Cortisol sanguíneo e qualidade de carcaças de frangos abatidos pelo método halal ou com insensibilização por eletronarcose

Pós-graduação em Medicina Veterinária - FCAV

Direito à desconexão do trabalho como instrumento de proteção à saúde do trabalhador

Pós-graduação em Direito - FCHS

Dynamic Lightpath Scheduling in Next-Generation WDM Optical Networks

Lightpath scheduling is an important capability in next-generation wavelength-division multiplexing (WDM) optical networks to reserve resources in advance for a specified time period while provisioning end-to-end lightpaths. In this study, we propose an approach to support dynamic lightpath scheduling in such networks. To minimize blocking probability in a network that accommodates dynamic scheduled lightpath demands (DSLDs), resource allocation should be optimized in a dynamic manner. However, for the network users who desire deterministic services, resources must be reserved in advance and guaranteed for future use. These two objectives may be mutually incompatible. Therefore, we propose a two-phase dynamic lightpath scheduling approach to tackle this issue. The first phase is the deterministic lightpath scheduling phase. When a lightpath request arrives, the network control plane schedules a path with guaranteed resources so that the user can get a quick response with the deterministic lightpath schedule. The second phase is the lightpath re-optimization phase, in which the network control plane re-provisions some already scheduled lightpaths. Experimental results show that our proposed two-phase dynamic lightpath scheduling approach can greatly reduce WDM network blocking.

Empathy Conditioned Conservation: “Walking-in-the-Shoes-of-Others” as a Conservation Farmer

Since the destruction and despair caused by the dust bowl of the 1930’s, Americans and their government have taken a keen interest in natural resource conservation policy on agricultural land. The Soil Conservation and Domestic Allotment Act of 1936 was the first farm bill to include provisions that provided payments to farmers willing to employ soil conservation measures (Cain and Lovejoy, 2004). While the main purpose of this bill was to provide financial support to impoverished farmers, the fact remains that natural resource conservation was starting to become an important issue for the American public.

Strumenti per la valutazione dello stato conservativo e per la manutenzione programmata dei ponti della Provincia di Bologna

La tesi tratta di strumenti finalizzati alla valutazione dello stato conservativo e di supporto all'attività di manutenzione dei ponti, dai più generali Bridge Management Systems ai Sistemi di Valutazione Numerica della Condizione strutturale. Viene proposto uno strumento originale con cui classificare i ponti attraverso un Indice di Valutazione Complessiva e grazie ad esso stabilire le priorità d'intervento. Si tara lo strumento sul caso pratico di alcuni ponti della Provincia di Bologna. Su un ponte in particolare viene realizzato un approfondimento specifico sulla determinazione approssimata dei periodi propri delle strutture da ponte. Si effettua un confronto dei risultati di alcune modellazioni semplificate in riferimento a modellazioni dettagliate e risultati sperimentali.

La protezione dei diritti sociali nell'ordinamento dell'Unione Europea

This study deals with the protection of social rights in Europe and aims to outline the position currently held by these rights in the EU law. The first two chapters provide an overview of the regulatory framework in which the social rights lie, through the reorganisation of international sources. In particular the international instruments of protection of social rights are taken into account, both at the universal level, due to the activity of the United Nations Organisation and of its specialized agency, the International Labour Organization, and at a regional level, related to the activity of the Council of Europe. Finally an analysis of sources concludes with the reconstruction of the stages of the recognition of social rights in the EU. The second chapter describes the path followed by social rights in the EU: it examines the founding Treaties and subsequent amendments, the Charter of Fundamental Social Rights of Workers of 1989 and, in particularly, the Charter of Fundamental Rights of the European Union, the legal status of which was recently treated as the primary law by the Treaty of Lisbon signed in December 2007. The third chapter is, then, focused on the analysis of the substantive aspects of the recognition of the rights made by the EU: it provides a framework of the content and scope of the rights accepted in the Community law by the Charter of Fundamental Rights, which is an important contribution to the location of the social rights among the fundamental and indivisible rights of the person. In the last section of the work, attention is focused on the two profiles of effectiveness and justiciability of social rights, in order to understand the practical implications of the gradual creation of a system of protection of these rights at Community level. Under the first profile, the discussion is focused on the effectiveness in the general context of the mechanisms of implementation of the “second generation” rights, with particular attention to the new instruments and actors of social Europe and the effect of the procedures of soft law. Second part of chapter four, finally, deals with the judicial protection of rights in question. The limits of the jurisprudence of the European Union Court of Justice are more obvious exactly in the field of social rights, due to the gap between social rights and other fundamental rights. While, in fact, the Community Court ensures the maximum level of protection to human rights and fundamental freedoms, social rights are often degraded into mere aspirations of EU institutions and its Member States. That is, the sources in the social field (European Social Charter and Community Charter) represent only the base for interpretation and application of social provisions of secondary legislation, unlike the ECHR, which is considered by the Court part of Community law. Moreover, the Court of Justice is in the middle of the difficult comparison between social values and market rules, of which it considers the need to make a balance: despite hesitancy to recognise the juridical character of social rights, the need of protection of social interests has justified, indeed, certain restrictions to the free movement of goods, freedom to provide services or to Community competition law. The road towards the recognition and the full protection of social rights in the European Union law appears, however, still long and hard, as shown by the recent judgments Laval and Viking, in which the Community court, while enhancing the Nice Charter, has not given priority to fundamental social rights, giving them the role of limits (proportionate and justified) of economic freedoms.

