JUS - 2018 - 1

Standard Essential Patents (SEP) should be available to other operators on Fair Reasonable And Non Discriminatory (FRAND) terms. But what does “FRAND” really means? As contradictory decisions from various jurisdictions have shown, the most sophisticated objective tests failed to give an acceptable answer to this question. Yet, the infamous theory of just price in the Second Scholastic may have something to tell us. This preliminary study aims at indicating a path for ambitious people to follow. Can we learn more from the subtlety of the late jurist-theologians of Salamanca and from their Ancient World sources than from the apparent obviousness of the modern quantitative sciences?

In this article, the focus is on the family institution, governed by the principles of our Constitution and community principles, in relation to the role of fiscal policy choices. The paper analyzes the current tax system with respect to the family. The latter, in fact, has never arrived at the solidaristic system, but also as one of the strategic economic aggregates both for the production side and for that of expenditure and demand. To these last aspects can not be associated with taxation.

This study is based on unpublished documents found at the Archivio Centrale dello Stato (State Central Archives) in Rome. By sorting these papers the Author has reconstructed the relationship between Giangastone Bolla, a well known jurist, and Fascism, especially in his effort to obtain a personal meeting with Benito Mussolini. Bolla made several attempts like the Rivista di diritto agrario in order to offer cultural support to the Regime. The study allows moreover to speculate, more generally, upon the relations established in Italy from 1922 to 1943 among legal culture and Fascism.

Ten years after the EU directive on temporary agency work was enacted, the author carries out a broad comparison to investigate the process of implementation and the impact on the relevant national legislations. After a thorough comparative analysis of temporary agency work regulation in selected European experiences (France, Germany, Italy, Spain, Sweden, The Netherlands, The United Kingdom), the article focuses upon the two main axes underlying the directive and resulting from the compromise that allowed its adoption: the principle of equal treatment and the review of the restrictions and prohibitions laid down in the law of Member States. The research points out that for the time being the convergence brought about by the directive is still very limited also owing to the several derogations from both the aforementioned principles permitted to the EU Countries. So, the future degree of harmonisation of temporary agency work regulation appears to be in the hands of the European Court of Justice, called to strike the right balance between the two cornerstones of the directive and the scope for derogations left to Member States.

The aim of this article is to analyse the active labour market policies (ALMP) of the Italian juridical system, with particular reference to the “net approach” introduced by the Jobs Act. An overview of the last reforms of the labour market is carried out, with a focus on the development of the rights for the unemployed and the role of the public employment services (PES). In order to understand the positive and negative aspects of the “essential levels of services” offered to the jobseekers, the article deals also with the concept of “net of services” and the importance of the cooperation between national institutions and Regions. Lastly this article deals with the new instrument of “assegno di ricollocazione”, a clear example of the net approach.

The international Monsanto Tribunal – a so-called “opinion Tribunal” – recently delivered a legal opinion which concluded that the activities of the transnational corporation Monsanto have negatively affected different human rights such as the one to a healthy environment, to food, to health, to the freedom indispensable for scientific researches, and that Monsanto is also responsible for complicity in war crimes and for the crime of ecocide. Despite the lack of legal value of this document, it represents a reaction to the inactivity of single States in fighting potentially harmuful behaviour of transnational corporations. At the same time, it deals with different relevant topics such as the role of victims of corporate violence, the corporate criminal liability at the international level and the recent proposal for the introduction of the international crime of ecocide.