Maritime Concessions in Italy

The paper deals with the treatment – both legislative and judicial – of maritime concessions in Italy. It first analyses legal provisions regarding the term of duration of such concessions and then focuses on some recent sentences. The first of them could have made stronger the conflict between the Italian legal environment and EU one, as the legislative automatic prorogation of concessions was deemed to be legitimate. Luckily, further rulings stated that this legislative statute is not in line with EU law and so has to be non applied. The Council of State solved the question very recently: not only Italian legal discipline was sentenced not to be in line with the EU law, but also some guidelines were given to step out the impasse. Judicial review so proved out to be once again the key element to grant rule of law, even when relationships between different legal environments are concerned.

Consistency and Construct Validity of the Five-Level System for Risk Communication Using Static and Dynamic Tools: An Investigation Using the Static-99R and VRS-SO

This study examined the Council of State Governments’ five-level system for risk communication, as applied to the Static-99R and Violence Risk Scale–Sexual Offense Version (VRS-SO). Aims of the system include increasing consistency in risk communication and linking risk categories to psychologically meaningful constructs. We investigated concordance between risk levels assigned by the instruments, and distributions of VRS-SO dynamic needs associated with Static-99R risk levels, among a multisite sample ( n = 1,404) of persons who have sexually offended. Concordant categorical risk ratings were assigned in just over a third of cases, suggesting that consistency remains a concern with the system, particularly when conceptually disparate tools are applied. Densities of criminogenic needs varied widely among persons assigned the same risk level by the Static-99R and diverged from the descriptions ascribed by the system. These findings can inform clinical assessments and further refinement of the system.

Vinculación del deudor solidario en el procedimiento de fiscalización, determinación, discusión y cobro de obligaciones tributarias. Línea jurisprudencial

En este artículo se hace un análisis de la jurisprudencia proferida por el Consejo de Estado, Sección Cuarta, entre los años 2003 a 2019, relacionada con la vinculación del The work analyzes the jurisprudence issued by the Council of State, Section Four, between the years 2003 to 2019 related to the connection of the joint debtor in the procedure of inspection, determination, discussion and collection of the tax obligation in charge of the direct taxable person, materialized in a jurisprudential line, in order to determine its historical position, as well as to recognize the line that is currently being applied, in order to conclude publicize the possible consequences and solutions to the problem regarding the procedural link of this subject. deudor solidario en el procedimiento de fiscalización, determinación, discusión y cobro de la obligación tributaria a cargo del sujeto pasivo directo, materializado en una línea jurisprudencial, con el fin de determinar la evolución de este tema en relación con la jurisprudencia como fuente del derecho, así como también reconocer la línea que actualmente se está aplicando, para así, a modo de conclusión, dar a conocer las posibles consecuencias y soluciones a la problemática respecto a la vinculación procesal de este sujeto.

Petitioning the Waqf Cases: Conflict over the Abū Madyan Waqf, Old City of Jerusalem, at the Beginning of the Twentieth Century

This article analyzes twenty-two petitions, held at the Ottoman Imperial Archives (boa) in Istanbul, submitted to the Council of State Registers (Şūrā-yi Devlet) at the beginning of the twentieth century by the mutawallīs (supervisors) of the Abū Madyan waqf, as well as by residents and representatives of the Maghāriba neighborhood in Jerusalem. These petitions concern the alleged mismanagement of the waqf by the mutawallīs, including the embezzlement of funds and violation of the conditions stipulated in the waqf’s endowment deed (waqfiyya). Through this analysis, the study aims to show how the waqf’s supervisors and the representatives of local political and religious authorities contributed to the confiscation of property, allocated to a waqf, for personal gain or to serve common interests, and, thus to the gradual disintegration of the waqf system in early twentieth-century Jerusalem. It also sheds light on the networks between local citizens (Maghribīs), waqf mutawallīs, local qāḍīs, and the central Ottoman administration and the sultan.

The Control of Administrative Inaction in the Context of the COVID-19 Health Emergency in France: an Inadequate Response from the Interim Relief Judge?

