Aspetti processuali del Regolamento n. 1/2003/Ce

The recent reform in European antitrust enforcement is embodied in Regolation n. 1/2003/ Ce and related Communications. Since 2004 when it came into force, some crytical assessments can already be made. The work starts from some technical analysis of the reform, under a procedural perspective, to assess the proceedings’ real impact on parties’ rights and to criticize its limits. Decentralisation has brought about more complicacies, since community procedural systems are not harmonized, neither in their administrative rules, nor in their civil proceedings, which are all involved in the European antitrust network. Therefore, antitrust proceedings end un as being more jurisdictional in their effects than in their guarentees, which is a flaw to be mended by legislators. National laws shoud be harmonized, community law should be clarified and the system should turn more honestly towards a rationalized jurisdiction-cented mechanism. Otherwise, parties defense rights and the overall efficiency are put into doubt. Italy is a good exemple of how many colmlicacies can outburst from national procedures and national decentralised application. An uncertain pattern of judicial control, together with unclear relationships among the institutions to cooperate in the antitrust network can produce more problems than they aim to solve. As to the private enforcement, Regulation n.1 does not even attempt to give precise regulation to this underdeveloped sector. A continual comparison with U.S. system has brought the Commission to become aware both of the risks and of the advanteges of an increased civil antitrust litigation in fronto of national judges. In order to substain a larger development of this parallel and, presently, difficult way of judicial compensation, it is presently ongoing a consultation among states to find suitable incentives to make private enforcement more appealing and effective. The solution to this lack of private litigation is not to be sought in Regulation n. 1 which calls into action national legislators and proceedures to implement further improvements. As a conclusion, Regulation n. 1 is the outpost of an ambitious community design to create an efficient control mechanism over antitrust violations. It focuses on Commission proceedings, powers and sanctions in order to establish deterrence, then it highlights civil litigation perspectives and it involves directly states into antitrust application. It seems that more could be done to technically shape administrative proceedings in a more jurisdictionally oriented form, then to clarify respective roles and coordination mecanisms in order to prevent difficulties easy to forsee. Some of jurisprudential suggestions have been accepted, but much more is left to be done in the future to improve european antitrust enforcement system.

Cognitive and affective processes in social actions and decisions

The question of how we make, and how we should make judgments and decisions has occupied thinkers for many centuries. This thesis has the aim to add new evidences to clarify the brain’s mechanisms for decisions. The cognitive and the emotional processes of social actions and decisions are investigated with the aim to understand which brain areas are mostly involved. Four experimental studies are presented. A specific kind of population is involved in the first study (as well as in study III) concerning patients with lesion of ventromedial prefrontal cortex (vmPFC). This region is collocated in the ventral surface of frontal lobe, and it seems have an important role in social and moral decision in forecasting the negative emotional consequences of choice. In study I, it is examined whether emotions, specifically social emotions subserved by the vmPFC, affect people’s willingness to trust others. In study II is observed how incidental emotions could encourage trusting behaviour, especially when individuals are not aware of emotive stimulation. Study III has the aim to gather a direct psychophysiological evidence, both in healthy and neurologically impaired individuals, that emotions are crucially involved in shaping moral judgment, by preventing moral violations. Study IV explores how the moral meaning of a decision and its subsequent action can modulate the basic component of action such as sense of agency.

La democrazia deliberativa negli Stati Uniti: teoria e prassi

This dissertation aims to analyse the development of the deliberative model of democracy in the U.S., both in an empirical and theoretical levels, from its origins in the eighties of the last century until now. In the first part we study the political and historical elements that build the crisis of the Liberal political system in the seventies in the U.S. and its effects on the political behaviour of citizens. In the second part we discuss the origins and development of the deliberative theory of democracy, its main authors, approaches and elements. The key aspect of this model of democracy is to reverse the apathy and strength the political participation of citizens through public deliberation. In the last part we expose the practical level of the deliberative democracy: how this theory of has been put into practice in the American political domain. We describe the main projects of deliberative democracy rose from civil society from the eighties until today. Finally, we expose the James Fishkin’s proposal of deliberative poll. This is the link between the empirical and theoretical levels of the deliberative model of democracy.

The Right to Voice: Its Realization by Estonian and American Parents in Public Schools

Investigating parents’ formal engagement opportunities in public schools serves well to characterize the relationship between states and societies. While the relationship between parental involvement and students’ academic success has been thoroughly investigated, rarely has it been seen to indicate countries’ governing regimes. The researcher was curious to see whether and how does parents’ voice differ in different democracies. The hypothesis was that in mature regimes, institutional opportunities for formal parental engagement are plenty and parents are actively involved; while in young democracies there are less opportunities and the engagement is lower. The assumption was also that parental deliberation in expressing their dissatisfaction with schools differs across democracies: where it is more intense, there it translates to higher engagement. Parents’ informedness on relevant regulations and agendas was assumed to be equally average, and their demographic background to have similar effects on engagement. The comparative, most different systems design was employed where public middle schools last graders’ parents in Tartu, Estonia and in Huntsville, Alabama the United States served as a sample. The multidimensional study includes the theoretical review, country and community analyses, institutional analysis in terms of formal parental involvement, and parents’ survey. The findings revealed sizeable differences between parents’ engagement levels in Huntsville and Tartu. The results indicate passivity in both communities, while in Tartu the engagement seems to be alarmingly low. Furthermore, Tartu parents have much less institutional opportunities to engage. In the United States, multilevel efforts to engage parents are visible from local to federal level, in Estonia similar intentions seem to be missing and meaningful parental organizations do not exist. In terms of civic education there is much room for development in both countries. The road will be longer for a young democracy Estonia in transforming its institutional systems from formally democratic to inherently inclusive.

