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Migration and crime: the international dimension of the problem Funded by: UN. European Money Trails 1, E. Civil Law Legal Authority 3. Intellectual Property Law 4. Sources of the Italian Civil Trial 4. The Civil Procedure Code 4. Further Sources 4. The Telematic Civil Trial 5. Sources of Italian Criminal Law 5. Criminal Law Legislation 5.

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Other Laws of Criminal Law Interest 5. Criminal Law Jurisprudence and Legal Authority 6. Sources of the Italian Criminal Trial B. Portals 1. Institutional Portals 1. Private Portals 2. Search Engines 3. Guides 4. Sites of Legal Interest 4. Parliament, Government and Ministries 4. Organs and Bodies of National Importance 4. Local Authorities and Civic Networks 4. Courts and Judicial Offices 4. European Institutions 4. Universities and Research Bodies 4.

Professional Orders, Associations and Trade Unions 4. Private Initiative Sites 4. Publishing Houses 4. Online Law Journals 4. Law Libraries C. The "Normattiva. The Italian Legal Authority Portal 4. CD-ROMs 5. Mailing Lists and Newsgroups D. Legislation, Case Law and Legal Literature 2. Thematic Information Systems 2. Criminal Law 2. Labour Law 2. Environmental Law 2. Fiscal Law E. Appendices 1. Main Italian Legal Websites 1. Italian Parliament, Government and Ministries 1. Italian Parliament 1.

Italian Government 1. Ministers Without Portfolio 1. Ministers 1. Italian Public Bodies 1. Regions 1. Provinces 1. Communes 1. Judicial Bodies 1. Associations and Labour Unions 1. Traditional and Online Magazines 1. Private Initiative Websites 1. Research Institutions 1. Italian Legal Documentation 1. Parliamentary Acts 1. Legal Authority 1. Web Guides to Italian Law 1. Italian Legal Search Engines and Portals 1.

European Community, Foreign, and International Law 2. Free of Charge Databases Introduction: Italian Legal System On the European Continent, legal systems can be said to have various origins, but in particular, to have descended from classical Roman law, which became with time " jus civile ", and can be distinguished in many ways from the "Common Law". The Italian legal order has two fundamental origins, " jus privatorum " and " jus publicum "; this traditional division of law does not exist in "Common Law" countries with an English tradition.

The former, concerning Private Law, draws its sources from ancient Roman law the " Institutiones ", " Digesta ", " Codex " and " Novellae " and substantially still mirrors those ancient principles today, albeit filtered through the experience of the Medieval and Renaissance jurists the Glossators and Commentators , and later summarized in the French Napoleonic codification of , which in Italy was partially affected by the influx of German Pandectist doctrine.

The latter, concerning Public Law, finds its most direct and modern inspiration in the "Declaration of the Rights of Man and of the Citizen" of , following the French Revolution. It was strongly influenced by the political experience of the Italian Risorgimento, partially incorporated in the Constitution of the State of the Piedmont, promulgated on 4 March by Carlo Alberto of Savoy the so-called Statuto Albertino , and finally fully expressed in the Republican Constitution in force today.

The description above provides a general outline of the system up to the promulgation of the new Italian Constitution in , which imposed a different and updated approach and interpretation of the old rules, influencing in a decisive manner the order of the powers of the individuals and of the State and, above all, the relationship between the citizens and the State. Furthermore, it also forced the latter to intervene strongly in the economic field. It is usually said that the Italian Constitution is a compromise between the thrust for the simplified popular idea of justice deriving from 19 th century socialist ideas and the innate natural law aspiration of religious Catholic origin.

The Italian Constitution, which came into force on 1 January , clearly states that the rights of individuals exist and are protected, but directs their exercise towards the benefit of the entire collectivity, according to the principle, also dear to early French Constitution makers, that the individual is everything in society but is nothing without it. It is the whole constitutional framework that, for the purpose of fully implementing the project for a new society, takes the doctrine formulated by Montesquieu as its own and clearly separates legislative, executive and judicial Powers, giving each its own precise rules and autonomy.

