attitudes of the young: a study of adolescents and pre-adolescents living in the Borough of Sesto San Giovanni – The viewpoints of adults: a study of parents and teachers – Concluding observations. Appendix: I. The socio-economic context – II The social policies of the Borough of Sesto San Giovanni in support of adolescents: a few reflections – III The monitoring of projects and interventions with regard to pre-adolescents and adolescents in the Borough of Sesto San Giovanni.
341. NEW FUNCTIONS OF CORPORATE ORGANS: TOWARDS CORPORATE GOVERNANCE?
Proceedings of the Conference held at Courmayeur, 28th-29th September 2001, organised by CNPDS and the Courmayeur Foundation
Ed. Giuffré – Milan – 2002 – XIV 206 pages
The aim of the Conference was to develop an awareness of the growing importance of the rules of “Corporate Governance” in the life of modern commercial companies, using a disciplinary approach involving scholars and practitioners with different backgrounds of activity and experience, so as to gain an overall picture of crucial issues within the current debate. The work of the Conference was characterised by a recognition that in any regulatory system, whether under Company Law legislation or the rules of “Corporate Governance”, the aim must be to limit strictly any opportunistic conduct by the administrative organs and prevent them from acting against the public policy as a whole. However, in practice, nearly every regulatory system for companies is characterised by the generality and vagueness of its legislative provisions governing the composition and functioning of the administrative organs, which are only partially defined whether by statute or by codes of self-regulation. Indeed, it has been observed that the conduct of directors is often influenced more by “external” control mechanisms, as for instance those dictated by the market, than by “internal” rules concerning the corporate organization. However, quite aside from the efficacy attributed to market forces, two specific questions were put to those contributing to the Conference. First, can the rules of “Corporate Governance”, within an ill-defined and changing context, really provide the instrument for a new and effective discipline of the activity of managers relative to shareholders, employees, creditors and the market? Secondly, can such rules constitute for firms a new “lex mercatoria” in this era of globalization? If both questions receive an affirmative answer, another question arises: to what experiences and/or models of “Corporate Governance” should reference be made? All those presenting papers to the Conference were asked to address these and other more detailed questions. At the end, one particular consideration emerged: “Corporate Governance” has earned a reputation, which it is impossible now to fail to address. Nevertheless, every system must necessarily take into account the social, economic, legal and political conditions within which the corporate sector must operate, since, if it does not, the expectations preceding the ethos of “Corporate Governance” will certainly be disappointed.
Opening session (L. Passerin d’Entrèves, R. Blua, R, Louvin, G. Neppi Modona) – The myth of corporate governance (G. Rossi) – Privatizations and corporate governance (G. M. Gros-Pietro) – Corporate governance and shareholders’ assets (A. Tantazzi) – Corporate management and corporate assets. An unproven hypothesis (L. Spaventa)- Current developments in corporate governance in Europe, 2001 (E. Wymeersch)- Some lessons from corporate governance in U.S.A. (F. Barca) – Value for shareholders and company management (G. Ferrarini) - Condition and outlook for corporate governance in medium-size family firms (G. Brunetti) – Should corporate governance be imported? (B. Bortolotti – Domenico Siniscalco) - Corporate governance in quoted companies: reflections in the light of Criminal Law and new corporate offences (A. Alessandri) – The new outlook for corporate governance (F. Grande Stevens) – Debate: self-regulation and the role of institutional investors relative to corporate governance (C. Bedogni Rabitti) – A. Grandori – E. Capizzano – F. Cassella – Corporate governance: points for further consideration (Paolo Montalenti)
342. INTERNATIONAL LAW AND PROTECTION OF MOUNTAIN AREAS
Edited by Tullio Treves, Laura Pineschi, Alessandro Fodella and published on the occasion of the International Year of Mountains, with the contribution of the Courmayeur Foundation, the Compania di San Paolo and the Italian Committee for the International Year of Mountains
Ed. Giuffré - Milan – 2002 – 325 pages
This volume is the contribution by the Courmayeur Foundation and CNPDS to the celebrations marking the International Year of Mountains. The subject of the mountain regions had been addressed by the group of international experts assembled by the Courmayeur Foundation and CNPDS, sensible that the framework of International Law governing the environment is the central aspect of the sustainable development of these areas. In fact, on the one hand, the importance of the mountain ecosystems is beyond question as sources of clean water for densely populated areas, and on the other it is clear that most of the world’s mountain chains run through the territory of more than one State, so providing important problems for co-operation and International Law. This volume is an important contribution in this field because, despite the great importance of the subjects being examined, the international community has only given serious consideration to them