Suchergebnisse

The aim of the thesis is to study the different provisions included in the notion of social clause and offer an in-depth and systematic analysis of some types of social clauses in the Italian and European Union legal order, their characteristics, their regulation, and the legal interests that are aimed at protecting, as well as their classification in the multilevel legal order. This study is preliminary for the assessment on the legitimacy of such clauses in relation to economic freedoms. Indeed, the application of social clauses is one of the fields in which the contrast between fundamental social rights and economic freedoms emerges most clearly and in relation to which some differences occur in the reconciliation of interests made by the Courts at national and EU level. The most relevant distinction for this research relies on the classification developed by Italian scholars, who, on the basis of contents and interests protected by social clauses, usually distinguish between equal treatment or first-generation social clauses and rehiring or second-generation social clauses. Also the nature of the procurement contract, public or private, may condition the judgment on the legitimacy of social clauses with regard to economic freedoms, due to the different regulations applicable in the two fields and the tension between the protection of competition and social objectives, which historically characterizes the action of the public administration in the field of public procurements. The thesis investigates the legislation and the case law concerning the first- and second-generation social clauses, both statutory and contractual, at European and Italian level, with reference to public and private procurements. From this study, it is clear that there are problems of effectiveness and applicability concerning first- and second-generation social clauses, as well as of conflicting interests: social clauses may hinder the competition, negatively condition the entrepreneur's freedom to conduct a business, affect the entrepreneurs' freedom of association, and, therefore, risk to contrast with the constitutional and European provisions protecting those freedoms. In this reasoning, the different levels of protection and the importance recognised to social rights and economic freedoms in the Italian and European Union legal systems, the legal framework generated by their interaction, and the type of balancing in the two legal orders must be considered. In the search for a reasonable balance between economic freedoms and social rights, the thesis explores whether the various interests protected by the different types of social clauses can fall within that notion of employment protection which constitutes an overriding reason relating to the public interest justifying a limitation of the economic freedoms and investigates to what extent the prevention of unfair competition and social dumping, the protection of workers' rights and employment stability can justify a restriction of fundamental economic freedoms. In conclusion, the aim of the study is to investigate if it is possible to achieve a fair balance between opposing interests, social rights, on the one hand, and economic freedoms and free competition, on the other, and comprehend how the interests contrasting with them in relation to the case of social clauses can be balanced.

This article explores the EU's attempts at the ASEAN Regional Forum (ARF) to encourage Myanmar directly, or indirectly via the Association of Southeast Asian Nations (ASEAN), to connect with security cooperation. It argues that both ASEAN's assumption of responsibility and Myanmar's taking on of multilateral security options were linked to the EU's policy at ARF. In order to demonstrate this, the article provides an historical insight into the EEC/EU's relations with ASEAN, in 1980, leading to the EU's participation in the ARF in 1993. It focuses on the EU's messages at the Forum when the EU and ASEAN co-chaired the ARF meetings. Meetings co-chaired by both were held between 2004 and 2008. The investigation relates to the ARF as to a framework where interactions develop, and uses Cyclone Nargis that ravaged Myanmar in 2008 to assess Myanmar and ASEAN's conduct. In evaluating Yangon and the Association's behaviour, the article is helped by explanations provided by social mechanisms, an appropriateness logic and observations derived from interviews conducted in Southeast Asia and Brussels. The article covers the interaction between the EU and Myanmar before the outbreak of the Rohingya crisis, which gave EU policies towards Myanmar a new dimension.

Situating close readings of Nina Bouraoui&rsquo ; s latest novel Standard (2014) within the context of a critique of neoliberalism and of the ongoing geopolitical uprisings in the Arab world, this essay presents the novel as a fine literary and affective exploration of personal concerns relating to sex, gender, and desire as well as a sociohistorical chronicle detailing how representations of personal and intimate relations may illuminate wider social ills together with the mechanism of contemporary political life. Drawing on critical work on affect by Sara Ahmed, Lauren Berlant, Judith Butler, and Judith/Jack Halberstam, this article argues that through its focus on affect, the text contributes to the unveiling and critical questioning of the biopolitical maneuvers that dispose life to precarity and of the ensuing desire for freedom, dignity, and rebellion.

This article regards the European Union's endeavours at the Association of Southeast Asian Nations (ASEAN) Regional Forum (ARF) to motivate ASEAN and Myanmar to connect with multilateral security cooperation. It discusses two assumptions: the EU made efforts to inspire ASEAN to undertake responsibilities; and the EU tried to encourage Myanmar to engage in security cooperation. It employs an approach underpinned by Checkel's (1999) social theory, March and Olsen's (1998) logic and observations provided by several interviewees (Southeast Asia and Brussels). It relates to the aftermath of Cyclone Nargis that hit Myanmar in 2008 causing thousands of deaths as the context of this case study. The article investigates several questions: has ASEAN responded to the EU's invitation to take courage in shouldering responsibility? Has Myanmar coped with the EU's call to join the multilateral security framework of cooperation? And, lastly, have any lessons been derived from Myanmar's Nargis incident with regard to the European Union's foreign and security policy?