Interim remedies before administrative courts are an essential tool for the protection of individuals' fundamental rights in the French legal system. The months of Covid-19 health crisis have given the French administrative courts the opportunity to develop their role when using the so-called 'fundamental rights interim remedy'. In this context, the use of the power of injunction in the context of the fundamental rights interim remedy is not limited to a purely technical dimension. It takes place in a political context and reflects the capacity of the administrative courts, and especially of the Council of State, to play the role of a counter-power vis-à-vis the executive power. This article examines the decisions of the Council of State adopted since 16 March 2020, following fundamental rights interim remedies whose purpose was to request an injunction. It analyses how the fundamental rights interim remedy can be a means of remedying administrative inaction and, on the basis of the analysis of the cases where the requests for interim injunctions have been rejected, it draws lessons on the role of the French administrative courts in the context of the health crisis.

Administrative Procedure and Judicial Review in Italy

This chapter illustrates administrative procedure and judicial review in Italy. According to article 113 of the Italian Constitution, 'the judicial safeguarding of rights and legitimate interests before the organs of ordinary or administrative justice is always permitted towards acts of the public administration'. In Italy, judicial review of administrative action is performed by specific courts: a court of first instance, called Tribunale Amministrativo Regionale (TAR), which is established in every Region, and the Consiglio di Stato (Council of State), which acts as an appeal court. The judicial process before these courts is now regulated by the Code of Administrative Process (CAP). Article 7 CAP provides that the administrative courts have jurisdiction over all acts that the public administrations and legal entities equivalent to them adopt in the exercise of their administrative authority. Since 1889, the Italian system of administrative justice has centred on the provision that administrative acts can be annulled by the administrative courts only in cases of 'breach of law', 'misuse or abuses of power', and/or 'lack of competence'.

Administrative Procedure and Judicial Review in Belgium

This chapter evaluates administrative procedure and judicial review in Belgium. The Belgian Constitution embodies, in particular, two constitutional provisions for the judicial oversight of unilateral administrative measures. A Council of State was established pursuant to Article 160 of the Constitution. Under the Act adopted on the basis of this provision, the Council of State is responsible for judicial review, on condition that such review has not been attributed to another ordinary or administrative court. Moreover, Article 159 requires judges not to apply any unilateral administrative measure that would be unlawful in the context of a dispute that they are called upon to settle. All unilateral administrative provisions, whether regulatory or individual, may be reviewed. A procedural error does not necessarily lead to the censure of the unilateral administrative provision in question. However, the breach of a requirement that the administration has to fulfil leads not only to the censure of the provision but can, as the case may be, give rise to compensation.

Writing Władysław Gomułka’s Life: Historiography of Władysław Gomułka’s Biographies

This article looks at a select number of biographies of Władysław Gomułka—an important postwar Polish politician, who because of his long presence in politics is often perceived as the de facto Polish postwar leader. He served in multiple roles: parliamentary deputy, deputy prime minister, minister, member of the Council of State, and the First Secretary of the communist party. I argue that for historians who take up the task of writing his biography, Gomułka is more than a historical figure, and that writing about him allows them to ponder the question of agency and historical contingencies, as well as the meaning of the past for the present. Not surprisingly, Gomułka’s biography serves as a form of a meta-commentary on contemporary approach to the Communist history and its place in Polish history. The existing biographies contain reflections, even if indirectly, on the nature of Communism in Poland, not as elements of the past but as aspects of the present that loom over the future. By the same token, the lack of interest in Gomułka at certain important historical junctures, or a rather selective interest, indicates not as much a lack of interest in an important politician, but rather a certain skewed interest in Communism—not just its shortcomings, but also its potential benefits. The silence gives a certain perception of Communism as something pushed to the margins.

Combining Static and Dynamic Recidivism Risk Information Into the Five-Level Risk and Needs System: A New Zealand Example

Communicating recidivism risk is individualized to each assessment. Labels (e.g., high, low) have no standardized meaning. In 2017, the Council of State Governments Justice Center (CSGJC) proposed a framework for standardized communication, but balancing the framework’s underlying principles of effective risk communication (and merging static and dynamic information) adds complexity. In this study, we incorporated dynamic risk scores that case managers rated among a routine sample of adults on parole in New Zealand ( N = 440) with static risk scores into the Five-Level Risk and Needs System. Compared with static risk only, merging tools (a) enhanced concordance with the recidivism rates proposed by CSGJC for average and lower-risk individuals, (b) diminished concordance for higher-risk individuals, yet (c) improved conceptual alignment with the criminogenic needs domain of the system. This example highlights the importance of attending to the underlying principles of effective risk communication that motivated the development of the system.