PRIVACY E PROCREAZIONE MEDICALMENTE ASSISTITA: UNA INDAGINE COMPARATISTICA

Lo studio del tema della procreazione assistita in chiave comparatistica apre nuove prospettive di ricerca, impensabili senza il confronto tra ordinamenti diversi. Ferma restando la diversità delle culture di appartenenza di ciascun sistema giuridico, appare sempre più opportuno — specie in materie di elevata rilevanza personale e sociale come quella qui trattata — valutare l'impatto e l'esito di istituti già in uso in altri ordinamenti, al fine di prevederne la possibile applicazione nel nostro ordinamento. Quello della riservatezza, ad esempio, costituisce un tema con una grande tradizione nel sistema anglo-americano, a noi ancora poco noto. Lo studio condotto ha mostrato l'elevato grado di utilità, anche per risolvere problemi e colmare vuoti di tutela in àmbiti non strettamente connessi con la riservatezza, traendo spunto dalla consolidata tradizione, sia giurisprudenziale che legislativa, radicata nei sistemi di common law del right to privacy: esso ha rappresentato un efficace compromesso nel bilanciamento tra la tutela della libertà di ricorrere alla procreazione assistita ed il benessere psico-fisico del minore nato da fecondazione assistita

LA RESPONSABILITA' PROFESSIONALE DEL MEDICO E DELL'AVVOCATO: UNA RICERCA DI DIRITTO COMPARATO.

The essay focuses the most recent judicial and doctrinal developments about professional liability in Italian and English law in a comparative perspective and examines analogies and differences concerning the nature of professional liability : just contractual or extra-contractual liability? The analysys shows this is a fast moving area of law in each of the considered systems . In Italian law the preference given to contractual protection arises from a favor creditoris perspective with significant consequences in terms of burden of proof of damage.On the other side in English law the qualification of professional liability as tort liability - using the remedies provided by law of torts - fits in the same perspective of favour towards the victim of the illicit conduct

Compensation of victims of miscarriage of justice in a comparative perspective

The research aims to examine the complex and polyhedral topic of miscarriage of justice in two different legal systems. Beginning from the English legal system it is clear that this expression is capable of a number of different meanings. Section 133 of the Criminal Justice Act 1988 provides that the Secretary of State for Justice shall pay compensation ‘when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice’. It was enacted to give effect to Article 14(6) of the International Covenant on Civil and Political Rights 1966, which the United Kingdom ratified in May 1976. The research will pass to explore the same topic in Italian legal system. In Italy judicial wrongs can bring to the review of the sentence and to the compensation of the damage suffered by the victim of the judicial wrong. The rule of art. 630 of criminal procedure code provides for the hypotheses in which a definitive sentence can be revised. After the introduction of art. 533 criminal procedure code - operated by art. 5 of the law 20 February 2006 no 46 - also the criterion of "beyond any reasonable doubt" has become an express rule of Italian criminal process giving rise to the need to coordinate it with other constitutional principles such as the mentioned principle of due process of law. Given that the research focuses about how the application of these criteria must deal with respective specific legal contexts, taking into account, for example, the big gap between the procedures for forming judgments in the different legal systems

An engineered nanosugar enables rapid and sustained glucose-responsive insulin delivery in diabetic mice

Glucose-responsive insulin-delivery platforms that are sensitive to dynamic glucose concentration fluctuations and provide both rapid and prolonged insulin release have great potential to control hyperglycemia and avoid hypoglycemia diabetes. Here, biodegradable and charge-switchable phytoglycogen nanoparticles capable of glucose-stimulated insulin release are engineered. The nanoparticles are "nanosugars" bearing glucose-sensitive phenylboronic acid groups and amine moieties that allow effective complexation with insulin (approximate to 95% loading capacity) to form nanocomplexes. A single subcutaneous injection of nanocomplexes shows a rapid and efficient response to a glucose challenge in two distinct diabetic mouse models, resulting in optimal blood glucose levels (below 200 mg dL(-1)) for up to 13 h. The morphology of the nanocomplexes is found to be key to controlling rapid and extended glucose-regulated insulin delivery in vivo. These studies reveal that the injected nanocomplexes enabled efficient insulin release in the mouse, with optimal bioavailability, pharmacokinetics, and safety profiles. These results highlight a promising strategy for the development of a glucose-responsive insulin delivery system based on a natural and biodegradable nanosugar

Amending un drug treaties to allow member states self-determination

Purpose-This paper aims to analyse the fundamental principles of the main international conventions against use of drug and to verify if it would be preferable to let European Member States adopt specific measures according to own needs at a national level. Design/methodology/approach-The research uses a comparative approach by examining the different national legislations in respect of the discipline of the international conventions for finding analogies and differences between them. Findings-The research has discovered a wide variation in the criteria for triggering a legislative response and in the penalties for non-compliance. Nevertheless, there seems to be a trend towards countries focusing on penalising supply rather than possession of these substances. Research limitations/implications-To maintain a common international level in fighting against the use and commerce of drug to enforce the effectiveness of national regulations. Practical implications-The achievement of a high level of health protection, well-being and social cohesion to prevent and reduce drug use, dependence and drug-related damage to health and society. Social implications-To ensure a high level of security for the general public by taking action against drug production, cross-border trafficking in drugs and the diversion of chemical precursors used in drug production, as well as by intensifying preventive action against drug-related crime through effective cooperation, embedded in a joint approach. Originality/value-This is a fast-moving area of law, which continues to evolve for the different new substances being introduced in international drug traffic, so different solutions to the problem can be found by national legislators who need to be coordinated at an international level

The role of compliance in Italian banking system

Purpose This paper aims to analyze the role of compliance in Italian banking system and to verify its efficiency in terms of protection of stability and credibility of financial institutions, comparing solutions adopted in other European countries. Design/methodology/approach The research uses a comparative approach by examining the different solutions adopted in other European countries for finding analogies and differences between them. Findings The research has discovered a smaller development of Compliance Function in Italian banks, whose compliance risk frameworks are often still in an experimental stage rather than in other systems banks. Research limitations/implications A uniform model in the structure of financial institutions can be adopted to enforce the effectiveness of national regulations. Practical implications To ensure the independence and effectiveness of the Compliance Function, the financial institutions, especially the Italian ones, must pay great attention to the essential elements for good practices, such as a clearly defined apportionment of responsibilities and unambiguous reporting. Social implications The compliance culture must successfully reinforce itself in Italian firms, and for this purpose, it is necessary to persuade senior management that compliance is not a cost that should be minimized. Originality/value The Italian regulatory framework concerning the Compliance Function has represented a challenge for the banking industry, which should undergo a reorganization process focused on a different way of allocating responsibilities, so different solutions to the problem can be found by national legislators who need to be coordinated at an international level