Part III Prospectus Liability and Litigation, 22 Italy

2020 ◽  
Author(s):  
Giudici Paolo
Keyword(s):  
General Framework ◽  
Main Issue ◽  
The Public ◽  
Securities Law ◽  
Italian Law ◽  
Prospectus Liability ◽  
The Eu

This chapter focuses on Italian law. Italian securities law refers to ‘prospectus’ as the document that has to be published when there is an offer to the public of transferable securities and units issued by collective investment undertakings of the closed-end type, an offer of any other type of financial product or, finally, a request for admission to trading on a regulated market. The prospectus is the document that is drafted in accordance with the EU Prospectus Regulation. The scope of Italian prospectus regulation is moreover wider than the scope of the EU Prospectus Regulation. Prospectus liability in Italy is today governed by specific rules that incorporate many of the issues that were debated by scholars and courts before the enactment of those specific statutory rules. Currently, the main issue seems to be whether those statutory rules express principles to be applied to all forms of material misstatements or omissions to the market, or are just a part of the general framework concerning liability to the market.

scholarly journals Takeover Regulation- through the Regulatory Looking Glass

2007 ◽  
Vol 8 (4) ◽  
pp. 381-412 ◽  
Author(s):  
Blanaid Clarke
Keyword(s):  
Capital Market ◽  
Action Plan ◽  
Company Law ◽  
The European Union ◽  
The Public ◽  
Securities Law ◽  
Market Participants ◽  
Takeover Bids ◽  
Looking Glass ◽  
The Eu

As the Action Plan on Modernising Company Law and Enhancing Corporate Governance in the European Union (2003) makes clear, the EU has sought to develop company and securities law as vital pillars of an overall attempt to improve Europe's international competitiveness. An important part of this is the creation of an integrated capital market in the EU. The regulation of takeover bids was deemed to be a key element of such an integrated market. This paper will focus on Directive 2004/25/EC on Takeover Bids and will seek to examine it under the regulatory microscope. It is too early to make a complete judgment about the Directive's effectiveness as a regulatory mechanism as this would involve determining whether it achieves its goals, secures high levels of compliance from Member States and market participants and is democratically accountable to the extent that its provisions affect the public interest. It is however possible to reflect upon some of its potential strengths and failings in respect of these criteria.

scholarly journals Are We Ready for the Arrival of the New COVID-19 Vaccinations? Great Promises and Unknown Challenges Still to Come

Vaccines ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 173
Author(s):  
Davide Gori ◽  
Chiara Reno ◽  
Daniel Remondini ◽  
Francesco Durazzi ◽  
Maria Pia Fantini
Keyword(s):  
Herd Immunity ◽  
The Elderly ◽  
Vaccine Hesitancy ◽  
Current Crisis ◽  
Complex Issue ◽  
The Public ◽  
The Social ◽  
To Come ◽  
Vaccination Campaigns ◽  
The Eu

While the SARS-CoV-2 pandemic continues to strike and collect its death toll throughout the globe, as of 31 January 2021, the vaccine candidates worldwide were 292, of which 70 were in clinical testing. Several vaccines have been approved worldwide, and in particular, three have been so far authorized for use in the EU. Vaccination can be, in fact, an efficient way to mitigate the devastating effect of the pandemic and offer protection to some vulnerable strata of the population (i.e., the elderly) and reduce the social and economic burden of the current crisis. Regardless, a question is still open: after vaccination availability for the public, will vaccination campaigns be effective in reaching all the strata and a sufficient number of people in order to guarantee herd immunity? In other words: after we have it, will we be able to use it? Following the trends in vaccine hesitancy in recent years, there is a growing distrust of COVID-19 vaccinations. In addition, the online context and competition between pro- and anti-vaxxers show a trend in which anti-vaccination movements tend to capture the attention of those who are hesitant. Describing this context and analyzing its possible causes, what interventions or strategies could be effective to reduce COVID-19 vaccine hesitancy? Will social media trend analysis be helpful in trying to solve this complex issue? Are there perspectives for an efficient implementation of COVID-19 vaccination coverage as well as for all the other vaccinations?

scholarly journals Snus and snus-like nicotine products moving across Nordic borders: Can laws protect young people?

2021 ◽  
pp. 145507252199570
Author(s):  
Marjut Salokannel ◽  
Eeva Ollila
Keyword(s):  
Public Health ◽  
Young People ◽  
Health Impact ◽  
The Public ◽  
European Court ◽  
Wide Availability ◽  
Personal Use ◽  
Health Studies ◽  
High Level ◽  
The Eu

Background: Use of snus and snus-like nicotine products is increasing, in particular among young people, in several Nordic countries and Estonia, while snus is legally on the market only in Sweden and Norway. Snus is available in a great variety of tastes and packaging particularly catering for young users. Recently, strong snus-resembling nicotine pouches have emerged on the market. This research investigates the regulatory means to counteract this development. Methods: European Union (EU) and national tobacco control legislation, case law of the European Court of Justice (CJEU) and relevant public health studies are analysed. Results: The research finds that the judgement of the CJEU relating to the sale of snus on Finnish ferries has not been enforced. Permitted large traveller imports for personal use have contributed to wide availability of snus in Finland. Even if the legislation in Sweden is in conformity with the exemption it obtained in the Accession Treaty, the public health impact of snus use for young people in its neighbouring countries has become considerable. Nicotine pouches, -which are not regarded as medical products in terms of medicine legislation, lack harmonised EU-wide regulation. Controlling smuggling across open borders is challenging. Conclusions: The legislation at the EU and national levels should be able to protect young people from new tobacco and nicotine products. It is urgent to harmonise regulation relating to new tobacco and nicotine products taking as a base a high level of protection of health as required in the Treaty on the Functioning of the EU.