Sviluppo di metodologie di localizzazione nel contesto del Comprehensive Nuclear Test-Ban Treaty

Since the first underground nuclear explosion, carried out in 1958, the analysis of seismic signals generated by these sources has allowed seismologists to refine the travel times of seismic waves through the Earth and to verify the accuracy of the location algorithms (the ground truth for these sources was often known). Long international negotiates have been devoted to limit the proliferation and testing of nuclear weapons. In particular the Treaty for the comprehensive nuclear test ban (CTBT), was opened to signatures in 1996, though, even if it has been signed by 178 States, has not yet entered into force, The Treaty underlines the fundamental role of the seismological observations to verify its compliance, by detecting and locating seismic events, and identifying the nature of their sources. A precise definition of the hypocentral parameters represents the first step to discriminate whether a given seismic event is natural or not. In case that a specific event is retained suspicious by the majority of the State Parties, the Treaty contains provisions for conducting an on-site inspection (OSI) in the area surrounding the epicenter of the event, located through the International Monitoring System (IMS) of the CTBT Organization. An OSI is supposed to include the use of passive seismic techniques in the area of the suspected clandestine underground nuclear test. In fact, high quality seismological systems are thought to be capable to detect and locate very weak aftershocks triggered by underground nuclear explosions in the first days or weeks following the test. This PhD thesis deals with the development of two different seismic location techniques: the first one, known as the double difference joint hypocenter determination (DDJHD) technique, is aimed at locating closely spaced events at a global scale. The locations obtained by this method are characterized by a high relative accuracy, although the absolute location of the whole cluster remains uncertain. We eliminate this problem introducing a priori information: the known location of a selected event. The second technique concerns the reliable estimates of back azimuth and apparent velocity of seismic waves from local events of very low magnitude recorded by a trypartite array at a very local scale. For the two above-mentioned techniques, we have used the crosscorrelation technique among digital waveforms in order to minimize the errors linked with incorrect phase picking. The cross-correlation method relies on the similarity between waveforms of a pair of events at the same station, at the global scale, and on the similarity between waveforms of the same event at two different sensors of the try-partite array, at the local scale. After preliminary tests on the reliability of our location techniques based on simulations, we have applied both methodologies to real seismic events. The DDJHD technique has been applied to a seismic sequence occurred in the Turkey-Iran border region, using the data recorded by the IMS. At the beginning, the algorithm was applied to the differences among the original arrival times of the P phases, so the cross-correlation was not used. We have obtained that the relevant geometrical spreading, noticeable in the standard locations (namely the locations produced by the analysts of the International Data Center (IDC) of the CTBT Organization, assumed as our reference), has been considerably reduced by the application of our technique. This is what we expected, since the methodology has been applied to a sequence of events for which we can suppose a real closeness among the hypocenters, belonging to the same seismic structure. Our results point out the main advantage of this methodology: the systematic errors affecting the arrival times have been removed or at least reduced. The introduction of the cross-correlation has not brought evident improvements to our results: the two sets of locations (without and with the application of the cross-correlation technique) are very similar to each other. This can be commented saying that the use of the crosscorrelation has not substantially improved the precision of the manual pickings. Probably the pickings reported by the IDC are good enough to make the random picking error less important than the systematic error on travel times. As a further justification for the scarce quality of the results given by the cross-correlation, it should be remarked that the events included in our data set don’t have generally a good signal to noise ratio (SNR): the selected sequence is composed of weak events ( magnitude 4 or smaller) and the signals are strongly attenuated because of the large distance between the stations and the hypocentral area. In the local scale, in addition to the cross-correlation, we have performed a signal interpolation in order to improve the time resolution. The algorithm so developed has been applied to the data collected during an experiment carried out in Israel between 1998 and 1999. The results pointed out the following relevant conclusions: a) it is necessary to correlate waveform segments corresponding to the same seismic phases; b) it is not essential to select the exact first arrivals; and c) relevant information can be also obtained from the maximum amplitude wavelet of the waveforms (particularly in bad SNR conditions). Another remarkable point of our procedure is that its application doesn’t demand a long time to process the data, and therefore the user can immediately check the results. During a field survey, such feature will make possible a quasi real-time check allowing the immediate optimization of the array geometry, if so suggested by the results at an early stage.

