Vocabolario dinamico dell'Italiano Moderno

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 The  paper exsamines the evolution of the digital information
paper exsamines  the  evolution of the digital information system in use in the
paper exsamines the evolution of  the  digital information system in use in the Civil domain in
the evolution of the digital information system in use in  the  Civil domain in the Italian Courts, and analyses the impact
digital information system in use in the Civil domain in  the  Italian Courts, and analyses the impact of the process of
use in the Civil domain in the Italian Courts, and analyses  the  impact of the process of "districtualisation" the system is
domain in the Italian Courts, and analyses the impact of  the  process of "districtualisation" the system is currently
analyses the impact of the process of "districtualisation"  the  system is currently experiencing. In the first section of
the system is currently experiencing. In  the  first section of the paper, the current situation is
system is currently experiencing. In the first section of  the  paper, the current situation is described; then the
currently experiencing. In the first section of the paper,  the  current situation is described; then the proposed web-based
of the paper, the current situation is described; then  the  proposed web-based architecture of the system is described
is described; then the proposed web-based architecture of  the  system is described from the technical point of view. The
web-based architecture of the system is described from  the  technical point of view. The third and last section of the
the system is described from the technical point of view.  The  third and last section of the article examines and
the technical point of view. The third and last section of  the  article examines and discusses the expected impact of the
and last section of the article examines and discusses  the  expected impact of the described innovation, highlighting
the article examines and discusses the expected impact of  the  described innovation, highlighting both the advantages and
impact of the described innovation, highlighting both  the  advantages and the challenges posed by the innovation
described innovation, highlighting both the advantages and  the  challenges posed by the innovation process.
both the advantages and the challenges posed by  the  innovation process.
article deals with  the  tax treatment of dividends distributed by a German
subsidiary to its Italian corporate parent company in  the  light of article 24 of the double tax treaty currently in
corporate parent company in the light of article 24 of  the  double tax treaty currently in force between Italy and
between Italy and Germany. In particular, it is under exam  the  possibility to apply, to such dividends, simultaneously i)
possibility to apply, to such dividends, simultaneously i)  the  German rules implementing the "parent-subsidiary" directive
dividends, simultaneously i) the German rules implementing  the  "parent-subsidiary" directive 90/435/CEE of 23 July 1990
directive 90/435/CEE of 23 July 1990 and ii)  the  mentioned article 24 of the treaty. This, resulting in the
of 23 July 1990 and ii) the mentioned article 24 of  the  treaty. This, resulting in the non application of any
the mentioned article 24 of the treaty. This, resulting in  the  non application of any withholding tax in Germany and in
non application of any withholding tax in Germany and in  the  total exemption in Italy, with the final goal to verify, in
tax in Germany and in the total exemption in Italy, with  the  final goal to verify, in the case under exam, the
total exemption in Italy, with the final goal to verify, in  the  case under exam, the elimination of both juridical and
with the final goal to verify, in the case under exam,  the  elimination of both juridical and economic international
both juridical and economic international double taxation.  The  analysis starts describing two possible theses which could
starts describing two possible theses which could challenge  the  total exemption in Italy of the dividends distribuited by
which could challenge the total exemption in Italy of  the  dividends distribuited by the German subsidiary: a) the
total exemption in Italy of the dividends distribuited by  the  German subsidiary: a) the Italian tax authorities have
of the dividends distribuited by the German subsidiary: a)  the  Italian tax authorities have already stated that the
a) the Italian tax authorities have already stated that  the  simultaneous application of the rules implementing the
have already stated that the simultaneous application of  the  rules implementing the "parent-subsidiary" directive and
that the simultaneous application of the rules implementing  the  "parent-subsidiary" directive and the double taxation
rules implementing the "parent-subsidiary" directive and  the  double taxation conventions is not allowed; b) double
not allowed; b) double taxation conventions deal only with  the  juridical double taxation, so that they cannot be applied
double taxation, so that they cannot be applied where  the  juridical double taxation is already eliminated in the
the juridical double taxation is already eliminated in  the  State of source. The authors oppose the first thesis by an
taxation is already eliminated in the State of source.  The  authors oppose the first thesis by an analysis of the
eliminated in the State of source. The authors oppose  the  first thesis by an analysis of the rulings whereby the
The authors oppose the first thesis by an analysis of  the  rulings whereby the Italian authorities denied the
the first thesis by an analysis of the rulings whereby  the  Italian authorities denied the simultaneous application of
of the rulings whereby the Italian authorities denied  the  simultaneous application of the rules implementing the
Italian authorities denied the simultaneous application of  the  rules implementing the "parentsubsidiary" directive and the
the simultaneous application of the rules implementing  the  "parentsubsidiary" directive and the conventions, showing
the rules implementing the "parentsubsidiary" directive and  the  conventions, showing that such rulings dealt with
rulings dealt with situations significantly different from  the  case under exam. Then, as regards the second thesis, the