Cannons over the EU legal order: The decision of the BVerfG (5 May 2020) in the Weiss case

2021 ◽  
Vol 28 (1) ◽  
pp. 123-142
Author(s):  
Filippo Annunziata
Keyword(s):  
Monetary Policy ◽  
Judicial Review ◽  
Legal Order ◽  
Banking Union ◽  
Preliminary Ruling ◽  
Banking Supervision ◽  
The Public ◽  
Changes Over Time ◽  
Over Time ◽  
The Eu

The Weiss affair, culminating in the BVerfG ruling of 5 May 2020 ( Weiss II), marks a break-up point in the long-standing dialogue between the BVerfG and the CJEU. The judges in Karlsruhe refused to follow the decision rendered by the CJEU in a preliminary ruling ( Weiss I) and ordered EU institutions to provide further clarifications on the proportionality assessment of the Public Sector Purchase Programme. This paper claims that the principles applied by the BVerfG in Weiss I are quite similar to those employed in the Gauweiler and Landeskreditbank-Banking Union cases. Considering that background, it will be argued that the construction of the principles employed by the BVerfG for the judicial review of EU acts did not undergo dramatic changes over time. The different outcome of Weiss II is due to the fact that, according to the BVerfG, insufficient elements of explanation and justification were provided by the ECB and the CJEU. Therefore, the central problem of Weiss II ends up being a procedural question of allegedly insufficient statements of reasons. From Gauweiler to Weiss II, one also sees the development of the standards for the judicial review of the ECB’s decisions, in the fields of both monetary policy and banking supervision.

UK prime minister will likely remain in power for now

2022 ◽  
Keyword(s):  
Northern Ireland ◽  
Prime Minister ◽  
Conservative Party ◽  
Culture Wars ◽  
Consumer Confidence ◽  
Party Leader ◽  
Content Type ◽  
The Public ◽  
Net Zero ◽  
The Eu

Significance As many as a dozen lockdown parties are now alleged to have been held at Downing Street, significantly damaging Johnson’s support among the public and his Conservative Party. His position as party leader and prime minister is gravely threatened. Impacts Johnson’s domestic troubles, coupled with rising economic concerns, increase the chance of an agreement with the EU over Northern Ireland. Disillusionment with Johnson, opposition to net-zero and culture wars open the door for Nigel Farage’s Reform Party to revive its appeal. Rising inflation threatens to undermine consumer confidence and slow the economic recovery over the coming year.

Riforma psichiatrica e psicoterapia sistemica. Continuitŕ, sviluppi, problemi aperti

PSICOBIETTIVO ◽  
2009 ◽  
pp. 47-64
Author(s):  
Luigi Onnis
Keyword(s):  
Public Services ◽  
Health Workers ◽  
Psychiatric Hospitals ◽  
Mental Health Workers ◽  
Basic Principles ◽  
Psychiatric Reform ◽  
The Public ◽  
Italian Law ◽  
New Interpretation ◽  
Systemic Psychotherapy

- The Author, in this paper, first of all reconstructs the essential historical phases of the theoretical and practical renewal process which preceded and accompanied the 180 law approval, that established the psychiatric hospitals closing. He then describes the Italian psychiatric reform characteristics, underlining how it produces the emerging of needs of new interpretation and intervention methods about psychic sufference: in this perspective psychotherapy has a crucial role and the italian law in psychotherapeutic training regulation is a further support. Particularly systemic psychotherapy proposes common basic principles with regard to the psychiatric reform and can represent an useful instrument for developping innovative concepts and practices. Finally the Authors put critically in evidence the problems still unresolved, not only concerning the need of a full application of the reform law, with the creation of territorial services and structures where they are still lacking or insufficient, but, over all, promoting the diffusion into the public services of a psychotherapeutic culture and practice.Key Words: Italian Psychiatric Reform, Law 180, Systemic Psychotherapy, Psychotherapeutic Culture, Public Services, Mental Health Workers Formation.Parole chiave: riforma psichiatrica italiana, legge 180, psicoterapia sistemica, cultura psicoterapeutica, servizi pubblici, formazione degli operatori.

The UK as victim and hero in the Sun’s coverage of the Brexit ‘humiliation’

2021 ◽  
Vol 25 (3) ◽  
pp. 645-662
Author(s):  
Franco Zappettini
Keyword(s):  
The Body ◽  
The Public ◽  
Political Relations ◽  
Historical Role ◽  
Political Dimensions ◽  
The Uk ◽  
Tabloid Journalism ◽  
Tabloid Press ◽  
The Eu

This paper discusses how emotions were mobilised by the British tabloid press as discursive strategies of persuasion during the public debate on the implementation of Brexit. Using the case study of the Suns coverage of the alleged UKs humiliation at the Salzburg meeting (2018) during the Brexit negotiations, the analysis addresses the questions of how and through which linguistic means actors and events were framed discursively in such an article. The findings suggest that The Sun elicited emotions of fear, frustration, pride, and freedom to frame Brexit along a long-established narrative of domination and national heroism. The discourse was also sustained by a discursive prosody in keeping with a satirical genre and a populist register that have often characterised the British tabloid press. In particular the linguistic analysis has shown how antagonistic representations of the UK and the EU were driven by an allegory of incompetent gangsterism and morally justified resistance. Emotionalisation in the article was thus aimed both at ridiculing the EU and at representing it as a criminal organisation. Such framing was instrumental in pushing the newspaper agenda as much as in legitimising and institutionalising harder forms of Brexit with the tabloids readership. Approaching journalist discourse at the intersection of affective, stylistic, and political dimensions of communication, this paper extends the body of literature on the instrumental use of emotive arguments and populist narratives and on the wider historical role of tabloid journalism in representing political relations. between the UK and the EU.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

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