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ISSN 2611-8858


Market Abuse Evolution after the MAD II and the MAR: how Italy Amended its Legislation in Light of the Regulation (EU) 596/2014

The reform of the Italian provisions on market abuse, implementing the Regulation (EU) 596/2014, concerns a controversial legal issue, debated not only by scholars but also in the case law, including the European Courts (CJEU and ECtHR). Legislative decree no. 107/2018 provides for rules that are often inconsistent in themselves, without solving at all many problems in the area of market abuse

In tema di aiuto al suicidio la Corte costituzionale italiana intende favorire l’abbrivio di un dibattito parlamentare

A comment on the decision no. 207 of 2018 by the Italian Constitutional Court, that – with the primary aim to let the Parliament enact appropriate measures – decided to defer the constitutional ruling on article 580 of the Italian Criminal Code (crime of aiding suicide). This paper is also published on www.diritticomparati.it

Constitutional Legality, Conventional legality and judge-made law

The increasing relevance of case-law in criminal trials through art. 7 ECHR put several issues in civil law systems, that are primally founded on statutory laws according to their constitutional traditions. Notwithstanding the influence of European Court of Human Rights did not equate statutory law with judge-made law in such systems of law, relevance of case-law in criminal trials cannot be denied. Otherwise, irretroactivity and lex mitior retroactivity principles would be thwarted. As a result, judge-made law and statutory lawstill remain unequated when case-law is not well-established, but they should be considered equal in extraordinary cases, such as absolutely unforeseeable overruling in malam partem and overruling in bonam partem by united chambers of Supreme Court of Cassation

La remisión de la situación de Venezuela a la Corte Penal Internacional ¿una medida efectiva o efectista por parte de los Estados Americanos?

The recent referral of the Venezuelan case to the International Criminal Court by several State Parties to the Rome Statute has been deeply covered by the media in Latin America. This piece highlights the lack of effectiveness of the referral per se, then pointing out the options for States really eager to implement the international criminal justice system

Urgente: dos órganos de cumplimiento en las empresas

Differently from the interpretation contra legem advanced by the Prosecutor Office, the supervisory body under article 31 bis 2.2° of the Spanish criminal code cannot be intended as a compliance officer. Following the Italian model, the legislator vested a body with the power to oversee directors and top managers, due to the impossibility to rely upon self-control of the said individuals

Measuring, preventing and counteracting corruption in Italy

This paper aims to investigate corruption as an international phenomenon spread among several Countries around the world, which affects transparency and lawfulness of the Public Administration activities. In particular, lights will be shaded on the shape and the perception of bribery practices in Italy, according to judicial data and perception index. Therefore, the analysis will cover the efficiency of preventative measures, as well as strengths and weaknesses of the current repressive strategies

Causation and epidemiologic evidence: insights from “toxic cases” in the US and in Italy

Proving causation between exposure to toxic substances and long latency disease is often a challenging task. This is clearly showed by the U.S. toxic tort litigation, as well as by the Italian experience of criminal investigation and trials for occupational and pollution-related diseases. After a summary of the main hurdles surrounding the proof of causation in “toxic cases”, this post addresses the question of whether the most readily available type of scientific evidence – i.e. epidemiologic studies – could be used in a different, more effective way than has been done so far

Zaffaroni v. Beccaria

Laudatio presented at Cesare Beccaria’s Medal award ceremony by the Sociedad Internacional de Defensa Social, held in Salamanca on the 4 of October 2018

A new international network for criminal justice scholars and practitioners

At the start of a new journey: some brief words of introduction to Criminal Justice Network

Il contrasto alla corruzione. Il modello italiano

Text of the speech held by the President of the Italian Anti-corruption Authority on the 13 of September 2018 at the Austral University of Buenos Aires in the international conference "La política criminal frente al fenómeno de la corrupción”.