Roma Tre Law Review – 02/2023

Public Civil Action in Brazilian Law

The paper reviews the forms of collective action in the Brazilian legal system. The Brazilian system provides two types of collective actions: those aimed at protecting collective and widespread rights and those aimed at protecting homogeneous individual rights. The positive discipline is mainly contained in the law on the so-called public civil action (law 7.347 of 24 July 1985), in the consumer defense code (law 8.078 of 11 September 1990) and, subsidiarily, in the Brazilian civil procedure code. These three regulatory bills, applying the constitutional precepts, which aim at guaranteeing the efficiency of procedural techniques and the respect of the fair trial, provide a set of differentiated protections, which allow for the defense of any inter-individual or individual collective right.

DOI: 10.13134/2704-9043/2-2023/1

A Turbulent Pathway to Uniform Patent Protection In The EU

This article aims to critically explore the legislative evolution towards the Unitary Patent System in the EU and place it in a contextual setting. In particular, attention is paid to changes of priorities regarding the patent protection and the potential to support the innovativeness and competitiveness. Considering its recent launching, a pioneering observation of its application is added.

DOI: 10.13134/2704-9043/2-2023/2

Futures of the Past: Roman Law Between Totalitarianism and European Integration

Goethe famously described the influence of Roman law in European history by using a metaphor about ducks and the fact that they are there even when they are not visible. The purpose of this article is to explore the role of Roman law in the narratives of nationalism and legal reform during twentieth century totalitarianism. It traces how earlier criticism of Roman law was co-opted by the Nazi movement and its repercussions. While the attack on Roman law was unsuccessful, not least because of consistent support by Italian Fascists, the episode had a crucial impact on the position of Roman law after the Second World War. Like the duck in Goethe’s metaphor, Roman law bounced back, experienced a resurgence party due to being attacked by totalitarian governments. As law not bound by the vagaries of the nation state, Roman law became an unlikely symbol of justice and shared legal tradition in Europe.  

DOI: 10.13134/2704-9043/2-2023/3

The Autonomy of Criminal law with Reference to the Protection of the Environment: A Never-Ending Story

This article discusses the complex relationship between criminal law and environmental protection, with a specific focus on Italy. It highlights the interplay between criminal and administrative law in addressing environmental crimes and emphasizes the importance of understanding the actus reus in environmental offenses. The text explains that Italian environmental criminal law is closely connected to administrative law, resulting in a ‘sanctioning’ structure for environmental crimes. This structure implies that environmental behaviors are penalized only when they surpass specific risk thresholds defined by regulatory sources or administrative acts. The actus reus is primarily based on non-compliance with preventive-cautionary norms from administrative regulations. These offenses can take different forms, such as purely punitive, partially sanctioning (either 'weak' or 'strong'), or a combination of these. The text emphasizes the need for a balanced approach that allows for the control of environmental governance while effectively prosecuting pollution offenses, all while upholding legal principles and preventing administrative abuse of power. The author suggests that reorganization and rationalization of the system are necessary to navigate these complexities effectively.

DOI: 10.13134/2704-9043/2-2023/5

The New Legislative Framework of “Ergastolo Ostativo” Introduced by Law 199/2022: Any Challenges to the ECHR?

After three years from the ECtHR’s judgements of Viola v. Italy, where the Court found the Italian life imprisonment under section 4-bis of the Prison Administrative Act in violation with Article 3 ECHR, Law 199/2022 finally reformed the legislative framework of ‘ergastolo ostativo’. However, the legislator seems to not have correctly implemented the principles enshrined in the Convention. Indeed, the present work is aimed at assessing to which extent the new Italian ‘ergastolo ostativo’, as reformed by Law 199/2022, is compatible with Article 3 ECHR. Because of the lack of doctrine on the issue, the research is primarily based on a critical analysis of the new provisions, in light of the relevant ECtHR’s case law. It will be shown how the current formulation of Article 4-bis can raise no few challenges to the ECHR. The present work, indeed, after a detailed analysis of the main ECtHR’s jurisprudence on life imprisonment, highlights the need of rethinking the new framework of ‘ergastolo ostativo’ in line with such principles.  

DOI: 10.13134/2704-9043/2-2023/4

The Asset Lock Under the Regular Operation of Social Impact Companies in Luxembourg

The social impact companies in Luxembourg are subject to the principle of social and solidarity economy, and such companies may employ business means to pursue social objectives. To ensure the realization of this goal, 2016 legislation of creating such companies responds to this, the most essential and important instrument of which is the asset lock. To this end, based on the finance tools of the SIS (issuance of bonds and shares) and the movement of the assets of the company, the paper will elaborate and analyze, in relation to the principal stakeholders (directors, shareholders, and third parties), the legal regimes subordinating to this mechanism which these actors comply with. Besides, the regulation of public bodies may also play a positive role in this regard.

DOI: 10.13134/2704-9043/2-2023/6

Fixing the Climate with Experimentalist Governance? How?

DOI: 10.13134/2704-9043/2-2023/7

Family and The Market in the 3rd Globalization: a Survey of Literature

DOI: 10.13134/2704-9043/2-2023/8

The Giovanni Pugliese Library as a Guarantor of the Civilian Tradition

DOI: 10.13134/2704-9043/2-2023/9