COMPARATIVE LAW AND THE PROCESS OF DE-JURIDIFICATION: THE JOINT-EMPLOYMENT LAW CASE IN LABOUR LAW

The process of de-juridification is, in some respects, ambiguous and paradoxical. While in certain areas, we see a proliferation of detailed legislative regulations, in others, we detect tendencies pointing in the opposite direction. One of the most interesting cases is that of labor law, where both tendencies emerge. Recent reforms in many European countries show a trend towards a relaxation of rules, inspired by the aim to stimulate growth in employment. In this context, the newly-introduced concept of \u201cjoint employment\u201d plays a pivotal role. The process of de-juridification clearly invests labor law, in particular within enterprise networks, where arrangements under joint employment seem to give the parties of a commercial contract the highest standard of contractual freedom. This social phenomenon is not therefore regulated by detailed legislative provisions, but simply through non-specific norms inspired by general goals. In considering several recent reforms of labor law in European countries, in this paper, we aim to determine the real level of de-juridification currently present within traditionally rigid legislative system

Contratto a termine, somministrazione e diritto europeo = Term contract, administration and European law. WP C.S.D.L.E. “Massimo D’Antona”.IT – 391/2019

The intention of this essay is to consider the reforms in the field of fixed-term contracts and agency work introduced by the "decreto dignità" as a basis for evaluate the ratio of the new Italian law (which is particularly regressive) in comparison with the European approach to temporary work. Through the examination of the three directives on the fixed-term employment, part-time and agency work, it has been tried to identify, at the same time, lines of convergence and divergence with specific reference to the question relating to the regulation of "temporary work", and to the prevention of "precariousness"

Il controllo (del datore di lavoro) sull'attivit\ue0 dei lavoratori: il nuovo articolo 4 St. lav. e il consenso (del lavoratore)

The Author examines the issue of the role of the consent in exercising \u201ctechnological controls\u201d on employees. The study moves away the construction of new Article 4 of the \u201cWorker\u2019s Statute\u201d (Law no. 300/1970) on the part in which, in particular, it allows the control of working tools. In the second part it is taken in consideration the interaction of the \u201cWorker\u2019s Statute\u201d with the Italian Data Protection Code (D. Lgs. 196/2003) and the result highlights some regular anomalies spe-cifically with regards to the consent to the treatment of sensitive personal data

Synergies of planning for forests and planning for Natura 2000: Evidences and prospects from northern Italy

Improvements in the management of Natura 2000 sites are essential to achieve the targets set out by the Habitats and Birds Directives of the European Union. A current focus is on the development of management plans, which are fundamental instruments in the implementation of conservation measures. This study explores the viability of using existing forest plans to assist in this purpose. As case study, we consider the regulatory framework of the Veneto Region, northern Italy. We collected quantitative and qualitative data on forest plans at the regional and at three sub-regional spatial scales: local, district, and biogeographical. Forest plans cover about 54% of the terrestrial area of Natura 2000 sites in Veneto, and 75% of Sites of Community Importance in the Alpine biogeographical region. At the local scale of analysis, metrics from forest plans represent a valuable historical record which can be used to interpret the current state and future trends, especially for forests with long management records. These data can be used to assess biodiversity indicators for the monitoring of Natura 2000 forest and non-forest habitats, in compliance with Article 17 of the Habitats Directive. Moreover, the heterogeneous stand conditions which are promoted by some forest management approaches can improve the conservation efforts for some habitats and species. The scale of local forest plans are typically the most appropriate for implementing habitat management strategies. From this study, we conclude that management authorities should take advantage of the wide spatial coverage and distribution of existing forest plans, especially in mountain areas inside and outside the Natura 2000 network, for the successful conservation of European Union habitats and species

Contratto a termine, somministrazione e diritto europeo

Lo scritto \ue8 destinato al volume di prossima pubblicazione a cura di F. Basenghi, A. Russo, I. Senatori, Nuovi scenari per il diritto del lavoro? Continuit\ue0 e rottura tra il Jobs Act e le riforme del \u201cgoverno del cambiamento\u201d. The intention of this essay is to consider the reforms in the field of fixed-term contracts and agency work introduced by the "decreto dignit\ue0" as a basis for evaluate the ratio of the new Italian law (which is particularly regressive) in comparison with the European approach to temporary work. Through the examination of the three directives on the fixed-term employment, part-time and agency work, it has been tried to identify, at the same time, lines of convergence and divergence with specific reference to the question relating to the regulation of "temporary work", and to the prevention of "precariousness"

I monasteri delle clarisse a Cagliari e Oristano (secoli XIV-XVI). Fondazione, ruolo sociale, patrimonio artistico