during the last few years. In particular, two important events of the last decade, one at a regional level and the other one at a global level, show that the situation has changed: globally, the approval of a broad plan of action for sustainable development at the United Nations Conference held in Rio in 1992; regionally, the adoption by the States of the Alpine Region of a Convention on the Protection of the Alps. One sees, however, from a reading of the volume that the fight against environmental despoliation is still progressing too slowly. In many zones the resources are exploited in a way that is not ecologically sustainable, whilst the level of sustainable development remains unacceptably low in the majority of mountain regions in the world. During the last ten years positive trends have only appeared in some areas, with a greater recognition of the role played by the mountains in the conservation of global ecosystems, in the utilization of some important resources, primarily water, and in the economic and cultural field. One of the main challenges of the years ahead may be seen in the transformation of greater awareness into greater action in concrete terms. There are various possible areas of intervention that have been indicated. First of all, the institutional structures need to be strengthened. The problems of the mountain need to be addressed with an integrated approach. Research activities, such as the collection of data and information on environmental, social and economic questions, must be intensified, especially in the developing world, so as to encourage a more informed decisional process. Also, local populations should participate more in the decision-making process, with an improvement of economic opportunities, while still preserving their cultural identities and maintaining economic growth and better standards of living for those living in the mountain regions. Among the main obstacles to the realization of the aim of sustainable development are natural disasters and the technological and environmental disasters related to them. Alarm systems and monitoring systems in the most vulnerable zones could help reduce the damage caused by such events. An important part of the work is devoted to the Convention for the Protection of the Alps (Salzburg, 7th November 1991) and the degree of its implementation of responsibilities in the juridical systems of the nine parties to it (Austria, France, Germany, Italy, Liechtenstein, Monaco, Slovenia, Switzerland and the European Union). The research activity described in the volume has focused on the principal juridical problems which the parties to the Convention have needed and still need to tackle on national and European planes to give effect to the responsibilities which it imposes. Additionally, the volume contains an illustration of European Community and Union practices and gives attention to the contributions of individual States adhering to the Convention. In the Appendix, there are the texts of the international juridical instruments and of multilateral treaties in this field.
Foreword (L. Caveri) - Introduction (T. Treves) - Environmental protection and sustainable development of mountain areas (A. Fodella - L. Pineschi) – The Alpine Convention system and its implementation:- Place et rôle du système conventionnel alpin dans le développement du droit international de l’environnement (A.Ch. Kiss) – Implementation of the Alpine Convention in Austria (M.A. Reiterer and E. Galle) - Mise en oeuvre de la Convention alpine en France (F. Servoin) - Implementation of the Alpine Convention in Italy (P. Angelini,I. Papanicopulu , C. Piacente) - Implementation of the Alpine Convention in Liechtenstein (Th. Bruha) - Implementation of the Alpine Convention in Slovenia (S. Plicanic) - Mise en oeuvre de la Convention alpine en Suisse (T. Enderlin, M. Senn) - L’action de l’Union européenne en faveur des régions de montagne ( J. J. Ruiz) - A compliance mechanism within the Alpine Convention (T. Enderlin) - Appendix: Text of the relevant instruments – List of multilateral environmental treaties particularly relevant for the protection of mountain areas – Questionnaire.
TOWARDS NEW FORMS OF WELFARE
Proceedings of the 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 at Stresa, Italy, 26th-27th April 2002.
No. 9 of the “Giordano Dell’Amore” Observatory Collection
Ed. Giuffrè – Milan
THE REFORM OF COMPANY LAW
Proceedings of the Study Conference held at Courmayeur, Italy, 27th-29th September 2002, organized by CNPDS and Courmayeur Foundation in cooperation with Assonime and Ordine dei Commercialisti of Milan.
No. 17, Collection of Study Conferences “Current Problems of Civil Law and Procedure”
Ed. Giuffrè – Milan
CULTURES AND CONFLICT
Proceedings of the International Seminar held at Courmayeur, Italy, 13th-15th December 2002, promoted by CNPDS, the Department of the Sciences of Education at Bologna University, the Courmayeur Foundation, in cooperation with the Italian National Commission for UNESCO, under the auspices of UNESCO.
TRAFFICKING: NETWORKS AND LOGISTICS OF TRANSNATIONAL CRIME AND INTERNATIONAL TERRORISM
Proceedings of the International Conference held at Courmayeur, Italy, 6th-8th December 2002, organised by ISPAC/CNPDS in cooperation with: United Nations Office on Drugs and Crime-UNODC, Centre for International Crime Prevention-CICP and the United Nations Department for Disarmament Affairs-UNDDA, under the auspices of Ministries of Interior and of Justice of Italy.
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