different from the case under exam. Then, as regards  the  second thesis, the attention is focused on the OECD Model
the case under exam. Then, as regards the second thesis,  the  attention is focused on the OECD Model Convention and on
as regards the second thesis, the attention is focused on  the  OECD Model Convention and on the related Commentary with
attention is focused on the OECD Model Convention and on  the  related Commentary with the aim to demonstrate that, even
OECD Model Convention and on the related Commentary with  the  aim to demonstrate that, even if in principle the
with the aim to demonstrate that, even if in principle  the  conventions deal with the juridical double taxation, the
that, even if in principle the conventions deal with  the  juridical double taxation, the State of residence may
the conventions deal with the juridical double taxation,  the  State of residence may decide, being entitled to do so, to
insert in a convention a provision addressed to avoid also  the  economic double taxation on dividends, by granting an
or not foreign subsidiary's distribution has been taxed in  the  State of source. Finally, it is noted tbat tbe aim of the
the State of source. Finally, it is noted tbat tbe aim of  the  two provisions under exam is different. The aim of the
tbat tbe aim of the two provisions under exam is different.  The  aim of the German rules allowing no withholding tax on the
of the two provisions under exam is different. The aim of  the  German rules allowing no withholding tax on the
The aim of the German rules allowing no withholding tax on  the  distribution of dividends to the Italian parent company is
no withholding tax on the distribution of dividends to  the  Italian parent company is to prevent the juridical double
of dividends to the Italian parent company is to prevent  the  juridical double taxation; on the contrary, the aim of the
company is to prevent the juridical double taxation; on  the  contrary, the aim of the treaty provision granting the
to prevent the juridical double taxation; on the contrary,  the  aim of the treaty provision granting the total exemption of
the juridical double taxation; on the contrary, the aim of  the  treaty provision granting the total exemption of dividends
on the contrary, the aim of the treaty provision granting  the  total exemption of dividends in the hands of the Italian
provision granting the total exemption of dividends in  the  hands of the Italian parent company is to avoid the
granting the total exemption of dividends in the hands of  the  Italian parent company is to avoid the economic double
in the hands of the Italian parent company is to avoid  the  economic double taxation. In the light of the above, the
parent company is to avoid the economic double taxation. In  the  light of the above, the authors conclude that there are no
is to avoid the economic double taxation. In the light of  the  above, the authors conclude that there are no reason to
the economic double taxation. In the light of the above,  the  authors conclude that there are no reason to deny the
the authors conclude that there are no reason to deny  the  simultaneous application of the German rules implementing
there are no reason to deny the simultaneous application of  the  German rules implementing the "parent-subsidiary" directive
simultaneous application of the German rules implementing  the  "parent-subsidiary" directive and of article 24 of the
the "parent-subsidiary" directive and of article 24 of  the  Italy-Germany double tax treaty, thus verifying the lawful
24 of the Italy-Germany double tax treaty, thus verifying  the  lawful combination between the no German withholding
tax treaty, thus verifying the lawful combination between  the  no German withholding taxation and the total Italian
combination between the no German withholding taxation and  the  total Italian exemption.
organizational issues have gained increasing attention by  the  "Consiglio Supremo della Magistratura", the governing body
attention by the "Consiglio Supremo della Magistratura",  the  governing body of the Italian Magistrates. Based on an
Supremo della Magistratura", the governing body of  the  Italian Magistrates. Based on an in-depth analysis of the
the Italian Magistrates. Based on an in-depth analysis of  the  "Circolari di formazione delle tabelle" written by the
of the "Circolari di formazione delle tabelle" written by  the  "Consiglio" after 2000, the A. proposes in this article a
delle tabelle" written by the "Consiglio" after 2000,  the  A. proposes in this article a detailed description of the
the A. proposes in this article a detailed description of  the  evolution undergone by the organizational sensibility of
a detailed description of the evolution undergone by  the  organizational sensibility of the "Consiglio" in the past
evolution undergone by the organizational sensibility of  the  "Consiglio" in the past years. On the one hand, it is
by the organizational sensibility of the "Consiglio" in  the  past years. On the one hand, it is maintained, the
sensibility of the "Consiglio" in the past years. On  the  one hand, it is maintained, the Consiglio is progressively
in the past years. On the one hand, it is maintained,  the  Consiglio is progressively developed a better understanding
developed a better understanding and awareness about  the  relevance of the organizational issues for the proper
a better understanding and awareness about the relevance of  the  organizational issues for the proper functioning of the
about the relevance of the organizational issues for  the  proper functioning of the Judicial. On the other, however,
of the organizational issues for the proper functioning of  the  Judicial. On the other, however, the lack of concrete
issues for the proper functioning of the Judicial. On  the  other, however, the lack of concrete measures aimed at
proper functioning of the Judicial. On the other, however,  the  lack of concrete measures aimed at supporting Court
of concrete measures aimed at supporting Court Managers in  the  achievement of the organizational goals stated in the
aimed at supporting Court Managers in the achievement of  the  organizational goals stated in the "Circolari" risks to
in the achievement of the organizational goals stated in  the  "Circolari" risks to hinder (if not altogether stop) the
in the "Circolari" risks to hinder (if not altogether stop)  the  process of organizational change.
