Diritto processuale dei consumatori (Società) (Italian Edition)
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The changes in the case-law of these countries are conditioned by the unstable equilibrium between several fundamental principles, such as contradiction, legal certainty, party disposition, procedural economy, fairness, and the relations between civil proceedings and substantive law. The necessity to safeguard the stability of judgments e. These influences are essential not only in foreseeing the possible evolutions of these procedural models, but also from the perspective of the European Code of Civil Procedure imagined by the European Parliament, which tasked the Commission with presenting a legislative proposal regarding the shared minimum standards for civil proceedings.
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According to the Parliament, these standards should constitute the core of the future Code. International journal of procedural law. Il commento trae spunto da una recente sentenza del Tribunale di Milano per esaminare i profili processuali dell'azione sociale esercitata dalla minoranza dei soci nei confronti degli amministratori. The original nucleus, entirely created by the Chamber of Deputies, was made available on the Web through the joint efforts of the Chamber of Deputies, the Supreme Court of Cassation and the Regional Councils. Since , the legislative texts have been directly supplied by the Regions and the Autonomous Provinces.
Normative references of the laws are provided by the Supreme Court of Cassation, while the Library of the Chamber of Deputies takes care of the overall management and updating of the database. Beside providing information about its role, members, work, and guides, the Senate of the Republic site provides a database of bills, which can be searched by number or through a guided search on the basis of the TESEO classification on the XIII and XIV Legislatures; moreover bills of previous Legislatures can be searched.
Above all, it is necessary, in relation to the sites of the Ministries, to underline that they constitute an important source of information for the legal and administrative worlds. Almost in their entirety, the sites of the Ministries are presented as Portals with a variety of very important information and services see, in Appendices , paragraphs 1.
The MEF homepage , contains information on the structure and role of the Ministry, and provides information about the Taxation Agencies, the CIPE, the Administration of State Monopolies, and the like, and a list of links — organized by type — to institutional sites. It also offers a useful sector relating to services, including a guide to the services of the Departments, the calculation of road tax, the duplication of the Tax Code, information on taxation commissions and so on.
It also contains a list of sites organized by type and a software sector on fiscal, cadastral and customs matters. From the site of the Ministry, the user can also access the Computer Centre of the Supreme Court, which provides an online service for the consultation of texts of legal interest collected and organized in specialized databases 30 databases storing over 4 million documents. Access to the databases, regulated by law DPR The link is granted free-of-charge to constitutional, judicial and administrative organs of the State, to judges and to State prosecutors and attorneys; all other users pay an annual subscription fee for access.
Currently the Italgiure-Web system is available on the Internet at the site , but is only accessible to ordinary judges while awaiting new ministerial regulations on how private users should be linked to the system. Of particular importance in this sector are the sites of the independent Authorities and security and supervisory Commissions: These sites generally set out the legislative framework of reference, provisions, recommendations, and give a wide variety of documentation. Other national bodies should also be kept in mind: Among the regions, we would like to focus on the Emilia-Romagna region for its particularly innovative use of the Web.
Not only does this region give the user the possibility to search the full texts of the resolutions of the Regional Council, but it has also created Ermes, which presents itself as an access point able to offer an information path, a guide and a dialogue with users. We have already described the site of the Italian Supreme Court in relation to the Ministry of Justice.
On this matter, it is, however, helpful to refer to another site, because it is more complete and managed by the same official site, namely the Constitutional Court online , co-ordinated by Prof. A search may be carried out on the details of the decision, by key words or through the terms which the parties, the court or the subject matter dealt with may refer to. The decisions are in full text. It should also be noted that there is a large number of links to Constitutions and Constitutional Courts throughout the world.
On this site, the user can generally find, with some exceptions, decisions published after 1 October , and the most important opinions dating from September The most significant decisions deposited between 1 September and 31 May are currently available.
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The portal of the European Union , accessible in eleven languages, provides the user with a great deal of documentation on what the European Union is, how it functions, and how to live and interact with it. All Italian universities and public and private law faculties have sites on the Web, containing a great deal of information and documents and with many services for students. The databases and the guides to which users have access free-of-charge are especially important on the site in question.
In particular, these include the following. Law and Legal Informatics monographs and periodicals ;. It also provides information, reviews and lists of sites of interest for lawyers. A database of different kinds of documentation including legislation is also online. The site also has an internal search engine. Its objective is to offer a rapid, complete and user-friendly tool which, on the basis of a selection made at the source, provides with updating made possible through the availability of the material the bibliographical details of legal literature regarding the Law of Economics, published since January Not only the section dedicated to news is interesting, but also the section regarding books, which — thanks to the publishing houses permission — enables users to browse summaries and tables of contents.
