Collection Items
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ArticleItaly: Measures to Address Seismic Risks Approved On June 30, 2024, Decree-Law No. 91 of July 2, 2024 (D.L. No. 91), which approves urgent measures for the prevention of risks resulting from the seismic phenomena that occurred in areas of southern Italy in May 2024, entered into effect. Background Bradyseism is “a ground deformation involving slow lowering (subsidence) phases alternating with more rapid uplift … Continue reading “Italy: Measures to Address…
- Contributor: Figueroa, Dante
- Date: 2024-10-02
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ArticleItaly: Constitutional Court Holds Law Regulating Family Businesses Must Protect De Facto Cohabitants On July 4, 2024, Italy’s Constitutional Court declared unconstitutional two articles of the Civil Code regulating family businesses to the extent they failed to protect de facto cohabitants to the same extent as other family members. (Decision No. 148 of July 4, 2024 (in Italian).)Constitutional QuestionItalian law defines “de facto cohabitants” as two adults united in … Continue reading “Italy: Constitutional Court Holds Law…
- Contributor: Figueroa, Dante
- Date: 2024-09-15
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ArticleItaly: Limit on Licenses for Car Rental Services with Drivers Declared Unconstitutional On July 19, 2024, Italy’s Constitutional Court issued Decision No. 137 of July 3, 2024 (in Italian), declaring unconstitutional a law that froze the issuance of new licenses for chauffeured car services until a national computerized register is fully operational.Constitutional QuestionThe Constitutional Court was asked to declare the constitutional illegitimacy of article 1 of Law No. … Continue reading “Italy: Limit on Licenses for…
- Contributor: Figueroa, Dante
- Date: 2024-08-29
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ArticleItaly: Limit on Benefits for Survivors of Organized Crime Victims Declared Unconstitutional On July 4, 2024, Italy’s Constitutional Court declared unconstitutional a legal provision that limited the pool of eligible persons who may receive benefits as survivors of victims of organized crime. (Decision No. 122 of May 21, 2024 (in Italian).)BackgroundLaw No. 302 of 1990 contains provisions establishing compensation to the victims of terrorism and organized crime, namely … Continue reading “Italy: Limit on Benefits for…
- Contributor: Figueroa, Dante
- Date: 2024-08-20
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ArticleItaly: Law to Prevent Bullying and Cyberbullying Enacted On June 14, 2024, Law No. 70 of May 17, 2024 (Law No. 70), on the prevention and fight against bullying and cyberbullying, entered into effect in Italy.The law is aimed at preventing all forms of bullying and cyberbullying, with particular focus on minors as both victims and perpetrators. (Law No. 70, art. 1(1)(a)(1), substituting art. … Continue reading “Italy: Law to Prevent Bullying…
- Contributor: Figueroa, Dante
- Date: 2024-07-14
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ArticleItaly: Legislation Enacted to Simplify Building and Urban Planning Regulations On May 30, 2024, Decree-Law No. 69 of May 29, 2024, enacted to simplify Italy’s building and urban planning regulations, entered into effect.Some of the important provisions of this legislation are described below.Prevention of Irregular Construction in Public PlacesThe new legislation addresses the construction of irregular installations in public places. (D.L. No. 69, art. 1(a)(2), adding … Continue reading “Italy: Legislation Enacted to Simplify…
- Contributor: Figueroa, Dante
- Date: 2024-07-07
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ArticleItaly: Constitutional Court Declares Child Pornography Sentencing Provision Unconstitutional On April 16, 2024, Italy’s Constitutional Court declared unconstitutional a provision of the Italian Criminal Code that imposed strict penalties for the crime of child pornography without allowing consideration of certain mitigating circumstances to reduce the penalties. (Decision No. 91 of April 16, 2024 (in Italian).)Underlying CaseThe Constitutional Court evaluated the constitutional legitimacy of article 600-ter, … Continue reading “Italy: Constitutional Court Declares Child…
- Contributor: Figueroa, Dante
- Date: 2024-06-23
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ArticleItaly: Implementation of EU Legislation on Audiovisual Media Services On April 28, 2024, Legislative Decree No. 50 of March 25, 2024 (L.D. No. 50), implementing European Union (EU) legislation on audiovisual media services, entered into effect in Italy.L.D. No. 50 implements EU Directive 2018/1808 on audiovisual media services, which amended a 2010 directive on this topic, Directive 2010/13/EU. The following summarizes some of the important … Continue reading “Italy: Implementation of EU Legislation…
- Contributor: Figueroa, Dante
- Date: 2024-06-06
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ArticleItaly: Implementation of EU Legislation on Electronic Communications On April 28, 2024, Legislative Decree No. 48 of March 24, 2024, implementing European Union (EU) legislation on electronic communications, entered into effect in Italy.Background Legislative Decree No. 48 of 2024 (L.D. No. 48) implements Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, Establishing the European Electronic Communications Code … Continue reading “Italy: Implementation of EU Legislation…