 The  Kosovo experience has been a positive one, especially form
Kosovo experience has been a positive one, especially form  the  stand point of the protection of the Albanian minority from
has been a positive one, especially form the stand point of  the  protection of the Albanian minority from the onslaught of
one, especially form the stand point of the protection of  the  Albanian minority from the onslaught of the Serbian
stand point of the protection of the Albanian minority from  the  onslaught of the Serbian para-military forces.
protection of the Albanian minority from the onslaught of  the  Serbian para-military forces. Unfortunately, the period
of the Serbian para-military forces. Unfortunately,  the  period following the armed intervention of the
para-military forces. Unfortunately, the period following  the  armed intervention of the international community is not
the period following the armed intervention of  the  international community is not such as to allow a similar
not such as to allow a similar favorable judment. In fact,  the  situation is now the reverse of the past one, in the sense
a similar favorable judment. In fact, the situation is now  the  reverse of the past one, in the sense that the most
judment. In fact, the situation is now the reverse of  the  past one, in the sense that the most suffering minority now
fact, the situation is now the reverse of the past one, in  the  sense that the most suffering minority now seems to be the
is now the reverse of the past one, in the sense that  the  most suffering minority now seems to be the Serbian.
the sense that the most suffering minority now seems to be  the  Serbian. Abeille gives us a complete picture of the
to be the Serbian. Abeille gives us a complete picture of  the  situation, including a detailed description of the forces
of the situation, including a detailed description of  the  forces and institution designed to restore the normality
of the forces and institution designed to restore  the  normality within this harassed area of Europe.
 The  text tackles the following themes: the schift of
text tackles  the  following themes: the schift of constitutional
text tackles the following themes:  the  schift of constitutional jurisprudence as regards laws by
as regards laws by decree ad doctrinal reactions;  the  resort to orders in council in recent republican
to orders in council in recent republican experience;  the  thesis of the unconstitutionality of law n. 225 of 1992;
in council in recent republican experience; the thesis of  the  unconstitutionality of law n. 225 of 1992; the thesis that
thesis of the unconstitutionality of law n. 225 of 1992;  the  thesis that posits violations of legality on the plane of
of 1992; the thesis that posits violations of legality on  the  plane of the implementation praxis of law; the thesis that
thesis that posits violations of legality on the plane of  the  implementation praxis of law; the thesis that depicts the
legality on the plane of the implementation praxis of law;  the  thesis that depicts the power of order in council as a
the implementation praxis of law; the thesis that depicts  the  power of order in council as a continuation of ordinary
council as a continuation of ordinary administrative power;  the  thesis that views such power as a direct porsuit of
power as a direct porsuit of constitutional principles;  the  abnoormal recourse to laws by decree and orders in council
recourse to laws by decree and orders in council and  the  extent to wich one can speak of a parallel system;
parallel system; concerning certain recurring feautures in  the  Italian experience
paper aims at analysing  the  American comparative lawyers' perspective whit regards to
American comparative lawyers' perspective whit regards to  the  first steps of European integration. Between the 1950s and
regards to the first steps of European integration. Between  the  1950s and 1970s, a substantial debate concerning the
the 1950s and 1970s, a substantial debate concerning  the  "strategies" of legal/political integration, used by the
the "strategies" of legal/political integration, used by  the  European political actors, arose in several comparative
During those years many authors from both sides of  the  Atlantic compared their perspectives, considering the
of the Atlantic compared their perspectives, considering  the  comparability between American and European integration.
comparability between American and European integration.  The  general influence of the American power on the rise of the
American and European integration. The general influence of  the  American power on the rise of the European Communities was
integration. The general influence of the American power on  the  rise of the European Communities was deeply studied by
The general influence of the American power on the rise of  the  European Communities was deeply studied by scholars: the
of the European Communities was deeply studied by scholars:  the  well-know essay by G. Lundestad, Empire by Integration, for
Lundestad, Empire by Integration, for example, demonstrates  the  great length and breadth of the studies in this field.
for example, demonstrates the great length and breadth of  the  studies in this field. Nevertheless these analyses do not
Nevertheless these analyses do not exhaustively cover  the  influence of the "American ideas" on the destiny of
these analyses do not exhaustively cover the influence of  the  "American ideas" on the destiny of integration. In this
exhaustively cover the influence of the "American ideas" on  the  destiny of integration. In this paper I would like to
of integration. In this paper I would like to analyse  the  earliest articles written by American scholars, such as P.
E. Stein, in order to identify their possible influence on  the  activity of the following "actors": the Eoropean Court of
to identify their possible influence on the activity of  the  following "actors": the Eoropean Court of Justice (ECJ),
influence on the activity of the following "actors":  the  Eoropean Court of Justice (ECJ), the European Federalist
following "actors": the Eoropean Court of Justice (ECJ),  the  European Federalist Movement and, finally, scholars in the
the European Federalist Movement and, finally, scholars in  the  field of European legal studies.