Among the publishing houses specialized in the legal sector, we would like to mention: The online catalogue is updated daily with data on all the volumes published, both those currently on the market and those in print in the past. It provides services, texts, periodicals and many offline and online databases which are distributed against payment of a subscription fee.
The following are among the most important services in the legal sector: In particular, with regard to the legislation, it makes the following available to the user: It also furnishes numerous online services: The catalogue, made available by the publishing house, enables the user to consult the electronic cards relating to over published volumes updated in real time. Simone allows its users to search its Law Codes free-of-charge: Initially divided into frames, more recently it has been the object of a restyling.
Today, the site displays a navigation menu subdivided into two large sections: Finally, it provides a newsletter giving the user updated information. Apart from containing a series of important articles and contributions, it presents the annotated Italian Civil Code, the Italian Constitution, and lists of Italian and international sites.
The following can be listed among the typically specialized journals: It contains general and scientific information and information related to the legal world. It is, therefore, a proper electronic journal, among the most prestigious within the Italian legal panorama on the Web, with many articles regarding legal literature, organized by subject matter or argument through a chronological index.
Italian labour law, in the traditional sense including industrial relations, employer-employee relations, and social security law, from their domestic and international viewpoints as well as international and comparative labour law. It also portrays itself as a qualified place for reflection and in-depth study, unique in the Italian editorial panorama, on issues related to intelligence and national security.
The Journal publishes essays, forums, interviews, articles, curious historical anecdota, book reviews and bibliographical notes, reports of interventions by important persons from the world of politics, culture and the institutions. It has also edited a full and systematic collection of the Italian and foreign documentation in the sector reports of parliamentary and governmental organs, bills regarding intelligence bodies, legislation and jurisprudence of interest. The second section is subdivided into three columns: The second reports events, such as conferences, debates or the publication of books.
It is structured in four sectors: It is divided into several sections including: Ettore Giannantonio, who dedicated many years to the study of this topic. It is rich in information, case law and legislation on the environment contributing to the discussion on this topic, and also has a newsletter which keeps users up-to-date on what is happening in the field. Many libraries, especially if they are of a certain importance, like university libraries, have transformed their catalogues into databases, usually making them available to the user free-of-charge.
There are now also groups of these under the same organization which has created collective catalogues or MetaOPACs. By way of example, we can cite the virtual catalogue Cultural Site of the Tuscany Region , which permits this type of search in simple or advanced mode within a large number of Libraries in the Provinces and in the Universities within the Region. It is a network of Italian Libraries created by the Ministry for Cultural Heritage in collaboration with the Regions and Universities; currently, it provides access to the bibliographical news which is periodically downloaded from the databases of the SBN Index: At present, the catalogue contains about 9 million localizations and 4.
The initiative falls within the framework of the reform of the Italian Public Administration aimed at guaranteeing transparency and simplification in its relationship with citizens. To better understand its importance, it is worthwhile mentioning that, in November , the Assembly of the Italian Chamber of Deputies passed a resolution regarding Government policy in which the NIR Project was given the highest priority within the ambit of initiatives for administrative simplification.
April 9, ;. The Italian Supreme Court of Cassation was a pioneer in the sector: From onwards, there was a gradual incrementation and consolidation of the system and definition of the access modes, provided free-of-charge for the Central Administrations and against payment for other user groups. At present, the possibility of consulting it is reserved only for users who have the right to link up free-of-charge and it will be come into effect through a gradual release organized by categories.
The ItalgiureWeb documentation system includes 41 databases, with a total of over 4 million documents. In particular, in the field of international and European Community legislation there are: In the field of national and regional legislation there are: In the field of national, Community and foreign jurisprudence there are: Ministerial circulars databases include: Ministerial circulars published in the Official Gazette since 1st January ;. National and international legal authority databases include: It is organized in two sub-databases that can be searched independently: It also contains the titles of articles of legal authority from up until now;.
Information, documentation and utility databases include: This is one of the tools being experimented with at ITTIG, the objective of which is to give unified access to material relating to legal authority distributed on the Web by different public or private, institutional, scientific and commercial organizations to provide a series of specialist services forums, distribution of documents, data interchange, etc. It applies the rules of the legislation in force so the users are given a complete and effective picture;. It is an integrated software environment for lawyers, which has the important added value provided by a communication environment, based on Internet, allowing lawyers to link up and exchange information with the Court Offices;.