An English translation of the Italian Constitution text , revised and updated to , is in A. Tschentscher ed. This translation has been realized for International Constitutional Law ICL , a scientific organization that translated also other Constitutions in the world, providing a special kind of cross references among different constitutional texts. The Italian legal system, as founded on Roman and Germanic traditions and based on the written laws value, is a "Civil Law system".

It is deeply different from the legal system of the English-speaking countries so called "Common Law systems" , developed by royal courts of justice and basically structured as a "Jurisprudencial Law", in which just the judges make law, binding by means of their sentences the following judicial decisions. The "Corte Costituzionale" [Constitutional Court] exercises control over the constitutional legitimacy of laws. On August 8th , the Senato approved a historical reform of its structure and powers. It had to be the first step of the constitutional reform process. The negative response of the Constitutional referendum stopped this aim in December Judicial Power is exercised by magistrates distinguished in functions and competencies as follows.

Any Judge can refer a case to the Constitutional Court. It is to be pointed out that Italy, following European member States trends, starting from publishes paper and online editions of the Gazzetta Ufficiale considering both versions of published legislation paper and electronic as legally binding. With respect to the online edition it is worthwhile knowing that every single page of it can be downloaded individually and since 1 January in toto and that only the free-of-text format is free of charge. The authenticity of the Gazzetta Ufficiale is guaranteed through electronic signature.

The certified PDF edition has been available since January 1, The Ministry of Justice Directorate of Information Systems is responsible for archiving the Legal Gazette before the publication of the electronic edition. The "Codice dell'amministrazione digitale" Code for digital administration is the legal basis for archiving electronic official texts in general, although not specifically for the Gazzetta Ufficiale.

Regarding the last constitutional reforms, a brief synthesis of their development is offered by the Dipartimento per le Riforme Istituzionali Institutional Reforms Department. Printed Sources of Italian Law Considered as a whole, legal information is basically made up of three main elements: legislative data, case law data and legal authority data. Naturally, this does not exclude the fact that there is a large quantity of different data, which is very important for legal purposes, such as administrative acts, notices, circulars and so on.

Here, however, for the sake of our presentation, the paper-based instruments relating to the dissemination of these data will not be taken into consideration but, rather, the analysis of the paper-based sources will be limited to the three main types of sources indicated above. The concise treatment of the subject, which follows separately, deals with Italian legislation, case law and legal authority leaving aside, that is, the specific nature of the individual branches of the law.

Some special mention will only be made in relation to the main divisions of Italian law, namely, Civil La w, Criminal Law and Public Law. Legislation Legislative data are collected into tools, which can be divided into two categories: I those, which contain the text of the legislative measures and II those, which contain the legislative references. I Both official and private publications belong to the former category.

The brief presentation following here is based on this distinction. Among the official publications, we wish to cite the "Gazzetta Ufficiale della Repubblica Italiana", the "Raccolta Ufficiale degli atti normativi della Repubblica Italiana" and the"Bollettini ufficiali regionali". The "Gazzetta Ufficiale della Repubblica Italiana", published by the "Istituto Poligrafico e Zecca dello Stato", represents the most popular collection.

It publishes not only all the legislative acts, but also Community and Regional sources, as well as the decisions and orders of the Constitutional Court and government circulars. For a systematic search, monthly and annual indexes are also available which enable the user to identify the act on the basis of the date of its adoption, the number of the measure and the subject matter that has been regulated.

The "Raccolta Ufficiale degli atti normativi della Repubblica Italiana", again published by the "Poligrafico dello Stato", contains the texts of Italian legislative measures set out in order of the number of their insertion in the collection and it is provided with annual indexes. The "Bollettini ufficiali regionali" constitute a collection of legislative acts passed by the legislative bodies of the twenty Italian Regions in Sicily, a Region under a special Statute, the collection is called "Gazzetta Ufficiale".

They collect also general administrative acts, such as "regolamenti". Private publications are madeup of special periodical journals, which publish legislative material in various forms. They have chronological, numeric and subject indexes and moreuser-friendly tools compared to the "Gazette" and the "Bollettini ufficiali". Withinthis category, we shall only mention Lex. This legislative collection, edited by the UTET publishing house of Turin, contains State legislative acts, parliamentary reports, ministerial instructions, Regional laws and the legislative acts of the European Communities.

