174 research outputs found

    Anti-Money Laundering Measures Versus European Union Fundamental Freedoms and Human Rights in the Recent Jurisprudence of the European Court of Human Rights and the European Court of Justice

    Get PDF
    This article will evaluate whether, and to what extent, preventive measures in the fight against money laundering may limit fundamental freedoms and human rights within the European Union (“EU”). It will analyze two judgments rendered by the European Court of Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights (“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide services enshrined in the Treaty on the Functioning of the European Union (“TFEU”) and human rights. Considering the gravity of the phenomenon, AML measures have gradually emerged as a “European general interest.” The Fourth EU Anti-Money Laundering Directive, which has been recently adopted, displays this compelling need

    Della tratta di donne e ragazze nel diritto internazionale ed europeo: riflessioni sulla nozione giuridica di “sfruttamento sessuale” alla luce della sentenza S.M c. Croazia della Corte europea dei diritti umani

    Get PDF
    L’obiettivo del presente contributo ù di indagare sull’evoluzione della nozione “sfruttamento sessuale” dal punto di vista giuridico nella prassi internazionale ed europea, con specifico riguardo alla sentenza S.M. c. Croazia, decisa dalla Grande Camera della Corte europea dei diritti umani il 25 giugno 2020. La sentenza propone una disarticolazione della nozione di sfruttamento sessuale a scopo di prostituzione da quella di tratta di esseri umani, per ricondurre entrambe nell’ambito di applicazione dell’articolo 4 Cedu. Il contributo elaborerà infine una possibile definizione giuridica di sfruttamento sessuale, che tiene conto dell’elemento dell’assenza del consenso. This Article aims at investigating the evolution of the concept “sexual exploitation” from a legal point of view in international and European practice. It specifically focuses on the judgment in the S.M. v. Croatia case, decided by the Grand Chamber of the European Court of Human Rights on 25 June 2020. In the judgment, sexual exploitation for the purpose of prostitution is disentangled from the concept of human trafficking, and both are deemed to fall under the scope of Article 4 ECHR. The Article will elaborate a possible legal notion of sexual exploitation, which takes into account the absence of consent

    Anti-Money Laundering Measures Versus European Union Fundamental Freedoms and Human Rights in the Recent \ud Jurisprudence of the European Court of Human Rights and the European Court of Justice

    Get PDF
    This article will evaluate whether, and to what extent, preventive measures in the fight against money laundering may limit fundamental freedoms and human rights within the European Union (“EU”). It will analyze two judgments rendered by the European Court of Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights (“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide services enshrined in the Treaty on the Functioning of the European Union (“TFEU”) and human rights. Considering the gravity of the phenomenon, AML measures have gradually emerged as a “European general interest.” The Fourth EU Anti-Money Laundering Directive, which has been recently adopted, displays this compelling need

    The Relevance of Double Nationality to Conflict-of-Law Issues relating to Divorce and Legal Separation in Europe

    Get PDF
    The number of transnational couples, in which spouses have different nationalities or double nationality, or reside in different States, has been increasing in the last years. The aim of this article is to analyse the issue of double nationality in European family law, limiting the scope of research on matrimonial matters. It will be first argued that double nationality is not a new topic in the European Court of Justice (ECJ) case law, starting from the well-known Micheletti judgment. The principle outlined twenty years ago has been recently confirmed in the Hadadi case, regarding the determination of the competent court in divorce proceedings, thus in the field of private international law. It will then be analysed whether situations of double nationality are also likely to occur in conflict-of-laws issues. Reference must be made today to EU Regulation no. 1259/2010 on implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Since situations of double nationality are probable, three solutions will be envisaged, among which a possible «renewal» of the «effective nationality» principle in EU law. This article will finally argue that nationality, a traditional connecting factor well rooted in civil law countries, still resists and may have an important role in the choice of the applicable law by the parties to a dispute regarding divorce or legal separation

    Prologo in Grecia. Premesse della spedizione di Dione in Sicilia

    Get PDF
    In this paper I regard a phase of life of Dion of Syracuse, which can better explain the circumstances of his action in Sicily. Through analytical reading of the pages of Diodorus and Plutarch, we can focus on the two poles of his political activity in Greece: Athens and Corinth. Athens is the place of the platonic paideia, but also the city that in a well-defined time (see some epigraphic documents) attempts to rebuild its international relevance; Corinth is the homeland, that keeps a strong feeling versus tyranny and a look to the West

    LA GENERAL RECOMMENDATION N. 38 DEL COMITATO PER L’ELIMINAZIONE DI OGNI FORMA DI DISCRIMINAZIONE NEI CONFRONTI DELLE DONNE SULLA TRATTA DI DONNE E BAMBINE NEL CONTESTO DELLE MIGRAZIONI GLOBALI

    Get PDF
    Il contributo analizza criticamente, alla luce anche della nozione di sfruttamento sessuale, la Raccomandazione generale del Comitato contro ogni forma di discriminazione nei confronti delle donne (CEDAW) sulla tratta di donne e bambine nel contesto delle migrazioni globali (2020)

    Global Transcriptome and Deletome Profiles of Yeast Exposed to Transition Metals

    Get PDF
    A variety of pathologies are associated with exposure to supraphysiological concentrations of essential metals and to non-essential metals and metalloids. The molecular mechanisms linking metal exposure to human pathologies have not been clearly defined. To address these gaps in our understanding of the molecular biology of transition metals, the genomic effects of exposure to Group IB (copper, silver), IIB (zinc, cadmium, mercury), VIA (chromium), and VB (arsenic) elements on the yeast Saccharomyces cerevisiae were examined. Two comprehensive sets of metal-responsive genomic profiles were generated following exposure to equi-toxic concentrations of metal: one that provides information on the transcriptional changes associated with metal exposure (transcriptome), and a second that provides information on the relationship between the expression of ∌4,700 non-essential genes and sensitivity to metal exposure (deletome). Approximately 22% of the genome was affected by exposure to at least one metal. Principal component and cluster analyses suggest that the chemical properties of the metal are major determinants in defining the expression profile. Furthermore, cells may have developed common or convergent regulatory mechanisms to accommodate metal exposure. The transcriptome and deletome had 22 genes in common, however, comparison between Gene Ontology biological processes for the two gene sets revealed that metal stress adaptation and detoxification categories were commonly enriched. Analysis of the transcriptome and deletome identified several evolutionarily conserved, signal transduction pathways that may be involved in regulating the responses to metal exposure. In this study, we identified genes and cognate signaling pathways that respond to exposure to essential and non-essential metals. In addition, genes that are essential for survival in the presence of these metals were identified. This information will contribute to our understanding of the molecular mechanism by which organisms respond to metal stress, and could lead to an understanding of the connection between environmental stress and signal transduction pathways
    • 

    corecore