Democrazia e Sicurezza – 2015, n. 3

Democrazia e Sicurezza - 2015, n. 3
Editore: RomaTrE-Press
Data di pubblicazione: ottobre 2015
Pagine: 277
ISBN: 2239‐804X
n° downloads ad oggi: 30


«Democrazia e Sicurezza – Democracy and Security Review», ideata dal prof. Salvatore Bonfiglio, è nata come periodico scientifico dell’Università degli Studi Roma Tre all’interno del PRIN 2008 «Costituzioni e Sicurezza dello Stato: scenari attuali e linee di tendenza» e proseguito con il PRIN 2010-2011 «Istituzioni democratiche e amministrazioni d’Europa: coesione e innovazione al tempo della crisi economica». La rivista intende approfondire il rapporto tra democrazia e sicurezza: esso, se pur a volte conflittuale, non deve mai negare, a maggior ragione in un ordinamento democratico, i diritti fondamentali della persona.


L’islam in Europa: centralità di una minoranza

Maria Luisa Maniscalco
Ouejdane Mejiri

DOI: 10.13134/2239-804X/3-2015/1

Inmigrantes irregulares y derecho a la asistencia sanitaria: efectividad de las garantías internacionales en los órganos judiciales

Carmen Salcedo Beltrán 

One of the reforms of the Spanish Government that has received more criticism since the economic crisis began has been the one enforced by Royal Decree‐Law 16/2012, dated 20 April, on urgent measures to ensure the sustainability of the National Health System and improve the quality and safety of its services. He proceeded to modify the requirements for compulsory insurance coverage, requiring as a condition sine qua non to enjoy ‘insured status’ to have legal residency. Responses were immediate, among others, appeals on the unconstitutionality of such measure, the right of conscientious objection of many
health professionals as well as the approval of the autonomous communities of legislation providing such protection, which, in turn, has also been contested by the Government. While the resolution of this conflict is still pending at the constitutional level, international organizations have already acted in this sense, being categorical in the issued resolutions condemning Spain for breach of its international obligations. The central government announced, months prior to the elections, that it would modify this regulation, but, for now, no amend has been materialized. While this situation continues, the law allows courts, under
the control of compliance with international law reflected in the arts. 10 and 96 of the Spanish Constitution, developed by Law 25/2014, of 27 November, Treaties and Other International Agreements, to protect possible claims and/or interpretations of the treaties contrary to its original aims and to protect the medical staff against possible sanctions. Thus, the importance of knowledge of international law and its direct invocation as an instrument of effectiveness and enforceability of the rights
recognized is rightly evidenced by this situation.

DOI: 10.13134/2239-804X/3-2015/2

A Legal Approach to Civilian Use of Drones in Europe. Privacy and Personal Data Protection Concerns

Cristina Pauner
Jorge Viguri

Drones are a growth industry evolving quickly from military to civilian uses however, they have the potential to pose a serious risk to security, privacy and data protection. After a first stage focused on safety issues, Europe is facing the challenge to develop a regulatory framework for drones integration into the airspace system while safeguarding the guarantees of fundamental rights and civil liberties. This paper analyses the potential privacy and data protection risks related to civil drones’ applications and looks at the major doctrinal, institutional and legislative attempts but also proposes technological and social solutions to mitigate them.

DOI: 10.13134/2239-804X/3-2015/3

Costituzionalismo e crisi economica. I diritti sociali in Grecia

Giulia Aravantinou Leonidi

An increasingly central dimension of the Greek crisis relates to changes affecting social rights. The aim of this paper is accordingly three‐fold. It provides, firstly, an overview of the constitutional framework of social rights in Greece, drawing on the comparative approach. Secondly it looks at the content of crisis‐imposed changes to work and welfare rights, explaining how these have evolved since the first bailout through case‐law analysis. Finally, it discusses the urgency of finding a
constitutional way out of the crisis which takes into account the protection of social rights.

DOI: 10.13134/2239-804X/3-2015/4

Sicurezza, terrorismo e cittadinanza: la nuova legislazione francese anti-terrorismo e l’impegno internazionale contro i cd. foreign fighters

Cristina Gazzetta

On 24 September 2014, the Security Council adopted under Chapter VII of the UN Charter, Resolution S / RES / 2178 (2014) which requires Member States to adopt appropriate measures to contrast the foreign fighters. On 24 November 2014, the France adopted a new anti‐terrorism law whose project was already under discussion since the summer. In implementation of Resolution 2178, some European States have introduced measures providing for the withdrawal of residence permits and
travel documents, until the revocation of citizenship. In particular we should mention, as well as France, the cases of Belgium, United Kingdom, the Netherlands, Germany, Denmark and Italy. The article aims to investigate the new French anti‐terrorism legislation and the consequences of the déchéance de nationalité as a tool available to the French State for the purpose of safeguarding their internal security.

DOI: 10.13134/2239-804X/3-2015/5

Disamina della sentenza della Corte dei diritti dell’uomo, 09/12/2014, causa Geisterfer c. Paesi Bassi, tra tutela dell’art. 3 CEDU (proibizione della tortura) e garanzia dell’art. 5, par. 1 CEDU (diritto alla libertà e alla sicurezza)

Massimo Pellingra Contino

The judgment originated in an application presented by a Dutch national, Mr. Richard Geisterfer before the Court against the Kingdom of the Netherlands, pursuant to Article 34 of the ECHR. The applicant pleaded a violation of Article 5 of the Convention; he was suspected of belonging to a network of organized crime. The applicant was arrested: there was a doubt of an existence of serious danger of violation of public security and of health or safety of persons and public order. There are
two interpretations about the protection of fundamental rights: an evolutionary interpretation of the constitutional provisions and a creation of a law “common” throughout Europe. It determines among the performers a twofold influence to which the rights recognized in national must be interpreted in the light of the provisions of codifications supranational. The Court finds that there has been a violation of Article 5 § 1 (c) and 3 of the ECHR.

DOI: 10.13134/2239-804X/3-2015/6

La cooperazione tra l’Unione europea ed i paesi del Nord Africa nella gestione dei fenomeni migratori: recenti sviluppi

Donato Colucci

DOI: 10.13134/2239-804X/3-2015/7

Raccontare la nonviolenza: il caso del conflitto israelo-palestinese

Pina Sodano

This essay focuses on the analysis of the Israeli‐Palestinian conflict from a sociological perspective using the theoretical approach of the non violence beginning with Gandhi and Sharp. Moreforward it will be analyzing three types of nonviolent struggle: starting from the popular struggle coordination committees with regard to their specific organization, of individuals and international movements that support them; then Boycott Divestment Sanctions (BDS) that was adopted primarily in South Africa, and finally it will be explaining the protest of the political prisoners that have adopted, in the last years,
a hunger strike as a control strategy. In conclusion it will be analyze the limits of this alternative strategy of alternative to violence with its strengths, and to able to change the dichotomy resistance‐terrorism, taken as a new method or as a discovery
of a revolutionary resistance.

DOI: 10.13134/2239-804X/3-2015/8

M. Foroni, Beni comuni e diritti di cittadinanza. Le nuove Costituzioni sudamericane, Lampi di Stampa, Vignate (MI), 2014, pp. 153

Anastasia Del Prete

DOI: 10.13134/2239-804X/3-2015/9

Nella stessa collana