article analyses, under a legal and economic point of view,  the  recent developments in the public transport sector in Italy
and economic point of view, the recent developments in  the  public transport sector in Italy after the reform of local
developments in the public transport sector in Italy after  the  reform of local public services. The process of
sector in Italy after the reform of local public services.  The  process of liberalization of the sector has been put at
of local public services. The process of liberalization of  the  sector has been put at risk by the possibility for the
of liberalization of the sector has been put at risk by  the  possibility for the service to be in-house provided of
of the sector has been put at risk by the possibility for  the  service to be in-house provided of public tendered. After a
provided of public tendered. After a brief introduction on  the  economic rationale behind the option of competition for the
After a brief introduction on the economic rationale behind  the  option of competition for the market in the public
the economic rationale behind the option of competition for  the  market in the public transport service, the article
behind the option of competition for the market in  the  public transport service, the article provides an overview
competition for the market in the public transport service,  the  article provides an overview on the complex legal
transport service, the article provides an overview on  the  complex legal framework, which regulates the sector at the
an overview on the complex legal framework, which regulates  the  sector at the moment, in order to estimate its
the complex legal framework, which regulates the sector at  the  moment, in order to estimate its pro-competitive
effectiveness. Then, some call for tenders are analysed in  the  way they are planned by local governments in the light of
in the way they are planned by local governments in  the  light of the economic literature and of the Italian
way they are planned by local governments in the light of  the  economic literature and of the Italian Antitrust Authority
governments in the light of the economic literature and of  the  Italian Antitrust Authority guidelines. Thinking of the
of the Italian Antitrust Authority guidelines. Thinking of  the  first negative experiences, public tenders seem, to be
too many obligations to be observed which do not allow  the  competitive mechanism to work effectively.
this paper will be examined  the  paradox of implementation of the competitive stimulus and
paper will be examined the paradox of implementation of  the  competitive stimulus and the maximum valorization of
paradox of implementation of the competitive stimulus and  the  maximum valorization of economic freedom in the context of
and the maximum valorization of economic freedom in  the  context of the economic crisis and the need to reduce
maximum valorization of economic freedom in the context of  the  economic crisis and the need to reduce public spending in
economic freedom in the context of the economic crisis and  the  need to reduce public spending in order to maintain a
spending in order to maintain a balanced budget, through  the  Stability and Growth Pact. It will be highlighted through
Stability and Growth Pact. It will be highlighted through  the  reading of some important recent rulings of the Italian
through the reading of some important recent rulings of  the  Italian Constitutional Court.
essay concerns  the  negative integration as European tax harmonization policy
integration as European tax harmonization policy in  the  field of direct taxes. The Author highlights how a negative
tax harmonization policy in the field of direct taxes.  The  Author highlights how a negative integration, simply
because of their discriminatory or restrictive effect on  the  functioning of the common market, emphasises the role of
discriminatory or restrictive effect on the functioning of  the  common market, emphasises the role of the market in the
effect on the functioning of the common market, emphasises  the  role of the market in the European tax policies. The Author
functioning of the common market, emphasises the role of  the  market in the European tax policies. The Author also points
of the common market, emphasises the role of the market in  the  European tax policies. The Author also points out that an
the role of the market in the European tax policies.  The  Author also points out that an European policy focused only
on neutrality distortions forgets that direct taxes, in  the  consitutional structure of the EU Member States, are a very
that direct taxes, in the consitutional structure of  the  EU Member States, are a very important instruments of
 The  article provides an analytical assessment of the case law
article provides an analytical assessment of  the  case law of the judicial institutions of the European Union
provides an analytical assessment of the case law of  the  judicial institutions of the European Union on targeted
assessment of the case law of the judicial institutions of  the  European Union on targeted sanctions, focusing in
Union on targeted sanctions, focusing in particular on  the  due process rights aspects of the judgments issued by the
focusing in particular on the due process rights aspects of  the  judgments issued by the General court and the Court of
the due process rights aspects of the judgments issued by  the  General court and the Court of Justice so far. European
aspects of the judgments issued by the General court and  the  Court of Justice so far. European judges resolutely affirm
competence to review acts establishing sanctions - both  the  EU autonomous ones and those implementing the Security
- both the EU autonomous ones and those implementing  the  Security Council's Consolidated List - from the point of
the Security Council's Consolidated List - from  the  point of view of their conformity with the legal order of
List - from the point of view of their conformity with  the  legal order of the European Union and specifically with the
point of view of their conformity with the legal order of  the  European Union and specifically with the fundamental rights
the legal order of the European Union and specifically with  the  fundamental rights protected by it. They have repeatedly
rights protected by it. They have repeatedly found that  the  procedure leading to the application of targeted sanctions
They have repeatedly found that the procedure leading to  the  application of targeted sanctions lacks procedural
lacks procedural fairness, inasmuch as it neglects  the  rights of targeted persons, groups and entities to defence
among them are those concerning access to evidence,  the  legal nature of the restrictive measures under discussion
those concerning access to evidence, the legal nature of  the  restrictive measures under discussion and the legal
nature of the restrictive measures under discussion and  the  legal relation, under the Charter of the United Nations,