- Contributor: Figueroa, Dante
- Date: 2024-05-30
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ArticleItaly: Constitutional Court Declares the Automatic Revocation of a Driver’s License and Seizure of a Vehicle Unconstitutional On March 28, 2024, Italy’s Constitutional Court declared a provision of the New Highway Code unconstitutional because it provided for mandatory judicial revocation of a driver’s license and the vehicle’s seizure in certain cases. (Decision No. 52 of March 28, 2024 (in Italian).)Underlying CaseThe Constitutional Court declared the constitutional illegitimacy of article 214, paragraph 8 of … Continue reading “Italy: Constitutional Court Declares the…
- Contributor: Figueroa, Dante
- Date: 2024-05-08
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ArticleItaly: Constitutional Court Declares Legal Provision Limiting Intimate Meetings with Inmates Unconstitutional On December 6, 2023, Italy’s Constitutional Court declared unconstitutional article 18 of Law No. 354 of July 26, 1975, Rules on the Penitentiary System and the Execution of Measures Depriving and Limiting Freedom (the challenged provision), for not allowing private intimate meetings between inmates and their nondetained cohabitants. (Decision No. 10 of December 6, 2023 (in … Continue reading “Italy: Constitutional Court Declares Legal…
- Contributor: Figueroa, Dante
- Date: 2024-04-11
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ArticleItaly: Measures for Rescuing Giant Steel Company and for Extraordinary Administration of Strategic Companies Enter into Effect On January 19, 2024, Decree-Law No. 4 of January 18, 2024 (D.L. No. 4), containing urgent provisions for the financial rescue of a giant Italian steel company and for the extraordinary administration of strategic companies, entered into effect in Italy.Background to the MeasuresIncreases in energy prices and a drop in rolled-steel coil prices have long caused … Continue reading “Italy: Measures for Rescuing Giant…
- Contributor: Figueroa, Dante
- Date: 2024-03-24
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ArticleItaly: Constitutional Court Declares Civil Procedure Code Provision on Availability of Alternative Dispute Resolution Mechanism for Credit Collection Unconstitutional On November 8, 2023, Italy’s Constitutional Court declared unconstitutional a provision of the Italian Civil Procedure Code (C.P.C.) concerning the availability of the “technical consultation mechanism” as an alternative resolution method for cases arising from credits other than contractual violations or torts. (Decision No. 222 of November 8, 2023 (in Italian).)Underlying CaseIn the underlying case, the … Continue reading “Italy: Constitutional Court Declares Civil…
- Contributor: Figueroa, Dante
- Date: 2024-02-13
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ArticleItaly: New Energy Incentives Enter into Force On December 10, 2023, Legislative Decree No. 181 of December 9, 2023 (L.D. No. 181), approving measures on energy security, the promotion of renewable energy sources, and support for energy-intensive businesses and reconstruction in territories affected by floods, entered into effect in Italy.L.D. No. 181 contains measures to promote the self-production of renewable energy in energy-intensive … Continue reading “Italy: New Energy Incentives Enter…
- Contributor: Figueroa, Dante
- Date: 2024-02-06
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ArticleItaly: Mandatory Civil Liability Insurance for Motor Vehicles Expanded On December 28, 2023, Legislative Decree (L.D.) No. 184 of November 22, 2023, implementing European Union (EU) legislation requiring expanded mandatory civil liability insurance for motor vehicles entered into effect in Italy.The new law sets forth the rules necessary to adapt the Italian legal system to the provisions of Directive (EU) 2021/2118 of the European Parliament … Continue reading “Italy: Mandatory Civil Liability Insurance…
- Contributor: Figueroa, Dante
- Date: 2024-01-28
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ArticleUnited Kingdom: Treaty Signed with Italy and Japan Establishing Global Combat Air Program On December 14, 2023, the United Kingdom (U.K.), Italy, and Japan signed a treaty establishing a global combat air program (GCAP) international government organization. The GCAP intends to design and develop a stealth fighter with supersonic capability and state-of-the-art technology, including a radar that provides 10,000 times more data than is available with current systems, … Continue reading “United Kingdom: Treaty Signed with Italy…
- Contributor: Feikert-Ahalt, Clare
- Date: 2024-01-25
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ArticleItaly: Criminal Code Provision Concerning Mitigating Circumstances Related to Accused’s Mental State Declared Unconstitutional On December 11, 2023, Italy’s Constitutional Court declared unconstitutional a provision of the Italian Criminal Code concerning the application of a mitigating circumstance related to the accused’s diminished state of mind. (Decision No. 217 of November 22, 2023 (in Italian).)Underlying CaseRuling on a request initiated by the Ordinary Court of Turin (referring court) in 2022, the … Continue reading “Italy: Criminal Code Provision Concerning…