Jurisprudence, Bibliography, Legislation, Forms. This work contains all the jurisprudence, the legislation and the bibliography regarding the civil, criminal and bankruptcy regulation of companies, co-operatives and consortia. Italian laws in their current and co-ordinated version, with comment on the jurisprudence of all the Highest Courts;.
The published documentation is appropriately classified and linked through a system of logical links and references;. Among the best services available, we would like to mention not only that offered by Google , which through a special search engine enables the user to carry out a full text search within the messages, but also that offered by Arianna.
Presidenza del Consiglio dei Ministri. Ministero degli affari esteri. Ministero del commercio internazionale. Ministero dello sviluppo economico. Ministero delle infrastrutture e dei trasporti. Ministero della Pubblica Istruzione. Ministero del Lavoro e della Previdenza Sociale. Ministero delle politiche agricole e forestali. Commissione Europea — Rappresentanza in Italia. Garante per la Protezione dei Dati Personali. Conferenza dei Presidenti delle Regioni e delle Province autonome.
Corte Suprema di Cassazione. Associazione italiana della comunicazione pubblica e istituzionale. Consiglio Nazionale del Notariato. EuroJuris Italia — Gli studi legali italiani in Europa. The Cardozo Electronic Law Bulletin. Rassegna di giurisprudenza comunitaria e diritto europeo. Il portale del giurista - rivista giuridica telematica. Guida al Diritto on line — Il Sole Ore. Rivista di Informatica, Telematica e Diritto. Rivista Internazionale di Informatica e Diritto.
InterLex — Diritto, Tecnologia, Informazione. Guida aggiornata per aree tematiche su tutta la normativa italiana ed europea. Rivista Internet di diritto pubblico. Le Nuove Voci del Diritto. Rubrica settimanale di dottrina. Palomar — Osservatorio di diritto costituzionale. Quotidiano di diritto e delle nuove tecnologie informatiche.
Censis — Centro Studi Investimenti Sociali. Portale giuridico delle nuove tecnologie. Legislazione e Giurisprudenza italiana inerenti al Diritto di Internet. Internet e le sue leggi. JeI — Jus e Internet. Leggiweb — Leggi italiane. Dipartimento Ambiente - Bologna. Contratti del settore pubblico [Aran]. Contratti e accordi collettivi di lavoro [CNEL]. Gazzette, leggi e normative [Rete civica Aesinet]. Leggi Regionali [Camera dei Deputati]. Normativa europea [Unione Europea].
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Normativa comunitaria e internazionale, codici e leggi nazionali e regionali, contratti collettivi — ItalgiureWeb [Ced-Cassazione]. Giurisprudenza comunitaria [Unione Europea].
Giurisprudenza costituzionale [Corte Costituzionale]. Giurisprudenza costituzionale [Consulta Online]. Giurisprudenza della Cassazione e delle altre supreme Corti,. Atti di controllo e di indirizzo politico. Altalex — Quotidiano di informazione giuridica. Erga Omnes — Diritto alla fonte. IusReporter — esplorazioni giuridiche. Kataweb — i portali giuridici. NIR — Norme in Rete. Corte dei Conti Europea.
Banca europea per gli investimenti. Fondo europeo per gli investimenti. Comitato economico e sociale. Europol — European Police Office.
The repeal can be expressed by an explicit statement of legislator or implied because of inconsistency with subsequent law. Moreover it can be a consequence of referendum or due to intrinsic causes special laws issued for a limited period or in particular circumstances. Appello nominale [Roll call]: It consists in the calling in alphabetical order of each single Member of Parliament, who is expected to openly and publicly cast his or her vote.
Assemblea costituente [Constituent Assembly]: Associazione Nazionale Magistrati [A. Atti di alta amministrazione [Upper Administrative Acts]: Atti aventi valore di legge [Legally binding Acts]: They are characterized by the fact that, although having all the effects of law, they are limited in terms of their duration or in what they regulate. Atti di concerto [Collegial Acts]: Atti di controllo [Controlling Acts]: Atti definitivi [Definitive Acts]: Atti generali [General Acts]: Public Administration acts dealing with general or abstract matters that apply to an indeterminate number of parties.
Atti giuridici [Legal Acts]: Atti giuridici comunitari [European Community Legal Acts]: Atti ispettivi del Parlamento [Parliamentary Inspecting Acts]: In certain cases they take on a preventive form in order to solicit a decision such as, for example, in the case of parliamentary questions.