This article aims at exploring the unwillingness of the EU member states to sponsor a Common Security and Defence Policy (CSDP) joint action within the EU framework as a response to the violence against civilians which erupted in Libya in 2011. It investigates the attitudes of Britain, France, Germany and Italy, as representative of the EU/27, toward the developments in Libya and a possible CSDP's crisis-management operation. It discusses the assumption that the CSDP was prey to the member states' wishes. The article avails itself of official documents from the UNSC, the European Union, EU laws, EU officials and prime ministers' speeches, together with several interviews.

Nella prima parte proverò a sviluppare una breve rassegna delle opere più significative pubblicate sull'argomento dei massacri sui civili eseguite dalle truppe dell'Asse durante la Seconda guerra mondiale, dando conto delle diverse linee interpretative che gli autori hanno seguito studiando i meccanismi del terrore messi in atto lungo la penisola italiana (modalità di attuazione dei massacri, obiettivi, risultati). La rassegna comprenderà anche alcuni lavori nei quali, come vedremo, si percepisce la tendenza a conferire un alto valore storico alla memoria delle stragi che le popolazioni colpite dai gravi lutti hanno nel tempo elaborato. Il secondo capitolo invece sarà dedicato al racconto dei più gravi episodi stragisti avvenuti in Italia, oltre alla descrizione delle unità nazifasciste che più di altre si macchiarono dei crimini contro i civili. Poiché è opinione di molti studiosi che la violenza scatenata in Italia dai soldati tedeschi abbia avuto origine dalle precedenti esperienze sul fronte orientale, nella terza sezione effettuerò una comparazione dei diversi teatri di guerra al fine di individuare differenze e analogie tra l'uccisione nelle steppe russe di più di dodici milioni di civili e le stragi avvenute in Italia. Di molte azioni efferate, tuttavia, si resero responsabili anche i soldati del Regio Esercito, sia nei confronti dei popoli delle colonie africane, sia di quelli delle regioni balcaniche soggette all'occupazione militare. Nello stesso capitolo quindi vedremo se è possibile ravvisare delle similitudini nei comportamenti delittuosi dei due eserciti dell'Asse, consapevoli che una risposta affermativa potrebbe configurarsi subdolamente come una sorta di dantesca "legge del contrappasso" subita dai cittadini italiani. L'ultimo capitolo infine tratterà della natura della violenza, della regolamentazione della guerra attraverso la firma delle convenzioni internazionali, degli eccessi della «guerra totale», nonchè dei processi che portarono all'erosione del principio di intangibilità dei civili disarmati.

This article discusses how low-income Latino immigrant youth use the Internet for newsgathering. Contrary to previous assumptions about the digital divide, the youth almost universally owned cell phones and got most of their news online, although poverty affected the quality of their connectivity. However, a generational digital divide was evident, in which Internet-savvy youth had access to timelier and more diverse news than their parents. In a reversal of typical parent–child roles, the youth were "news translators" for their parents, explaining U.S. news stories and their implications. Moreover, in seeking, critiquing, creating, and posting content online, the youth gained participatory and deliberative skills useful for civic engagement in a democracy.

The Treaty of Lisbon strengthened the European toolset concerning the external representation of the EU, enshrining new principles and redrawing the institutional framework. Art. 18 TEU made official the role of the High Representative as chief of the European foreign policy. As a consequence, Decision 2010/427/EU was adopted by the Council with the aim of establishing the European External Action Service, the administrative apparatus and cornerstone of the new diplomatic architecture. In the same respect, art. 221 TFEU turned the 'Commission Delegations' into 'Delegations of the EU' as a whole, providing them with further State-like competences. Indeed, the praxis of recognizing them as proper diplomatic missions in third States, endowed the EU Delegations with advanced prerogatives in coordinating Member States representatives, sharing information and protecting European Union's interests around the world. Such an analysis, together with the evaluation of EU's performance in international fora, will be useful in order to understand how EU Delegations carry out the task of channeling diplomacy towards EU institutions ahead of more coherent and effective decisions in foreign policy. Conclusions will be aimed at understanding to what extent the EU transformed (and will transform) the institution of Diplomacy and what are the chances for reaching a common European 'corps diplomatique'.

En Brasil ha nacido una nueva manera de investigar, interpretar y escribir la historia del pueblo brasileño. Los libros históricos de periodistas, han concitado la atención e interés de la sociedad y estimulado la lectura, permitiendo la democratización de la información y nuevas interpretaciones a hechos obscuros del pasado.