Interactions between normative systems and software cognitive agents. A formalization in temporal modal defeasible logic and its implementation

Sustainable computer systems require some flexibility to adapt to environmental unpredictable changes. A solution lies in autonomous software agents which can adapt autonomously to their environments. Though autonomy allows agents to decide which behavior to adopt, a disadvantage is a lack of control, and as a side effect even untrustworthiness: we want to keep some control over such autonomous agents. How to control autonomous agents while respecting their autonomy? A solution is to regulate agents’ behavior by norms. The normative paradigm makes it possible to control autonomous agents while respecting their autonomy, limiting untrustworthiness and augmenting system compliance. It can also facilitate the design of the system, for example, by regulating the coordination among agents. However, an autonomous agent will follow norms or violate them in some conditions. What are the conditions in which a norm is binding upon an agent? While autonomy is regarded as the driving force behind the normative paradigm, cognitive agents provide a basis for modeling the bindingness of norms. In order to cope with the complexity of the modeling of cognitive agents and normative bindingness, we adopt an intentional stance. Since agents are embedded into a dynamic environment, things may not pass at the same instant. Accordingly, our cognitive model is extended to account for some temporal aspects. Special attention is given to the temporal peculiarities of the legal domain such as, among others, the time in force and the time in efficacy of provisions. Some types of normative modifications are also discussed in the framework. It is noteworthy that our temporal account of legal reasoning is integrated to our commonsense temporal account of cognition. As our intention is to build sustainable reasoning systems running unpredictable environment, we adopt a declarative representation of knowledge. A declarative representation of norms will make it easier to update their system representation, thus facilitating system maintenance; and to improve system transparency, thus easing system governance. Since agents are bounded and are embedded into unpredictable environments, and since conflicts may appear amongst mental states and norms, agent reasoning has to be defeasible, i.e. new pieces of information can invalidate formerly derivable conclusions. In this dissertation, our model is formalized into a non-monotonic logic, namely into a temporal modal defeasible logic, in order to account for the interactions between normative systems and software cognitive agents.

Securitization and Special Purpose Vehicles in an International Setting: a Systemic View