measures under discussion and the legal relation, under  the  Charter of the United Nations, between the obligations to
discussion and the legal relation, under the Charter of  the  United Nations, between the obligations to implement
relation, under the Charter of the United Nations, between  the  obligations to implement Security Council Chapter VII
resolution and to respect fundamental rights and liberties.  The  first directly affects the rights to defence and to
rights and liberties. The first directly affects  the  rights to defence and to effective judicial remedy and
by States, and disclosure, advocated by targets; as  the  second, uncertainties on the legal nature of the
advocated by targets; as the second, uncertainties on  the  legal nature of the restrictive measures under discussion
as the second, uncertainties on the legal nature of  the  restrictive measures under discussion affect the correct
nature of the restrictive measures under discussion affect  the  correct determination of the safeguards to be afforded to
under discussion affect the correct determination of  the  safeguards to be afforded to targets under (national and)
to targets under (national and) international law. As to  the  third, the article criticizes the common view according to
under (national and) international law. As to the third,  the  article criticizes the common view according to which,
international law. As to the third, the article criticizes  the  common view according to which, under art. 103 UN Charter,
common view according to which, under art. 103 UN Charter,  the  obligation to implement Security Council Chapter VII
VII resolutions on targeted sanctions has priority over  the  human rights obligations of UN Member States towards
groups or entities. It argues that Member States of  the  United Nations have equally reinforced obligations to
that, in a significant shift from its previous case-law,  the  recent judgment of the European Court of human rights in
shift from its previous case-law, the recent judgment of  the  European Court of human rights in the Al-Jedda case goes in
recent judgment of the European Court of human rights in  the  Al-Jedda case goes in that direction. On this basis,
human rights agreements themselves, without sacrificing  the  equally imperative objective to fight international
1996 (first operatine year) to 2003  the  law 488/1992 has been financed more than 33,00 investiment
33,00 investiment plans for euro 63 billion, two thirds in  the  Mezzogiorno regions. The number of the new potential
for euro 63 billion, two thirds in the Mezzogiorno regions.  The  number of the new potential work-places has been valued at
two thirds in the Mezzogiorno regions. The number of  the  new potential work-places has been valued at 475, 000. In
work-places has been valued at 475, 000. In Sicily  the  investiments carried out with the law 488/1992 financial
at 475, 000. In Sicily the investiments carried out with  the  law 488/1992 financial support have accounted for, on
to employ more than 26,000 new workers up to 2003.  The  law 448/1992 has represented a breaking point in the state
2003. The law 448/1992 has represented a breaking point in  the  state intervention model for the development of the South
a breaking point in the state intervention model for  the  development of the South of Italy. Before 1992, the public
in the state intervention model for the development of  the  South of Italy. Before 1992, the public intervention was
for the development of the South of Italy. Before 1992,  the  public intervention was based on extraordinary measures,
on extraordinary measures, often ineffective in supporting  the  development. On the contrary, the law 488/1992 set up a new
often ineffective in supporting the development. On  the  contrary, the law 488/1992 set up a new model based on
ineffective in supporting the development. On the contrary,  the  law 488/1992 set up a new model based on ordinary measures
three basic principles: i) selectivity for choosing  the  investiment projects to be financed; ii) certainty in the
the investiment projects to be financed; ii) certainty in  the  timing of the financial support; iii) monitoring of the
projects to be financed; ii) certainty in the timing of  the  financial support; iii) monitoring of the investiments (and
in the timing of the financial support; iii) monitoring of  the  investiments (and revocation system).
complementing  the  EMU with the necessary rules mandating budget discipline at
complementing the EMU with  the  necessary rules mandating budget discipline at domestic
rules mandating budget discipline at domestic level,  the  "fiscal compact" inevitably affects the autonomy both of
at domestic level, the "fiscal compact" inevitably affects  the  autonomy both of national parliaments and executive powers,
of national parliaments and executive powers, as well as  the  life of millions of European citizens. A culture of
is positive per se. Arguably, however, some provisions of  the  "fiscal compact" risk widening the democratic deficiency of
some provisions of the "fiscal compact" risk widening  the  democratic deficiency of the economic governance. Thus, the
"fiscal compact" risk widening the democratic deficiency of  the  economic governance. Thus, the legal analysis is carried
the democratic deficiency of the economic governance. Thus,  the  legal analysis is carried out with the main purpose of
governance. Thus, the legal analysis is carried out with  the  main purpose of assessing the coherence of the "fiscal
analysis is carried out with the main purpose of assessing  the  coherence of the "fiscal compact" with the principle of
out with the main purpose of assessing the coherence of  the  "fiscal compact" with the principle of democracy. As
of assessing the coherence of the "fiscal compact" with  the  principle of democracy. As tentatively showed, an issue of
showed, an issue of democratic legitimacy is indeed raised.  The  policy-making of the euro zone needs to be improved so as
legitimacy is indeed raised. The policy-making of  the  euro zone needs to be improved so as to rely less on
on its own direct source of democratic accountability -  the  European Parliament. Moreover, the paper addresses some
accountability - the European Parliament. Moreover,  the  paper addresses some issues raised by the choice of a "17
Moreover, the paper addresses some issues raised by  the  choice of a "17 plus" treaty stepping outside the EU legal
raised by the choice of a "17 plus" treaty stepping outside  the  EU legal framework, since a revision process under Art. 48
instrument poses some issues of inconsistencies with  the  law and principles of the EU, which were examined
issues of inconsistencies with the law and principles of  the  EU, which were examined throughout the paper, whilst
and principles of the EU, which were examined throughout  the  paper, whilst suggesting interpretative solutions.
