DIRITTO E PROCESSO

Contrasto all'evasione tributaria e diritto alla privacy nella giurisprudenza della Corte EDU
The ruling of the ECtHR, Grand Chamber, 9 March 2023, on the L.B. v. Hungary case (n. 36345/2016), criticizes the publication online of a list of tax evaders (containing name and address of residence), as ascertained by the Hungarian tax administration. In particular, according to the Court, such a measure of public shaming constitutes a violation of the right to respect for the private and family life of the interested party. The ruling then offers the opportunity for some reflections on the relationship between technology, fiscal interest and private rights. The terms of this report, according to the author, must be the subject of an adequate balancing to be implemented, first of all, in a legislative context, even before the administrative one, especially when the Tax Office is not granted any discretion in the implementation of the individual measures that end up violating personal rights.

Il tatuaggio tra diritto, giurisprudenza e storia
The essay analyzes the tattoo as a distinctive feature and a part of the individual image, has aroused the interest of the jurist on its implications (positive or negative) in the context of the person's right to identity. A potential impediment to tattooing emerges in the case of military enlistment, where (on parts not covered by the uniform), due to its size, content and nature, it may be detrimental to dignity and decorum.

Il testamento tra prescrizioni formali e funzione probatoria
The essay analyzes the function of the form of the will in relation to the testator's thinking and reasons for the disposition. The same applies to questions of procedure concerning proof that a document is true or false: in particular, the recent ruling of the Italian Court of Cassation disapplying the procedural rules on the acquisition of documentary evidence is analysed.

Patto di famiglia e partecipazioni trasferibili
The essay analyzes two fundamental aspects for the stipulation of the contract called "patto di famiglia", introduced into the Italian legal system to facilitate the generational transmission of business ownership. The first aspect concerns the need for the person who transfers the business to be, effectively, an entrepreneur, according to the characteristics provided for by art. 2082 of the Italian Civil Code. Since, however, with this contract it is also possible to transmit shareholdings and company shares, it is necessary to identify which types of them can be the subject of the stipulation.

Comodato precario e situazioni familiari
The essay analyzes the loan as a long-term contract that creates a temporary, unlateral asset assignment. As it is defined as the contract by which «one party delivers a movable or immovable thing to the other, for use for a specific time or use, with the obligation to return the same thing received», it is important to notice that the determination of the duration of the contract can take place not only expressly, but also tacitly: in this last case, the intended use of the asset, if it has not been established conventionally, must be derived from an interpretation of the contract according to good faith.

Tra incertezze e fervore giudiziario: verso il riconoscimento in Italia dello status di rifugiato climatico?
This contribution analyses a recent decision issued on 24 February 2021 by the Italian Supreme Court of Cassation (Corte Suprema di Cassazione, ordinance n. 5022/21) which recognizes the existence of a situation of environmental degradation in the country of origin as a ground to secure humanitarian refuge to a person from Niger seeking international protection. The decision offers an excellent opportunity to discuss the evolving phenomenon of climate migration, the legal uncertainties surrounding this profile and the situation of vulnerability that all this entails. The contribution explores: climatic factors interplay with individual and group decisions to undertake a migration; climatic factors as factors aggravating pre-existing situations of vulnerability, through the eyes of a court; the criticalities of the Italian and European legal system vis-à-vis evolving jurisprudential innovation.

Particolare tenuità del fatto e procedura estintiva delle contravvenzioni in materia ambientale. La determinazione di un rapporto (in?)conciliabile per la tutela e la salvaguardia ambientale
This article deals the mechanism of the cause of non-punishable for particular tenuousness of the fact and the extinguishing mechanism of environmental infringements, with the purpose of analyzing the legislative indications, the rationale underlying the institutes and their dogmatic classification within the systematic categories developed in the criminal law field. It analyses the real benefits deriving from their introduction in our legal system. Moreover, this contribution touches on the relationship between the two institutes, considering, moreover, how the ultimate goal of the legislator is clear: provide for rewarding measures common to a single objective of environmental protection and rehabilitation.

Theorizing a human rights-based approach to resources extraction: issues of intragenerational and intergenerational equity and of extraterritoriality
The international community has recognized the importance of rethinking the current approach to extractive activities. A change is crucial for several purposes: primarily, for fighting climate change and meeting the goals set by the Paris Agreement; again, for promoting fossil fuel phase-out and energy transition; importantly, for ensuring the fair development of renewable sources of energy, which relies on mineral resources largely extracted in the Global South. On this premise, this study theorizes a human rights-based approach to extractive activities, by drawing inspiration from the rising climate litigation wave in international and domestic jurisprudence. Such concepts as intragenerational and inter-generational equity, extraterritoriality, sustainable development, and distributive justice are used to theorize an innovative approach to extractive activities.

Dalla green city ai "sistemi locali". Per un approccio eco-gius-politico alla rigenerazione urbana
Cities play an increasing role in shaping what has been referred to at the beginning of the new millennium as "global political space". The influence they have in terms of ecological footprint questions the effectiveness of local administrative action in governing the metabolic rupture between social systems and the biosphere as a useful field of observation, in order to avoid a disciplinary compartmentalization by administrative-territorial competencies that would lose sight of the overall picture that connects the field of law with that of nature. The purpose of this paper is to investigate the extent to which a "multilevel" action of institutions, both local and supranational, can contribute to an attempt to redefine the arrangement of some administrative competen-cies, starting from the "multiscalarity" of socio-environmental problems. In particular, attention will be focused on the concepts of "bioregion" and "mac-ro-region" as "radiating" points for a "constitutional-ecological" approach on what can be defined as a "sustainable city," in the light of an integrated and "systemic" vision of the territory beyond the opposition between the "local" and the "global" and between representative and participatory democracy.

Modelos de reculaciòn de neurotecnologìas farmacològicas: los casos de Chile y de la Union europea
Regulating pharmacological neurotechnologies should adhere to the precautionary principle of health risks and the principle of distributive jus-tice. The essay analyses and evaluates the most common models of regulating pharmacological neuroenhancement in the comparative literature, comparing them with specific cases of regulation in both Chile and the European Union. Ultimately, a pharmacological neuro-enhancement regulation based on the proposed principles is presented.

L'Intelligenza Artificiale in ambito medico e legale
The implementation of Artificial Intelligence (AI) in medical devices and its application in the legal field are topics of great significance and contemporary interest. This article thoroughly examines the utilization of AI in these domains, analyzing the pertinent European regulations, notably the Artificial Intelligence Act proposal and the European Regulation on Medical Devices. Throughout the analysis, the inquiry arises concerning how biases present in the training data impact the outcomes and potentially encroach upon fundamental rights, such as the right to health and a fair trial, thereby potentially discriminating against individuals belonging to underrepresented groups in these datasets. Employing an interdisciplinary approach, this study endeavors to identify solutions to address this issue by leveraging the existing regulations, which could serve as a foundation for their adaptation in other sectors beyond the ones under consideration.

Il dialogo delle Corti 'salva' l'art. 42-bis d.P.R. n. 327/2001: ultima puntata? [Serenella Pieroni]