The present work tries to display a comprehensive and comparative study of the different legal and regulatory problems involved in international securitization transactions. First, an introduction to securitization is provided, with the basic elements of the transaction, followed by the different varieties of it, including dynamic securitization and synthetic securitization structures. Together with this introduction to the intricacies of the structure, a insight into the influence of securitization in the financial and economic crisis of 2007-2009 is provided too; as well as an overview of the process of regulatory competition and cooperation that constitutes the framework for the international aspects of securitization. The next Chapter focuses on the aspects that constitute the foundations of structured finance: the inception of the vehicle, and the transfer of risks associated to the securitized assets, with particular emphasis on the validity of those elements, and how a securitization transaction could be threatened at its root. In this sense, special importance is given to the validity of the trust as an instrument of finance, to the assignment of future receivables or receivables in block, and to the importance of formalities for the validity of corporations, trusts, assignments, etc., and the interaction of such formalities contained in general corporate, trust and assignment law with those contemplated under specific securitization regulations. Then, the next Chapter (III) focuses on creditor protection aspects. As such, we provide some insights on the debate on the capital structure of the firm, and its inadequacy to assess the financial soundness problems inherent to securitization. Then, we proceed to analyze the importance of rules on creditor protection in the context of securitization. The corollary is in the rules in case of insolvency. In this sense, we divide the cases where a party involved in the transaction goes bankrupt, from those where the transaction itself collapses. Finally, we focus on the scenario where a substance over form analysis may compromise some of the elements of the structure (notably the limited liability of the sponsor, and/or the transfer of assets) by means of veil piercing, substantive consolidation, or recharacterization theories. Once these elements have been covered, the next Chapters focus on the regulatory aspects involved in the transaction. Chapter IV is more referred to “market” regulations, i.e. those concerned with information disclosure and other rules (appointment of the indenture trustee, and elaboration of a rating by a rating agency) concerning the offering of asset-backed securities to the public. Chapter V, on the other hand, focuses on “prudential” regulation of the entity entrusted with securitizing assets (the so-called Special Purpose vehicle), and other entities involved in the process. Regarding the SPV, a reference is made to licensing requirements, restriction of activities and governance structures to prevent abuses. Regarding the sponsor of the transaction, a focus is made on provisions on sound originating practices, and the servicing function. Finally, we study accounting and banking regulations, including the Basel I and Basel II Frameworks, which determine the consolidation of the SPV, and the de-recognition of the securitized asset from the originating company’s balance-sheet, as well as the posterior treatment of those assets, in particular by banks. Chapters VI-IX are concerned with liability matters. Chapter VI is an introduction to the different sources of liability. Chapter VII focuses on the liability by the SPV and its management for the information supplied to investors, the management of the asset pool, and the breach of loyalty (or fiduciary) duties. Chapter VIII rather refers to the liability of the originator as a result of such information and statements, but also as a result of inadequate and reckless originating or servicing practices. Chapter IX finally focuses on third parties entrusted with the soundness of the transaction towards the market, the so-called gatekeepers. In this respect, we make special emphasis on the liability of indenture trustees, underwriters and rating agencies. Chapters X and XI focus on the international aspects of securitization. Chapter X contains a conflicts of laws analysis of the different aspects of structured finance. In this respect, a study is made of the laws applicable to the vehicle, to the transfer of risks (either by assignment or by means of derivatives contracts), to liability issues; and a study is also made of the competent jurisdiction (and applicable law) in bankruptcy cases; as well as in cases where a substance-over-form is performed. Then, special attention is also devoted to the role of financial and securities regulations; as well as to their territorial limits, and extraterritoriality problems involved. Chapter XI supplements the prior Chapter, for it analyzes the limits to the States’ exercise of regulatory power by the personal and “market” freedoms included in the US Constitution or the EU Treaties. A reference is also made to the (still insufficient) rules from the WTO Framework, and their significance to the States’ recognition and regulation of securitization transactions.

Pushover analysis of an existing reinforced concrete bridge:Jamboree Road Overcrossing in Irvine, California