II Tools for consultation which do not contain legislative texts but only references to them belong to the latter category mentioned earlier. From the typological point of view, we can distinguish the publications which are set out in the following: Digests are made up of special periodical journals containing lists of legislative acts and also " massime " case law abstracts and bibliographies relating to legal authority.

Usually, these are accompanied by chronological, numeric and subject indexes. The Appendices to Encyclopedia Headings , usually provided in order to complete every topic covered, contain information dated at the time the heading was compiled, but they have the advantage of being systematic and authoritative because they are prepared by specialists on the subject.

Knowledge of this intention, in fact, whilst not decisive in the interpretative construction of a provision, may be of great help in understanding its original meaning. Among the Atti parlamentari published, in paper-based form, by the Italian Chamber of Deputies and Senate, the main ones are Proposte e disegni di legge and Bollettino delle Giunte e delle Commissioni parlamentari. Jurisprudence As far as jurisprudential data are concerned, the user gains knowledge about them through a good many tools for their dissemination set out here in accordance with their type.

Journals: Some journals are, exclusively or mainly, specialized in publishing decisions and other judicial measures. In these, each decision is usually preceded by a "column" which identifies, through "Headings" and "Sub-headings", the subject to which it refers for example, "Sale", "Renting", "Tender", etc. Two monthly journals - Il Foro italiano Zanichelli, Bologna and La giurisprudenza italiana UTET, Turin - publish considerable numbers of decisions and other measures issued by judicial authorities of different kinds: Community, constitutional, civil, criminal and administrative case law are divided into special sections.

The journal Giurisprudenza di merito is, instead, specialized in the publication of the decisions of the Magistrate's Courts, the Courts and the Courts of Appeal. The characteristics of these works are the annual frequency of their publication and the fact that they contain subject indexes, under whose headings the lists of the sources held to be in force are set out, together with the bibliographical details of the different law journal articles published during the year under consideration as well as the "massime" of the decisions, often with references to the Journals where they are published in their entirety.

Other indexes of the published case law material include a chronological index and an index of the names of the parties in the legal actions. One characteristic element which distinguishes " Repertori " or " Massimari " from law Journals is the fact that, in the former, only the "massime" case law abstracts of the decisions are published, whereas the latter also give the text of the decisions of greatest interest, often accompanied by a case note or references to judicial precedents, becoming, in this way, useful supplementary tools.

Also, in this case, there are more general and more specialised Journals. Legal Authority There is a very vast amount of scientific material, found in handbooks, encyclopedias, journals, treaties and monographs. Digests and Bibliographies prove to be useful tools for consultation. Also, we must point out that there are various kinds of these tools, both general and specific, taking the shape of appendices to larger works, as in the case of Encyclopedias and legal Dictionaries as we saw above, in relation to legislative data , or autonomous works.

Napolitano In this work, all the articles, which have appeared since , in the journals examined, are classified on the basis of a special index, as well as law books published since Bibliographical Guides: A panorama of bibliographical guides at the international level can be found in the Sistema della bibliografia giuridica.

Strumenti e metodi della ricerca bibliografica per la scienza del diritto , published by A. Other bibliographical guides of a general nature are: Introduzione alla ricerca dei dati giuridici , editedby G. Armani Garzanti, Milan, ; the same author has also written Come si cerca il diritto. La ricerca di leggi, giurisprudenza e letteratura attraverso biblioteche, bibliografie e banche dati. Strumenti e metodi Maggioli, Rimini, , in which there is a very long list of Italian law journals; A.

Meloncelli, Come si cerca il diritto Maggioli, Rimini, ; G. Pascuzzi, Cercare il diritto Zanichelli, Bologna, Dictionaries: We shall only mention some of the more recent: the Dizionario enciclopedico del diritto , diretto da F. Encyclopedias: In legal encyclopedias, individual subjects are subdivided into "entries", set out in alphabetical order and containing an extended treatment of the single issues dealt with in relation to the various branches of the law. The Italian Constitution The fundamental law of the Italian State is represented by the Constitution, published in a special issue of the Gazzetta Ufficiale della Repubblica on 27 December and coming into force on 1st January The text of the Constitution comprises articles and is subdivided into four parts: "Fundamental Principles", "Rights and Duties of Citizens", "Organisation of the Republic" and "Transitional Provisions".

