JUS - 2008 - 2-3

The essay analyse some outlines about the concept of dignity under a clear perspective of constitutional law. Even if the italian Constitution does not contain a general rule focused on dignity and on its protection, the Author think that the principle of equal social dignity, as provided by third amendment of Constitution, could become a fundamental rule of the Italian legal system. By this rule could be possible to understand what Constitution says about equality in the double meaning of the point of view of Liberal State and in a perspective of Welfare State. Of course will be influenced the conception of rights, so the dignity will became useful to explain the content of rights connected to the Liberal State and the rights descending from the Welfare State. For the first group of rights the idea of dignity justify a system of rule able to make them actual; for the rights coming from the Welfare State the dignity it’s a further support of their complete and full achievement.The Author wants to keep connected the idea of dignity and the concept of (human) person; it means that the several matters related to the human person must be considered speaking about dignity. In the opinion of the Author, even if there are many virtuous behaviours that can further support the concept of dignity, anyway it belongs to the human person and this condition does not depend on individual choices. At last, the essay studies the idea of dignity in the democratic system of government, then put the concept in connection to the historical evolution and joins it to the idea of laicity of the State.

A definition of human dignity is extremely difficult and controversial to achieve. However for the criminal lawyer such a task should be somewhat alleviated by the «light» of a kind of «truth» stemming from prisons, namely from an environment where dignity is put under extreme stress and a tight bundle of principles have been devised in order to keep inhumanity constantly under check. Such hints arising out of penitentary law and experience suggest a widening of the role of criminal law in bolstering human dignity well beyond the protection of a mere kantian idea of dignity, however paramount its consideration it may be, as expressed in the Italian and German constitutional judicature (e.g. in the Bundesverfassungsgericht decision on the use of force against plane hijackings) and in the condemnation of any kind of torture. Scope and aim of criminal law in this field should be more far-reaching and encompass a protection against the many lacks of empowerment suffered by human beings even in the most advanced western societies (epitomized and symbolized by the feeblenesses of people living in prisons), including those arising from epistemic injustices, which put some of the major hindrances to human development and rights.

The Author outlines the main features of the modern democratic vision of Feliciano Benvenuti on the relations between public administration and citizens that has inspired the most recent developments of Italian administrative law.

The constitutional perspective of the academic work of Professor Feliciano Benvenuti is the topic of this study. His principal care was not just the implementation of the Italian republican Constitution but its development according to the democratic evolution of the Italian society. From that viewpoint, his great struggle for the constitution of regions and for the introduction of «audi alteram partem rule» in administrative procedure is illustrated.

The paper gives a short account of Benvenuti’s writings on the issue of administrative activity. Crucial concepts, like administrative procedure, citizens’ participation, local government, have been explored by Feliciano Benvenuti in an original way that often anticipates legislative developments.

Within the doctrine of Feliciano Benvenuti, the participation of citizens in administrative proceedings plays a leading role. Benvenuti’s basic idea is that by participating in administrative proceedings the citizen are able to exercise sovereignty. A general discipline of private participation in administrative proceedings has been introduced in the Italian law system only by Act August 7th, 1990, n. 241, recently modified in 2005. The purpose of this short essay is to verify whether Benvenuti’s innovative theories have been acknowledged by Italian legislation. The critical conclusion is that, althought «due process of law» can now be considered among the Italian Republic constitutional values, some legislative provisions enacted in 2005 nevertheless risk weakening the principle of participation.

The essay makes a systematic survey – albeit concise – of Feliciano Benvenuti’s scientific work on administrative justice. It also purports to focus attention on his doctrine by dwelling on some emerging trends in recent statute – and case – law.

Feliciano Benvenuti’s essay on «Inquiries in administrative trials» is the most influential study on administrative process in Italy and still offers, after more than fifty years, an extraordinary abundance of relevant ideas and proposals. Analysis of this work allows to highlight a consistent pattern of interpretation of inquiries in administrative trials as expression of principles of equal standing of parties within the process as well as impartiality of judges.

Feliciano Benvenuti’s authoritative essay of 1953 starts from the subject of enquiries in administrative trials, which had been neglected for a long time, to expound a radically new concept of relationships among public administration and citizens, guided by the principle of substantive and judicial equal standing. This direction was followed by later developments in statute and case law, whose main features and open issues are briefly reviewed.

The author describes at a glance the entire works of his Master as a journey made of significant and relevant stages connected by a «file rouge» represented by the idea of the studying of the law such as a human science. Educated at the school of the positivism (Donati, Guicciardi), He has drawn, likewise a painter, its works with the passion of an artist and the attention of a scientist. Along the way and during his long and multifaceted life, the real meaning of the function of the administrative procedure and administrative justice is discovered in its significant «political» role: the public administration must always justify itself not as a naked power, for the dominant reason that the «active citizen» has to be regarded and treated at the same level of administration, on a parity ground.

This paper provides an analysis and assessment of the place of economic and social rights in European Union external policy. It starts by examining the Treaty framework – including the changes introduced by the Treaty of Lisbon – and the concept of sustainable development as a basis for balancing economic and social aspects of development and trade policies. It then turns to examine first, the ways in which the concepts of free trade and economic and social rights may be balanced within both internal and external EU policy, and second, the ways in which these principles are incorporated into existing Community policy instruments (trade and other autonomous policy measures and international agreements).

The article aims at describing International Labour Organisations’ activities with an emphasis on its role as an actor in promoting economic, social and cultural rights. The article deals also with the relationship between ILO’s activities and globalization, focussing on normative «techniques» used in attempting to rule it.

The Ecumenical Charter giving the lines of conduct meant to improve the co-operation among the Churches in Europe was subscribed both by the President of the Conference of European Churches (KEK) and by the President of the Council of European Episcopal Conferences (CCEE) on 22nd April 2001. The Charter has a fundamental importance for the development of the progress towards Christians’ unity in our continent. As to the function of this document within the canonical regulations it is important to point out that all the obligations have been subscribed by a european episcopal organization. The document respects the fulfillments provided for the statutes, with the approval of the Holy See and it is subscribed jointly with the organization which connects all the other Christian Churches in the continent. The above mentioned elements allow us to think that the Ecumenical Charter has a real legal significance in the canonical regulations.

The interest that the Catholic Church is showing in human mobility is wide and steadily increasing. The sensibility of the Church regarding the above mentioned phenomenon is strictly linked to the full awareness of such a complex situation, which implies the moving away of the migrant person from his own community. All that leads the migrant person to compete with different cultures and traditions. In this way different people have the chance to meet each other and to rediscover many common human values which are deep-rooted in the human being. The wide range of efforts of the pontifical magisterium about the above mentioned topics, as well as the development of many institutional initiatives aim to provide an adequate attention to the needs and to the problems of migrations.

Freedom of religion, protected by the European Convention on Human Rights, includes the realisation of places of worship. The essay shows the legal problems of places of worship in the evolution of State and regional laws, in relation with some international comparison, with the jurisprudence of internal courts, with law projects on fredom of religion.

A recent decision of the Corte di Cassazione (United Sections n. 26810/2007) has stated that internal, deontological, rules of the Professional Orders may come under scrutiny. The reason is that the democratic and pluralistic State cannot blindly subscribe whatever rule a fractional group of the society deems to give to itself. From this descends that the rules above said must be legally considered as an expression of the regulatory power.

The author discusses some topics arising from a book by Lucio Franzese which tackles the relationship between economic order and legal system according to a subsidiarity approach, leading to comply with the nature of thing, in opposition to a «legal geometry», and to insure a true communication between persons.