 The  Nature and the Constitution of Trusts: the Scottish Law
Nature and  the  Constitution of Trusts: the Scottish Law Commission's
Nature and the Constitution of Trusts:  the  Scottish Law Commission's Proposals
Italy's R&D expenses as a percentage of GNP are among  the  lo west within the industrialized countries, the share
as a percentage of GNP are among the lo west within  the  industrialized countries, the share financed by the
are among the lo west within the industrialized countries,  the  share financed by the government is among the highest. Only
within the industrialized countries, the share financed by  the  government is among the highest. Only a little portion of
countries, the share financed by the government is among  the  highest. Only a little portion of public research results,
by patent licenses, is trasferred to Industry, while  the  Italian technology balance of payments is chronically
is chronically negative. This study esplores one of  the  possible causes of the poor technology transfer between
negative. This study esplores one of the possible causes of  the  poor technology transfer between public research
between public research institutions and Industry, namely  the  misalignment between technology supply and demand. A survey
between technology supply and demand. A survey of  the  leading public research scientist in four high-tech sectors
results seem to have immediate industrial applicability,  the  largest majority of respondents prefer to encode new
results have no Italian companies able to exploit them.  The  complementary two thirds do have them, according to the
The complementary two thirds do have them, according to  the  members of the research projects, which shows that the
two thirds do have them, according to the members of  the  research projects, which shows that the misalingnment
to the members of the research projects, which shows that  the  misalingnment between public supply and industrial demand
between public supply and industrial demand does not occur.  The  indications stemming from the investigation call for an
demand does not occur. The indications stemming from  the  investigation call for an immediate fine-tuning of the
from the investigation call for an immediate fine-tuning of  the  matching of research policy with industrial policy and a
closer attention to all those initiatives, which may foster  the  transfer of public research results to the domestic
which may foster the transfer of public research results to  the  domestic industry.
C. B. -  The  effect on the offspring of intoxicating the male parent and
C. B. - The effect on  the  offspring of intoxicating the male parent and the
C. B. - The effect on the offspring of intoxicating  the  male parent and the transmission of defects to subsequent
effect on the offspring of intoxicating the male parent and  the  transmission of defects to subsequent generations. A. N.,
tends toward elimination of weight, and increased speed,  the  cooking of the future must conform to the ends of
elimination of weight, and increased speed, the cooking of  the  future must conform to the ends of evolution. The first
increased speed, the cooking of the future must conform to  the  ends of evolution. The first step would
of the future must conform to the ends of evolution.  The  first step would
federal system of government is established by  the  Commonwealth Constitution which provides for a central
powers and six state governments with plenary powers. When  the  Constitution was originally drafted, the framers sought, in
powers. When the Constitution was originally drafted,  the  framers sought, in the provisions and structure of the
Constitution was originally drafted, the framers sought, in  the  provisions and structure of the Constitution, to retain the
the framers sought, in the provisions and structure of  the  Constitution, to retain the powers of the states as much as
the provisions and structure of the Constitution, to retain  the  powers of the states as much as possible. After Australia
and structure of the Constitution, to retain the powers of  the  states as much as possible. After Australia became a
as possible. After Australia became a federation in 1901,  the  High Court of Australia, in its early decisions, sought, in
High Court of Australia, in its early decisions, sought, in  the  method of constitutional interpretation they utilized
they utilized (originalism), to give effect to  the  framers' intention to protect the federal nature of the
to give effect to the framers' intention to protect  the  federal nature of the Constitution. However, in 1920 in
to the framers' intention to protect the federal nature of  the  Constitution. However, in 1920 in "Amalgamated Society of
of Engineers v Adelaide Steamship Co Ltd ('Engineers')",  the  High Court rejected this approach. Instead, the High Court
the High Court rejected this approach. Instead,  the  High Court advocated a method of constitutional
of Commonwealth powers, and which compromised  the  federal balance thereafter. This paper provides an overview
thereafter. This paper provides an overview and critique of  the  decision in Engineers, explaining its significance for
This paper concludes with some observations about  the  role of precedent in Australian constitutional
1997  the  National Association for Court Management (NACM) published
Management (NACM) published an extensive guide concerning  the  Core Competency Curriculum Guidelines for Presiding and
Judges, and Court Managers. Within such curriculum,  the  main competences and crucial knowledge Judges and Court
Court Managers ought to master were defined and described.  The  goal of the initiative was to provide Court Leaders and
ought to master were defined and described. The goal of  the  initiative was to provide Court Leaders and decision-makers
information about how to proficiently evaluate and improve  the  performances of their structures. The Core Competency
evaluate and improve the performances of their structures.  The  Core Competency Curriculum Guidelines is here translated
Guidelines is here translated into Italian. Aim of  the  tranlation is to provide new contributions in the ongoing
Aim of the tranlation is to provide new contributions in  the  ongoing debate about Court Management, the definition of
contributions in the ongoing debate about Court Management,  the  definition of shared professional standards and the
the definition of shared professional standards and  the  evaluation of Court performances.
social welfare. This outcome can be pursued only when  the  goal of private welfare does not cause harm to other
need a governance infrastructure suitable to restrict  the  individual moral hazard (such as laws, rules, social
as laws, rules, social norms). Public intervention is not  the  only tool to rule human interaction and to resist
to foster cooperation. Social norms emerging from  the  repeated interaction can give some help to publico failure.