The so-called "Transitional Provisions" can be found in 18 articles, all listed with Roman numbers. Among the English translations of the text of the Italian Constitution, we shall only mention a few here: The Constitution of the Italian Republic. Italy , edited by A. Blauistein and G. Flanz Vol. An English translation of the text of the Italian Constitution , revised and updated to , can currently be found in A. It is a translation, prepared by the International Constitutional Law ICL , a scientific organisation that also translates other material relating to constitutional documents, providing a series of cross references aimed at enabling a user to easily and rapidly compare texts dealing with the same topic.

The Commentario della Costituzione, in 35 volumes ,edited by G. Branca and A. Pizzorusso Zanichelli, Bologna , is still today the most extensive treatise on Italian Constitutional Law. The most updated publications are: Commentario alla Costituzione, edited by R. Bifulco, A. Celotto, M. Bartole, R.

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The work consists of a thorough study, updated with recent reforms. Constitutional Laws After its promulgation, the Italian Constitution was integrated with numerous Constitutional Laws, passed within the period between and For a detailed list of the laws amending the Italian Constitution, as well as the articles of the Constitution "etched into" by Constitutional laws, it is advisable to consult the Web site of the Constitutional Court of the Republic of Italy , which can be consulted in five languages English, French, German, Italian, Spanish , and the website Consulta online.

In particular, the Law 23 November , No. For many issues, the need was widely felt for legislative regulation laying down proper criteria for fully implementing the reform. In this perspective, the Law 5 June , No. Among the other more recent innovations, we would like to mention here: a. Constitutional Law 30 May , No. Law 20 June , No. Law 2 October , No. Law 20 April , No. Acts of the Constituent Assembly The preparatory works on the Constitution of the Republic of Italy deserves separate discussion. The Atti dell ' Assemblea costituente were published immediately after the conclusion of the work of the Assembly: three volumes were dedicated to the work of the Commission in accordance with the way it was divided internally Constituent Assembly and Commission for the Constitution , while eleven volumes collect the debates Atti dell ' Assemblea costituente , Discussioni.

The initial proposals and reports presented to the Commission for the Constitution were only edited as "proofs". See also the database created by the Chamber of Deputies. Only in an actual analytical index was created M. De Siervo, Il Mulino, Bologna, , regarding the second edition of the Acts, edited by the Chamber of Deputies in La Costituzione della Repubblica nei lavori preparatori dell ' Assemblea costituente.

Other Laws of Public Law Interest Apartfrom the official publications and those of a private nature already mentioned with reference to legislation in general, we can indicate here the various "Codes" of constitutional and administrative laws, comprising collections of more frequently used legislative sources, created by experts in the material in different sectors of interest.

These legislative collections are not, of course, to be confused with the six proper Italian Codes, which collect together the fundamental rules in force within the field of civil law, civil procedure, administrative procedure, criminal law, criminal procedure and navigation. Amongthe most up-to-date texts, we shall only mention here: the Repertorio amministrativo dello Stato , edited by L. Roversi Monaco Maggioli, Rimini, ; Le leggi fondamentali del diritto pubblico e costituzionale , edited by M.

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    Carducci with L. Pagano Simone, The Dizionario di diritto pubblico , directed by S. It has to be mentioned even the Digital Administration Code CAD , one of the most important legislative text concerning the implementation of the information society in Italy, introduced by legislative decree no. Lgs no. Thanks to the d. The Code, which was reformed in with the d.

    Public Law Jurisprudence Apart from the case law sources mentioned with reference to Italian law in general, we would like to make note of the following among the specialised Digests: the Repertorio delle decisioni della Corte costituzionale , edited by N. There are many public law journals. Public Law Legal Authority Handbooks: Apart from the encyclopedias and dictionaries we have already cited in the part relating to Italian law in general, institutional handbooks of constitutional, parliamentary and administrative law represent important reference works for learning about Italian public law.