Atti normativi [Normative Acts]: Atti parlamentari [Parliamentary Acts]: Parliamentary acts also include summary reports of Committee meetings, that contain all the bills presented in the Houses. Atti politici [Political Acts]: Atto unilaterale [Unilateral Act]: It stands for the particular condition of certain public bodies that are permitted to administer themselves by means of internal institutions and procedures. Autonomie locali [Autonomous Local Bodies]: Bicameralismo perfetto [Pure Bicameralism]: Bilancio dello Stato [State Budget]: Bollettino Ufficiale [Official Bulletin]: Casellario giudiziale [Criminal Records Office]: Coalizione di Governo [Government Coalition]: It pursues a coordinated and common political line with respect to the political Parties that it comprehends.
Civil Code, Penal Code, etc. Comitato delle Regioni [Committee of the Regions]: It is made up of the representatives of Local and Regional Councils and it is nominated on the basis of proposals from the respective Member-States. Comitato Regionale di Controllo [CO.
CO — Regional Inspection Committee]: Regional body, regulated by State Law, that inspects the legitimacy of Provincial and Communal acts. Commissione europea [European Commission]: Consigli giudiziari [Judicial Councils]: They have an administrative character, that is compulsorily determined by Law and they are competent for all magistrates of the District. Consiglio comunale [Communal Council]: The Communal Council represents the local community by which it is directly elected.
It has duties of policy and of political-administrative control. European Community organ which has important functions with regard to the creation of legal acts and treaties. Its presidency is assigned on a six-month in rotation to each Member-State of the European Union. Consiglio di gabinetto [Cabinet Council]: Consiglio Nazionale delle Ricerche [C. CNR has the legal status of a public organization, and defines for itself autonomous rules and regulations, in accordance with the existing laws and the Civil Code.
Consiglio notarile [Notarial Council]: Consiglio provinciale [Provincial Council]: Consiglio regionale [Regional Council]: It has normative and administrative competencies as well as organizational, financial and book-keeping autonomy. Consiglio di sicurezza [Security Council]: Consiglio di Stato [Council of State]: As a jurisdictional organ, it is competent to re-examine on second level the judgements pronounced by the Regional Administrative Tribunals TAR. Consiglio Superiore della Magistratura [C. It is a self-governing body of the Magistracy.
It issues orders for the appointment, assignment, transfer and promotion of magistrates judges and public prosecutors together with having responsibility for disciplinary judgements.
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There are also thirty elected members holding office for four years: It is a primary level source in the hierarchy of norms of the international legal system. Consultazione popolare [Popular Consultation]: Corte Costituzionale [Constitutional Court]: The Court is made up of fifteen judges holding office for nine years. It is made up of three judges. It has territorial jurisdiction within its own District, generally corresponding to a Region.
The Court is normally located in the Region capital. Court with ordinary jurisdiction in criminal matters with competence to try a number of serious offences at first instance. In carrying out their functions the jurors have equal status to the Court judges: Corte dei Conti [Court of Accounts]: It is responsible for checking the legitimacy of the activities of the Government and of the Public Administration. It is also responsible for checking the management of the accounts of the State, of the Public Administrations generally and of the bodies subsidized by the State. It also has a judicial function in the field of public accounting and in relation to pensions of State officials.
When dealing with matters of particular significance it sits in United Sessions. The Court of Accounts also has a consultative function when asked to give opinions on specific matters and a referral role when it is called upon to report directly to the Houses of Parliament on the results of the checks it has carried out.
La norma prevede tre distinte procedure molto diverse tra loro. Le Iene presentano la legge come un primo barlume di per ridare speranza a tutti coloro che sono oppressi dai da situazioni difficili a livello finanziario.
Il bellissimo servizio delle Iene viene ripreso da numerosi siti internet e la Legge 3 viene ribattezzata Legge salva Suicidi. Si tratta ovviamente di una semplificazione giornalistica, che non deve far dimenticare che si tratta di una vera e propria procedura concorsuale. Dare un aiuto al debitore per risolvere la sua situazione significa prima di tutto ascoltarlo e fornire un primo consiglio onesto e trasparente. Per aiutarti a comprender meglio di cosa si tratti, di seguito una breve sintesi di casi reali, seguiti dai professionisti che lavorano con Piano Debiti.
A Funzionario pubblico, si indebita a seguito dei continui trasferimenti e del divorzio. Le rate aumentano e la vita diventa difficile. Ne risente anche il matrimonio e Mario divorzia poco dopo, lasciando la casa a moglie e figli e dovendo pagare per il mantenimento dei figli.