some help to publico failure. Repeated interaction favours  the  origin and the diffusion of reputation and allows
failure. Repeated interaction favours the origin and  the  diffusion of reputation and allows punishment of not
and values (all these elements create social capital).  The  cooperation propension in not only fostered by altruism,
propension in not only fostered by altruism, but also by  the  willingness and human capacity to punish not cooperating
human capacity to punish not cooperating people. By sharing  the  same social capital the identity of a society is
not cooperating people. By sharing the same social capital  the  identity of a society is strengthened and consequently the
the identity of a society is strengthened and consequently  the  propension to cooperation increases. Yet, exchanges
Yet, exchanges restricted to a small society can reduce  the  benefits relative to the productive specialization and the
to a small society can reduce the benefits relative to  the  productive specialization and the complementarity of goods.
the benefits relative to the productive specialization and  the  complementarity of goods. An increasing dimension of the
the complementarity of goods. An increasing dimension of  the  society can foster the individual moral hazard for two
of goods. An increasing dimension of the society can foster  the  individual moral hazard for two reasons: the probability to
can foster the individual moral hazard for two reasons:  the  probability to interact with the same people decreases; and
hazard for two reasons: the probability to interact with  the  same people decreases; and the individual choices can
probability to interact with the same people decreases; and  the  individual choices can differ as can differ the social
and the individual choices can differ as can differ  the  social capital. Hence, social norms are a governance tool
norms are a governance tool more suited to small societies.  The  concept of distance (not only spatial but also in terms of
spatial but also in terms of different characteristics of  the  social capital) can be useful to asses the efficiency both
of the social capital) can be useful to asses  the  efficiency both of the public intervention and social
capital) can be useful to asses the efficiency both of  the  public intervention and social norms. An increasing
and social norms. An increasing distance can increase  the  individual moral hazard.
talk about infringement and  the  doctrine of equivalents from the Supreme Court of the
about infringement and the doctrine of equivalents from  the  Supreme Court of the United States
and the doctrine of equivalents from the Supreme Court of  the  United States
constitutes a lex specialis which applies in lieu of  the  general rule on businnes profits provided for by article.
profits provided for by article. It derives from that  the  necessity to determine those activities which follow within
necessity to determine those activities which follow within  the  scope of application of article 8, being strictly connected
of application of article 8, being strictly connected to  the  operation of ships and aircraft in international traffic.
operation of ships and aircraft in international traffic.  The  OECD Commission for Fiscal Affairs has recently proposed
for Fiscal Affairs has recently proposed some changes to  the  Commentary to article 8, to better specify some examples of
some examples of those "ancillary activities". Among  the  others, the proposal considers the case of an enterprise
examples of those "ancillary activities". Among the others,  the  proposal considers the case of an enterprise which has some
activities". Among the others, the proposal considers  the  case of an enterprise which has some passengers or cargo
for a domestic leg of an international voyage offered by  the  first enterprise. The changes seem to be intended to widen
of an international voyage offered by the first enterprise.  The  changes seem to be intended to widen the scope of
first enterprise. The changes seem to be intended to widen  the  scope of application of article 8 through the listing of
to widen the scope of application of article 8 through  the  listing of the activities strictly connected to that of
scope of application of article 8 through the listing of  the  activities strictly connected to that of international
 The  aim of this artiche il sto analyze the relationship between
aim of this artiche il sto analyze  the  relationship between OECD Model tax convention and trust.
Although trusts are widely used in international context,  the  OECD Model and its Commentary still do not give any
and its Commentary still do not give any guideline for  the  application of tax treaties to trust related income. Some
trust related income. Some guidelines can be gathered from  the  US Model tax convention and the OECD Partnership Report of
can be gathered from the US Model tax convention and  the  OECD Partnership Report of 1999. Particular anntention in
Report of 1999. Particular anntention in given to  the  tations of resident person for treaty pruposes ando of
person for treaty pruposes ando of beneficia owner, under  the  hypothesis that there is non personification of trust fund.
of trust fund. It is also discussed an important case about  the  notion of trust residence under the UK-Ireland tax
an important case about the notion of trust residence under  the  UK-Ireland tax convention.
of  the  manifesto, published in the «Comoedia», give the principal
of the manifesto, published in  the  «Comoedia», give the principal feature of the new cuisine
of the manifesto, published in the «Comoedia», give  the  principal feature of the new cuisine as a rapid succession
published in the «Comoedia», give the principal feature of  the  new cuisine as a rapid succession of dishes which contain
ex art. 396 c.p.c. e azione risarcitoria: "a government of  the  judges, by the judges and for the judges"
e azione risarcitoria: "a government of the judges, by  the  judges and for the judges"
"a government of the judges, by the judges and for  the  judges"
P. J. -  The  chromosome complex in the somatic cells of male and female
P. J. - The chromosome complex in  the  somatic cells of male and female of the domestic chicken.
complex in the somatic cells of male and female of  the  domestic chicken. S., LX, 1924.