Terra e Sviluppo: impatti di genere delle acquisizioni di terra su larga scala in Africa

Secondo il Report IFAD sulla povertà rurale, nel 2008, circa due terzi della popolazione africana viveva nelle aree rurali ed era in qualche modo coinvolta in attività agricole commerciali o di sussistenza (IFAD, 2011). L’agricoltura rappresenta il più importante settore economico per la popolazione africana e le donne risultano cruciali per la produzione agricola: rappresentano infatti il 62,8 per cento della forza lavoro (FAO, 2014). Dopo la crisi alimentare del 2007-2008 si è andato intensificando il fenomeno delle acquisizione di terre su larga scala in paesi del Sud del mondo, in particolare nel continente africano, da parte di multinazionali, governi, aziende nazionali e singoli soggetti privati. Questo processo è stato denominato anche land grabbing dalle principali organizzazioni internazionali e della società civile e ha avuto grande impatto mediatico a livello internazionale. L'intensificarsi del fenomeno ha portato a una progressiva perdita di controllo e accesso ad ampie porzioni di territorio da parte delle comunità locali, che non possono più disporre delle risorse naturali collegate alla terra. La cessione di ampi terreni avviene in molti casi senza trasparenza informativa, con violazione dei diritti umani e senza il consenso delle comunità che vi abitano e che coltivano tali aree, e a cui viene imposto un cambio radicale di vita. La terra è una risorsa centrale per l'identità, il sostentamento e la sicurezza alimentare di una comunità, dunque le conseguenze sono molteplici a livello sociale, culturale, economico e politico. Gli impatti sulle relazioni di genere e in particolare sulle donne delle comunità rurali risultano essere cruciali nel discorso sullo sviluppo. L’obiettivo di questo lavoro è indagare come le relazioni di genere, a seguito delle trasformazioni nella gestione della terra, si modificano amplificando squilibri già esistenti e creando conseguenze sulle logiche di potere delle comunità rurali e sulle vite delle persone che ne fanno parte.

The Impact of Cooperation on Defendants' Rights before the ICC: A Contextual Approach

The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC’s functioning. The study is divided into two parts. The first part sets out the institutional and jurisdictional context in which cooperation plays out at the ICC. Chapter 2 addresses the ICC dependence on cooperation from an institutional, a political and a normative dimension, showing that compliance with requests for cooperation is ultimately tied to State political willingness and international political pressure; Chapter 3 delves into the connection between cooperation and the complementary jurisdiction of the Court, criticising the ‘positive approach’ to complementarity endorsed by the Prosecutor in order to enhance states cooperation. The second part of the study addresses the impact that cooperation occurring in the above-explained context has on the right to liberty of defendants and on equality of arms. Chapter 4 and 5 analyse the ICC’s law protecting the selected rights, as well as the practice regarding allegations of violations of these rights brought forward by some defendants. It concludes that, so far, the organs of the Court (i.e., the Prosecutor and the judges) have failed to engage with the structural tensions and limitations of the Court with a view of protecting the rights of suspects and accused.

A corpus-assisted approach to apology-like expressions in Japanese computer-mediated discourse

This thesis provides a corpus-assisted pragmatic investigation of three Japanese expressions commonly signalled as apologetic, namely gomen, su(m)imasen and mōshiwake arimasen, which can be roughly translated in English with ‘(I’m) sorry’. The analysis is based on a web corpus of 306,670 tokens collected from the Q&A website Yahoo! Chiebukuro, which is examined combining quantitative (statistical) and qualitative (traditional close reading) methods. By adopting a form-to-function approach, the aim of the study is to shed light on three main topics of interest: the pragmatic functions of apology-like expressions, the discursive strategies they co-occur with, and the behaviours that warrant them. The overall findings reveal that apology-like expressions are multifunctional devices whose meanings extend well beyond ‘apology’ alone. These meanings are affected by a number of discursive strategies that can either increase or decrease the perceived (im)politeness level of the speech act to serve interactants’ face needs and communicative goals. The study also identifies a variety of behaviours that people frame as violations, not necessarily because they are actually face-threatening to the receiver, but because doing so is functional to the projection of the apologiser as a moral persona. An additional finding that emerged from the analysis is the pervasiveness of reflexive usages of apology-like expressions, which are often employed metadiscursively to convey, negotiate and challenge opinions on how language should be used. To conclude, the study provides a unique insight into the use of three expressions whose pragmatic meanings are more varied than anticipated. The findings reflect the use of (im)politeness in an online and non-Western context and, hopefully, represent a step towards a more inclusive notion of ‘apologies’ and related speech acts.