- Contributor: Figueroa, Dante
- Date: 2024-01-21
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ArticleItaly: EU Legislation on Criminal Justice Cooperation (Eurojust) Implemented On December 24, 2023, Legislative Decree No. 182 of November 23, 2023 entered into effect in Italy. The legislative decree contains the rules necessary to adapt the Italian legal system to the provisions of Regulation (EU) 2018/1727 of the European Parliament and of the Council of November 14, 2018, establishing the European Union Agency for Criminal … Continue reading “Italy: EU Legislation on Criminal…
- Contributor: Figueroa, Dante
- Date: 2024-01-17
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ArticleItaly: Law on Immigration and International Protection Enters into Effect On October 10, 2023, Decree-Law No. 133, concerning immigration and international protection, and support for Ministry of Interior security operations entered into effect in Italy.Expulsions for Public Security ReasonsDecree-Law No. 133 provides that the authorities may expel long-term European Union (EU) residence permit holders from the national territory for serious reasons of public order or state … Continue reading “Italy: Law on Immigration and…
- Contributor: Figueroa, Dante
- Date: 2024-01-15
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ArticleItaly: New Law on Protection of Youth Enters into Effect On September 15, 2023, Decree-Law No. 123 of September 15, 2023, later converted into law through Law No. 159 of November 13, 2023, Containing Measures to Combat Youth Destitution, Educational Poverty and Crime, and [Promote] the Safety of Minors in the Digital Environment entered into effect in Italy.Measures Concerning the Participation of Minors in CrimesDetermining Legal … Continue reading “Italy: New Law on Protection…
- Contributor: Figueroa, Dante
- Date: 2024-01-08
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ArticleItaly: New Law to Combat Violence Against Women and Domestic Violence Enters into Effect On December 12, 2023, Law No. 168 of November 24, 2023, Provisions for Combating Violence Against Women and Domestic Violence, entered into effect in Italy.Broadening the Definition of Unlawful Conduct Related to Domestic ViolenceLaw No. 168 adds the circumstance of the crime being committed “in the presence of minors” to the concept of “nonepisodic acts of … Continue reading “Italy: New Law to Combat…
- Contributor: Figueroa, Dante
- Date: 2023-12-27
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ArticleItaly: Constitutional Court Declares Criminal Procedure Code Provision on Suspension of Criminal Proceedings Against an Absent Person Unconstitutional On September 27, 2023, Italy’s Constitutional Court declared unconstitutional a provision of the Italian Criminal Procedure Code concerning the continuation of criminal prosecution of an absent person accused of committing acts of torture. (Decision No. 192 of September 27, 2023 (in Italian).) The decision was published in Italy’s Official Gazette on October 26, 2023.Underlying CaseThe Constitutional … Continue reading “Italy: Constitutional Court Declares Criminal…
- Contributor: Figueroa, Dante
- Date: 2023-12-18
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ArticleItaly: New Law Introduces Crimes of Nautical Homicide and Nautical Personal Injury On October 25, 2023, Law No. 138 of September 26, 2023, Introducing the Crimes of Nautical Homicide and Nautical Personal Injury, entered into effect in Italy.General ContextDuring recent years, Italy has seen a sharp spike in nautical-related collisions and stranding of vessels. A Genoa-based consulting company specializing in pleasure and commercial boating has reported that in … Continue reading “Italy: New Law Introduces Crimes…
- Contributor: Figueroa, Dante
- Date: 2023-11-16
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ArticleEgypt: President Pardons Researcher after State Security Court Sentences Him to Imprisonment for Detailing Religious Discrimination On July 19, 2023, Egypt’s Presidential Pardon Committee announced that President Abdel Fattah el-Sisi had issued a pardon to Patrick George Zaki, an Egyptian graduate student at Italy’s University of Bologna, one day after the Mansoura Emergency State Security Court had sentenced him to imprisonment for “broadcasting false news about the internal conditions of the country … Continue reading “Egypt: President Pardons Researcher after…
- Contributor: Sadek, George
- Date: 2023-07-20
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ArticleItaly: Constitutional Court Issues Decision on Renewal of Residence Permits for Foreigners Convicted of Certain Crimes On May 9, 2023, the Constitutional Court of Italy issued Decision No. 88, declaring that certain provisions under which foreigners convicted of certain crimes (or whose convictions are pending appellate review) were automatically prohibited from receiving residence permits allowing them to work were unconstitutional because the provisions failed to direct the competent authority to verify, on a … Continue reading “Italy: Constitutional Court Issues…
- Contributor: Figueroa, Dante
- Date: 2023-07-09