ITALIANO: L’articolo si focalizza sui monasteri di clarisse fondati tra XIV e XVI secolo nelle città di Cagliari e di Oristano: la prima capitale del regno di Sardegna catalano-aragonese poi spagnolo, la seconda capitale del regno o “giudicato” di Arborea, inglobato nel regno di Sardegna a partire dal 1420. Queste due città furono le prime, nell’isola, ad avere un monastero di clarisse. Di questi monasteri l’articolo ripercorre le origini, le principali vicende e il ruolo sociale. Si sofferma, inoltre, sul superstite patrimonio artistico medievale conservato nella chiesa clariana di Oristano e sulle architetture di epoca moderna dei monasteri cagliaritani. / ENGLISH: The article focuses on the monasteries of Poor Clares founded between the 14th and 16th centuries in the cities of Cagliari and Oristano: the first one was the capital of the catalan-aragonese Kingdom of Sardinia, the second one was the capital of the kingdom or “giudicato” of Arborea, incorporated into the Kingdom of Sardinia in 1420. These two cities were the first, in the island, to have a monastery of Poor Clares. The article traces the origins of these nunneries, the main events and their social role. It focuses also on the surviving medieval heritage in the Clarian church of Oristano and on the modern age architecture of the nunneries in Cagliari

The role of digitisation in employment and its new challenges for Labour Law Regulation. The Hungarian, Italian and Spanish solutions, comparison, and criticism

The study comprehensively presents the main effects of digitisation. Due to its complexity, digitisation affects the employment and labour markets in different ways. It partially changes working conditions, brings to life new forms of employment and, as a result of the development of technology, professions disappear. Thus, all this necessarily poses different challenges to the legislation. The forms of work in the gig economy – which was brought to life by the online space – cannot be classified as a traditional legal framework. Teleworking has been absolutely valorised by the coronavirus pandemic. Looking to the near future, after the end of the pandemic, teleworking is expected to play a much more significant role in the labour market. The study presents the marked forms of digitisation that have emerged in employment and summarises its supranational legal issues. It also presents the digitisation characteristics of Hungary, Italy and Spain. It examines how legislation and the judiciary have provided answers to the issues of digitisation. Consequently, the study analyses three main trends: the impact of digitalisation in general, telework, and the gig economy, with special regard to the categorisation of workers (employees, selfemployed and possible third categories in between). The study argues that the concept of ‘employment relationship’ has to be interpreted in a much broader way; general guarantees must be valid for all forms of work performed by people in economic dependence and in a state of economic weakness

Palatability of \u3cem\u3ePsolarea\u3c/em\u3e spp. Accessions Offered as Micro-Swards to Dairy Sheep

Psoralea bituminosa C.H. Stirton (syn. Bituminaria bituminosa L.) is a perennial legume usually considered of low palatability because of the strong smell that can be emitted by oil glands located on its foliage. However the nutritive value of P. bituminosa in terms of forage composition and digestibility was proven similar to or even better than that of other legumes. The aerial part of this species may contain a high concentration of furano-coumarins, out of which psoralen and angelicin are the most abundant (Pecetti et al. 2007). These substances could be harmful to animals, being responsible for contact photodermatitis, in addition to possibly limiting forage intake. Nevertheless there are some examples of the utilisation of P. bituminosa either as green or dry forage. In the Canary Islands, it is grazed all year and also is collected from late spring to mid-summer to make hay used to feed goats (Ventura et al. 2009). In Israel P. bituminosa is grazed by cattle in particular in mid-spring, when the principal grasses become less palatable. In late spring, when the herbaceous species dry up, P. bituminosa becomes the only species with green leaves and cattle graze the whole plant intensively (Sternberg et al. 2006). The potentiality of Psoralea as forage species for dairy sheep is less known. For that reason an experiment was carried out to evaluate the propensity of Sarda dairy sheep towards different accessions of Psoralea spp. using the micro-swards method (Orr et al. 2005)

Responsible innovation at work: gamification, public engagement, and privacy by design

Public engagement is crucial to strengthen responsibility frameworks in highly innovative contexts, including as part of business organisations. One particular innovation that calls for public engagement is gamification. Gamification fosters changes in working practices to improve the organisation, efficiency and productivity of a business by introducing gratification and engagement mechanisms in non-gaming contexts. Gamification modifies the workforce’s perception of constraints and stimulates the voluntary assumption of best practices to the benefit of employees and enterprises alike. Here, we broadly discuss the use of gamification at work. Indeed, gamification raises several concerns about privacy, due to the massive collection, storage and processing of data, and about the freedom of employees: as the level of data protection decreases, so too does workers’ self-determination. We argue that the implementation of privacy by design can not only strengthen autonomy via data protection but also develop more viable instances of RRI in accordance with human rights

Effects of different fat-enriched concentrates on fatty acid profile of cheese from grazing dairy sheep

A trial on different fatty acid supplementation was run in grazing dairy sheep. Forty-eight lactating Sarda ewes were randomly allocated to four homogeneous groups: PAS, control group grazing for 22h/d without supplementation; NOF, group supplemented with a cereal based non-fat enriched concentrate; C182, group supplemented with a concentrate rich in sunflower seeds; and C183, group supplemented with a concentrate rich in linseeds. The results showed that the concentrates, based on oilseeds from both sunflower and linseed sources determined high C18:1 t11 and CLA c9 t11 cheese fat content. Moreover linseeds supplementation improved the concentration in the cheese of other beneficial fatty acids such as LN and PUFAω3