    For Constitutional Law, the following are among the most recent and important handbooks: T. Martines a cura di G. Barile, E. Cheli, S. Rescigno, Corso di diritto pubblico , Zanichelli, Bologna, ; R. Bin, G. Pitruzzella , Diritto costituzionale , Giappichelli, Turin, ; P. Caretti, U. Barbera, C. D'Atena, Lezioni di diritto costituzionale , Torino, Giappichelli, For Parliamentary Law, reference should be made to: A. Ciaurro, V. Lupo, L. Gianniti, Corso di diritto parlamentare , Bologna, ; T. Martines, G. Silvestri, C. De Caro, V. Lippolis, R. Cicconetti, Diritto parlamentare , Giappichelli, Turin, ; E.

    Colarullo, La rappresentanza politica e le forme di governo , Giappichelli, Turin, For an overall but concise view of Italian Administrative Law, the following can usefully be referred to: F. Cassese, Le basi del diritto amministrativo , Einaudi, Turin,;and V. Italia, G. Landi, G. Potenza, Manuale di diritto amministrativo , Editori vari, ;V. Sorace, Diritto delle amministrazioni pubbliche.

    Una introduzione , Il Mulino, Bologna, ; F. Scoca a cura di , Diritto amministrativo , Giappichelli, Turin, ; G.

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    Corso, Manuale di diritto amministrativo , Giappichelli, Turin, ; E. Casetta F. Caringella, Manuale di diritto amministrativo , Dike Giuridica, Rome, From the point of view of the legal history of Italian public law, the work entitled Il Parlamento italiano. In choosing one edition rather than another, the accuracy of the transcription of the official text, its updating with the later provisions of repealing laws or the amendment of individual articles and with the abrogating decisions of the Constitutional Court and the selection of the main special laws found in the appendix to the Code must all be kept in mind.

    Bonilini, M. Confortini and C. Granelli, who have, in turn, coordinated more than one hundred authors, chosen among the greatest experts in the various sectors of civil law. The work, published in and only available on CD-ROM, contains comments on all the articles of the Civil Code updated with the introduction of the most recent legislation and case law.

    Special attention is paid to the articles of Book V, the object of the recent company law reform, in force since 1st January , including the Ministerial Report by way of explanation and comment. Commentaries: Furthermore, there are editions of the Civil Code in which, in correspondence to each article, information is briefly given on the main trends in case law and legal authority.

    Among these, we would only like to mention here the Commentario al Codice civile by P. Cian and A. Preparatory works: For a detailed view of civil law matters through knowledge about the preparatory work behind the drafting of the Civil Code, it is necessary to consult the work in six volumes by Pandolfelli, Scarpello, et al. Other Laws of Civil Law Interest Here, reference should be made to a specialized journal entitled Le nuove leggi civili commentate CEDAM, Padua , which publishes, on a quarterly basis, a selection of legislative instruments relating to the material, supplementing them with in-depth comments relating to both the laws as a whole and to the individual articles of which they are composed.

    Private Collections of Thematic Legislation Also in the field of private law, there are additions to periodical publications which, under the general name of "Codes", collect together all the legislation relating to specific topics, such as renting "Code of Renting" , labour "Code of Labour Laws" , etc. Civil Law Jurisprudence With specific reference to civil law case law, there are Journals and "Massimari", Digests and Reviews, edited by the major Italian publishing houses specialised in this legal domain.

    Other journals specialised by subject matter dedicate a special section to the publication of decisions relating to that subject matter. The Reviews are characterised by the fact that they contain a logical and systematic description of the case law. Two large works, published in many volumes but still a long way from completion, need to be mentioned in specific reference to civil law matters: I grandi orientamenti della giurisprudenza civile e commerciale CEDAM, Padua and Giurisprudenza sistematica civile e commerciale UTET, Turin.

