Suchergebnisse

SOMMARIO: 1. Premessa generale: il quadro normativo di base - 2. I prerequisiti della idoneità e l'intesa con l'Ordinario diocesano - 2.1. Il riconoscimento dell'idoneità - 2.2. L'intesa con l'ordinario diocesano - 3. La mobilità nel quadro della normativa scolastica - 4. Uno sguardo alla giurisprudenza - 5. Conclusione

The key issue that emerges from the reports of Martínez-Torrón can be summarised in one question: "can religious freedom be guaranteed in exceptional circumstances?".
The immediate answer is just: "yes, it can". Clearly, we must be able to find proper ways to do that, while bearing in mind that it is not only a question of verifying whether it is possible to do so, because protecting religious freedom is not just an option among many others, but it is an unavoidable necessity.

SOMMARIO: 1. Premessa - 2. Breve storia delle riforme universitarie a) fino al 2000 - 3. b) dal 2000 a oggi - 4. Il piano degli studi giuridici e l'accesso alle "professioni classiche" - 5. Proposte di revisione della tabella attuale. a) il contesto generale e particolare - 6. b) i punti salienti.
Knowing to deliberate. Reflections on legal education.
ABSTRACT: The debate on legal education in Italy appears to be an always open question. The synthesis is complicated by the coexistence of multiple factors that increase its complexity. However, the gradual and stable decrease in enrollments and the simultaneous lack of employment prospects for graduates require it to be revised, also favored by the opportunities opened by the National Recovery and Resilience Plan (PNRR). In this essay I proceed to a preliminary historical reconstruction of the debate still in progress and I present reflections which, hopefully, will be useful for its operational conclusion.

The new Italian law in the field of the Third Sector provides for some burden on civilly recognized religious bodies, among which there are also Catholic ecclesiastical bodies. This paper deals with the canonical consequences of these obligations related to the general principles of Church law, as they are stated in the Code of Canon Law and the particular Italian canon law. The fulfillment of these government obligations is obviously not mandatory, however in many cases it may be timely, especially for institutions that already enjoy tax benefits that they could lose if they did not comply with the deadlines established by this new Italian law. Nevertheless, the central question is to verify whether certain obligations are lawful according to the Canon law. The essay raises the question of the provision of an "earmarked stock" and "internal rules" additional to their canonical Statutes, and especially the canonic assessment of commercial activities. If it is true that one has the right to do anything, but not everything is beneficial or constructive, catholic religious bodies should mind some questions before deciding to follow this law.

The essay takes its cue from the proposal made by Giuseppe Toniolo to Pope Benedict XV to establish in Rome an Institute of international law for peace. I analyze with particular attention the relationship between law and morality. In the first part I consider the political and social impact of the Great War, which the pope described as "senseless slaughter", although in Italy it was perceived as a war of independence, wrapped in patriotism and sense of Christian forbearance. I assume that the position of the Holy See was politically influenced by the loss of temporal power, which put it in a new position within the context of the international community. The Italian opposition to his participation in the Hague Conventions forced the pope to use his potestas indirecta in temporalibus. Toniolo proposal arises in that context. He wanted to consolidate a network of Catholic intellectuals supporting the pope in promoting Christian ideals in the field of law, especially in the international law. Toniolo conceived jus gentium subaltern to the moral authority of the Pope, thus recovering the idea of law subordinated to religious ethics. I suppose that the project failed because it was contrary to the contemporary secular idea of international law, which in the meantime developed and finally has been established as an instrument of peace. For this reason, I consider the proposal outdated. Both for the final fall of the neo-Guelph project, and because the idea that the base can be affected by cultural elite has waned. The Church, especially with Pope Francis, is increasingly characterized by a bottom-up approach, which it is the inverse of the one imagined by Toniolo

From an institutional point of view international development cooperation represents a governmental tool for national foreign policy related to meet foreigners needs of an economic nature. This paradigm does not include peace-building, although peace is a basic human need. International law states "Culture of Peace" as an institutional objective, so State should run their development cooperation programs in a building positive peace framework.