Edizioni FrancoAngeli - Last issue of CITTADINANZA EUROPEA (LA) (1/2012)

L’istruzione come attività imprenditoriale? Scuola, Università e mercato europeo

Fri, 15 Mar 2012 8:00:00 GMT

Micaela Lottini, Michele Giannino
he article deals with the issue of the legal status of education under EU law. It claims that education does fall within the scope of application of EU law, when it constitutes a service within the meaning of EU law; this is the case when an education activity is carried out against consideration of price. The application of European rules and principles has noticeable effects on the organization of the entities which provide education services. On the one hand, it promotes the development of a EU wide market for education in which operators (at least the private ones) compete to supply education services. On the other hand, it has a clear bearing on the Member States’ choices how to fund education, since, whether the funding is to be granted to privately held schools or Universities, compliance with EU State aids provisions is required

Diritto europeo, ordinamento aperto e formazione giuridica

Fri, 15 Mar 2012 8:00:00 GMT

Luigi Moccia
The article stresses the importance of defining the notion of ‘European law’ in the perspective of the ‘open’ legal system, seen as both historical experience and theoretical requirement of a way of understanding the legal system in terms of stateless and pluralistic system, on the basis of an heritage of common values and related fundamental rights reflecting the central place of the individual, as a paradigm of European rule if law to be implemented by the community of lawyers in a context of integration and communication where stands the role of comparison as main instrument for a truly European legal education.

La protezione dei diritti fondamentali nello spazio giuridico europeo

Fri, 15 Mar 2012 8:00:00 GMT

Giuseppina Passarelli
The article proposes a reflection on the protection of fundamental rights in the European Union legal area. Specific regard is given to the situation of minorities, of children, of persons with disabilities and of migrants in the framework of the Annual Report published by European Union Agency for Fundamental Rights. Many EU Member States reveal experiences of discrimination, despite the entry into force of European Union Charter of Fundamental Rights, and show the significantly gap between the formal statement of rights and its effective implementation in a complex scenario of future.

Risarcimento da inadempimento di direttiva comunitaria e dies a quo della prescrizione

Fri, 15 Mar 2012 8:00:00 GMT

Giulio Peroni
The article, commenting on a judgment of the Italian Supreme Court which deals with the long standing case of remuneration of doctors in training, aims, in the light of the EU Court of Justice decisions concerning the non-performance by the state for not implementing in the prescribed terms a non self-executing directive that recognizes individual rights, to underline the criteria defining the limitation periods of actions for damages brought by interested parties. The Supreme Court, in line with a previous decision, clarifies that the statute of limitations of such actions is ten years. It also states that the period of time starts from the adoption at national level of the transposing measures of the EU directive. In case this does not happen, the limitation period does not operate at all. However, the issue does not seem yet to have reached a final conclusion as a simultaneous decision by the Luxembourg Judges who intervened over the statute of limitations concerned seems to reopen the issue again.

Primato del diritto dell’Unione e responsabilità civile dei giudici nazionali

Fri, 15 Mar 2012 8:00:00 GMT

Valeria Piccone
The essay, moving from a methodological perspective addressed to point at the characterizing elements of the integration process, aims to offer, in the light of the innovations introduced by the Lisbon Treaty and taking into account the European Court of Justice case law, a systematic approach to the civil liability of the national judges in the framework of the principle of primacy of the Union’s law, looked at in connection with the duty of adaptation of the national system to the EU law.

Eugenio Colorni: dalla lotta per la libertà al manifesto di Ventotene

Fri, 15 Mar 2012 8:00:00 GMT

Fabio Zucca

Nuove forme di servitù nelle società post-moderne: considerazioni a margine del Rapporto 2011 dell’Agenzia europea per i diritti fondamentali sulla condizione del migrante irregolare impiegato nei lavori domestici

Fri, 15 Mar 2012 8:00:00 GMT

Giuseppina Passarelli

CEPOL, Accademia Europea di Polizia

Fri, 15 Mar 2012 8:00:00 GMT

Filippo Bertolami

L’autonomia ‘di qualità’: i nuovi Statuti e i "loro"diritti. Le esperienze di Spagna e Italia

Fri, 15 Mar 2012 8:00:00 GMT

Elda Serra

Recensioni

Fri, 15 Mar 2012 8:00:00 GMT

A cura di Teresa Pullano

Indice degli autori

Fri, 15 Mar 2012 8:00:00 GMT