    Branca, G. Alpa, Istituzioni di diritto privato Zanichelli, Bologna, ; P. Rescigno, Manuale del diritto privato italiano Jovene, Naples, ; A. Trabucchi, Istituzioni di diritto civile edited by G. Schlesinger, Istituzioni di diritto privato edited by F. Anelli, C. The following works are dedicated to commercial law as a subdivision of private law: G. Graziani, G. Minervini, U. Belviso, Manuale di diritto commerciale Morano, Naples, ; F. Galgano, Diritto commerciale. Ferri, Manuale di diritto commerciale edited by C. Angelici, G. Instead,the following have labour law as their specific: G.

    Mazzoni, A. Mazzotta, Manuale di diritto del lavoro Cedam, Padua, Treatises: Theseare mainly aimed at those practising the law judges, attorneys, public notaries, etc. Within the ambit of the vast amount of literature existing on the Civil Code, we recommend: F. Galgano, Diritto civile e commerciale up-dated by N. The series of volumes by different authors, organised on the basis of a plan, which provides for overall coverage of the disciplinary area under consideration also belong to the category of Treatises.

    In this regard, we are able to cite several works of great scientific importance as well as having a considerably broad coverage although all still remain unfinished : the Trattato di diritto civile e commerciale , directed by F. Corsi, A. Cicu and F. Grosso and F. Other Treatises have for their object only some of the specific sectors within civil law, such as the Trattato di diritto commerciale e di diritto pubblico dell ' economia , directed by F. Riva-Sanseverino and G. Commentaries: are distinguished from Treatises in that, being specifically directed towards the needs for interpreting and enforcing the law, they follow, article by article, the order of the legislative text examined.

    The most widely used work among lawyers practising Italian private law is, undoubtedly, the Commentario del codice civile Scialoja e Branca , directed by F. Furthermore, we must point out here the Commentario del codice civile directed by E. Encyclopedias: In general legal Encyclopedias, the single topics of interest to the civil lawyer are also dealt with and subdivided under "headings", set out in alphabetical order and containing a broad treatment of the individual themes being examined.

    For the main encyclopedias, see those that have already been discussed here in relation to Italian law in general. Thereare also numerous journals specializing in specific sectors of private law. Monographs: Monographs, usually published as part of a "Series" of specialised publications edited by University Faculties or scientific Institutes, deal in-depth with specific themes within the branch of the law under consideration.

    Because they are the result of legal research, they play an essential role in setting out in a systematic fashion the problems dealt with on each occasion, proposing paths for investigation and, sometimes, even methods and original solutions. Volumes, which collect together the contributions of more than one author or the Proceedings of Conferences, may also be of a monographic kind, in the sense of referring to a single main topic.

    Intellectual Property Law According to the common systematics, the intellectual property - its rules and its instruments of protection - is structured in 2 parts: the industrial property and the copyright. The first one protects any kind of inventions, in every field of technology, which are new, involve an innovative step and are susceptible of industrial application art.

    The second one safeguards every kind of intellectual creations, regarding music, literature, figurative arts, theatre and cinema, regardless of any form or way of expression art. The regulation of the intellectual property in the Italian system comes from three sources: 1.

    EU's rules As regards the internal rules, the industrial property law is regulated by the Industrial Property Code d. The Code is structured in eight parts and contemplates several kinds of industrial patents and trademarks. As regards the international conventional rules, in Italy signed the European Patent Convention and joined the E. European Patent Organization.

    As regards the EU's rules, we have to distinguish between the trademark regulation and the patent one. On the one hand, the EU introduced a European common regulation of trademarks in The current regulation of the EU trademark is provided by CE reg. On the other hand, any EU's common regulation has come into force yet about industrial patents.

    Since , the UE's Council started an enforced cooperation about industrial property law and industrial patents in particular. Therefore, reg. Italy joined the enforced cooperation about the European uuniform patent regulatioon in September Further Sources Several other special laws regulate the Italian civil trial in specific matters. The Civil Code, first of all, contains many rules about the jurisdictional protection of rights artt.

    Then, Law n. We can remember Law n. All the just mentioned sources are out of the Code and regulate the Italian civil trial in specific matters. The goal of the PCT is to develop a complete system of informatic instruments, rules and proceedings in order to allow the informatization of the civil trial.