A. H. -  The  use of mosaics in the study of the developmental effects of
A. H. - The use of mosaics in  the  study of the developmental effects of genes. P. VI C. 1932.
A. H. - The use of mosaics in the study of  the  developmental effects of genes. P. VI C. 1932.
W. N. -  The  control of the secondary sex characters in the English
W. N. - The control of  the  secondary sex characters in the English sparrow Passer
W. N. - The control of the secondary sex characters in  the  English sparrow Passer domesticus. J. E., Z. LXVII, 1934.
in  the  cultural area of the Usa
in the cultural area of  the  Usa
 The  grade itself is a hypereutectic steel and with the carbon
grade itself is a hypereutectic steel and with  the  carbon content of around 1% capable to deliver 66HRC
content of around 1% capable to deliver 66HRC easily, after  the  quench.
 The  economic crisis vs. the protection of competition
economic crisis vs.  the  protection of competition
of innovation and their history can be dated back to  the  Ancient Mesopotamia. Recently fiscal policy has discovered
Ancient Mesopotamia. Recently fiscal policy has discovered  the  power of these financial tools in managing budget
tools in managing budget constraints over deficit and debt;  the  devolution process of Italian fiscal sovereignty can
process of Italian fiscal sovereignty can exacerbate  the  need for extra funding, being the adjustment process
can exacerbate the need for extra funding, being  the  adjustment process difficult in the short run. Financial
extra funding, being the adjustment process difficult in  the  short run. Financial innovation represents a profitable way
be balanced with potential risks over future budget years.  The  banking system, being the provider of professional know-how
risks over future budget years. The banking system, being  the  provider of professional know-how and the seller of these
system, being the provider of professional know-how and  the  seller of these instruments, is a strategic actor on the
the seller of these instruments, is a strategic actor on  the  scene.
F. R. -  The  free-martin. A study of the action of sex hormones in
F. R. - The free-martin. A study of  the  action of sex hormones in foetal life of the cattle. J. E.
A study of the action of sex hormones in foetal life of  the  cattle. J. E. Z., XXIII. 1917.
 The  Glaciers of the Alps, 1860, pag. 80.
The Glaciers of  the  Alps, 1860, pag. 80.
Remarks Concerning  the  Embryos Bill of the Dutch Government
Remarks Concerning the Embryos Bill of  the  Dutch Government
questioni, cioè dal dottor Farr nel suo scritto On  the  influence of Marriage on the Mortality of the French
dottor Farr nel suo scritto On the influence of Marriage on  the  Mortality of the French People, letto innanzi alla Nat.
scritto On the influence of Marriage on the Mortality of  the  French People, letto innanzi alla Nat. Assoc. for the
of the French People, letto innanzi alla Nat. Assoc. for  the  Promotion of Social Science, 1858.
 The  effectiveness of labour law: remarks about the German
effectiveness of labour law: remarks about  the  German experience
SIRÈN, Leonardo da Vinci,  The  Artist and the man. Revised with the aid of William Rankin
SIRÈN, Leonardo da Vinci, The Artist and  the  man. Revised with the aid of William Rankin a. others. New
Leonardo da Vinci, The Artist and the man. Revised with  the  aid of William Rankin a. others. New Haven, 1916 (in:
 The  naturalist on the Amasons, vol. I, 1863, p. 19.
naturalist on  the  Amasons, vol. I, 1863, p. 19.
of  the  person in the light of international biomedica law
of the person in  the  light of international biomedica law
H. —  The  conjugation of the chromosomes. P. VI C., 1932.
H. — The conjugation of  the  chromosomes. P. VI C., 1932.
A. W.- Integumental grafting as a means of analyzing  the  factors determining the secondary sexual characters of the
grafting as a means of analyzing the factors determining  the  secondary sexual characters of the Leghorn fowl. J. E. Z.,
the factors determining the secondary sexual characters of  the  Leghorn fowl. J. E. Z., LXI, 1932.
 The  Naturalist on the Amazons, vol. III, 1863, p. 228, 347.
Naturalist on  the  Amazons, vol. III, 1863, p. 228, 347.
 The  plurality of the human race (traduzione), 1864, p. 60.
plurality of  the  human race (traduzione), 1864, p. 60.
 The  evaluation of the italian university sistem: a recent
evaluation of  the  italian university sistem: a recent history
 The  Trust Protector And Its Use In The United States
Trust Protector And Its Use In  The  United States
Ruse,  The  darwinian revolution, The University of Chicago Press,
Ruse, The darwinian revolution,  The  University of Chicago Press, Chicago 1979.
annual report of  the  executive committee of the Prison Association of New York,
annual report of the executive committee of  the  Prison Association of New York, with accompanying
Association of New York, with accompanying documents, for  the  year 1874. - Transmitted to the legislature april 9, 1875.
accompanying documents, for the year 1874. - Transmitted to  the  legislature april 9, 1875. - Albany: Weed, Parsons and
Instead of praising new media by merely focusing on  the  (undoubtedly) countless opportunities they have created,
(undoubtedly) countless opportunities they have created,  the  paper follows a more cautious approach and, after analyzing
paper follows a more cautious approach and, after analyzing  the  conditions that reflect the current state of media, finds
approach and, after analyzing the conditions that reflect  the  current state of media, finds that the assumption on which
that reflect the current state of media, finds that  the  assumption on which modern media policy making in support
del Regno Unito: "Not just  the  right thing, but the bright thing"
del Regno Unito: "Not just the right thing, but  the  bright thing"

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