The work for the present thesis started in California, during my semester as an exchange student overseas. California is known worldwide for its seismicity and its effort in the earthquake engineering research field. For this reason, I immediately found interesting the Structural Dynamics Professor, Maria Q. Feng's proposal, to work on a pushover analysis of the existing Jamboree Road Overcrossing bridge. Concrete is a popular building material in California, and for the most part, it serves its functions well. However, concrete is inherently brittle and performs poorly during earthquakes if not reinforced properly. The San Fernando Earthquake of 1971 dramatically demonstrated this characteristic. Shortly thereafter, code writers revised the design provisions for new concrete buildings so to provide adequate ductility to resist strong ground shaking. There remain, nonetheless, millions of square feet of non-ductile concrete buildings in California. The purpose of this work is to perform a Pushover Analysis and compare the results with those of a Nonlinear Time-History Analysis of an existing bridge, located in Southern California. The analyses have been executed through the software OpenSees, the Open System for Earthquake Engineering Simulation. The bridge Jamboree Road Overcrossing is classified as a Standard Ordinary Bridge. In fact, the JRO is a typical three-span continuous cast-in-place prestressed post-tension box-girder. The total length of the bridge is 366 ft., and the height of the two bents are respectively 26,41 ft. and 28,41 ft.. Both the Pushover Analysis and the Nonlinear Time-History Analysis require the use of a model that takes into account for the nonlinearities of the system. In fact, in order to execute nonlinear analyses of highway bridges it is essential to incorporate an accurate model of the material behavior. It has been observed that, after the occurrence of destructive earthquakes, one of the most damaged elements on highway bridges is a column. To evaluate the performance of bridge columns during seismic events an adequate model of the column must be incorporated. Part of the work of the present thesis is, in fact, dedicated to the modeling of bents. Different types of nonlinear element have been studied and modeled, with emphasis on the plasticity zone length determination and location. Furthermore, different models for concrete and steel materials have been considered, and the selection of the parameters that define the constitutive laws of the different materials have been accurate. The work is structured into four chapters, to follow a brief overview of the content. The first chapter introduces the concepts related to capacity design, as the actual philosophy of seismic design. Furthermore, nonlinear analyses both static, pushover, and dynamic, time-history, are presented. The final paragraph concludes with a short description on how to determine the seismic demand at a specific site, according to the latest design criteria in California. The second chapter deals with the formulation of force-based finite elements and the issues regarding the objectivity of the response in nonlinear field. Both concentrated and distributed plasticity elements are discussed into detail. The third chapter presents the existing structure, the software used OpenSees, and the modeling assumptions and issues. The creation of the nonlinear model represents a central part in this work. Nonlinear material constitutive laws, for concrete and reinforcing steel, are discussed into detail; as well as the different scenarios employed in the columns modeling. Finally, the results of the pushover analysis are presented in chapter four. Capacity curves are examined for the different model scenarios used, and failure modes of concrete and steel are discussed. Capacity curve is converted into capacity spectrum and intersected with the design spectrum. In the last paragraph, the results of nonlinear time-history analyses are compared to those of pushover analysis.

La diagnosi genetica preimpianto: argomenti favorevoli e contrari alla sua legittimità

Questa tesi ricostruisce la storia della giurisprudenza italiana che ha riguardato la legittimità o meno dell’impiego della diagnosi genetica preimpianto nell’ambito della procreazione medicalmente assistita, dall’emanazione della legge 40 del 2004 a tutt’oggi. Ed in particolare questa tesi si prefigge due obiettivi: uno, individuare ed illustrare le tipologie di argomenti utilizzati dal giurista-interprete per giudicare della legittimità o meno della pratica della diagnosi preimpianto degli embrioni prodotti, mediante le tecniche relative alla procreazione assistita; l’altro obiettivo, mostrare sia lo scontro fra i differenti argomenti, sia le ragioni per le quali prevalgono gli argomenti usati per legittimare la pratica della diagnosi preimpianto. Per raggiungere questi obiettivi, e per mostrare in maniera fenomenologica come avviene l’interpretazione giuridica in materia di diagnosi preimpianto, si è fatto principalmente riferimento alla visione che ha della detta interpretazione la prospettiva ermeneutica (concepita originariamente sul piano teoretico, quale ermeneutica filosofica, da H.G. Gadamer; divulgata ed approfondita sul piano giusfilosofico e della teoria dell’interpretazione giudica in Italia, fra gli altri, da F. Viola e G. Zaccaria). Così, in considerazione dei vari argomenti utilizzati per valutare la legittimità o meno della pratica della diagnosi preimpianto, i motivi per i quali in ultimo il giurista-interprete per giudicare ragionevolmente, deve ritenere legittima la pratica della diagnosi preimpianto sono i seguenti. I principi superiori dell’ordinamento e talune direttive giuridiche fondamentali dell’ordinamento, elaborate della giurisprudenza, le quali costituiscono la concretizzazione di detti principi e di una serie di disposizioni normative fondamentali per disciplinare il fenomeno procreativo, depongono per la legittimità della diagnosi preimpianto. Le tipologie degli argomenti impiegati per avallare la legittimità della diagnosi preimpianto attengono al tradizionale repertorio argomentativo a cui attinge il giurista, mentre la stessa cosa non si può dire per gli argomenti usati per negare la legittimità della diagnosi. Talune tipologie di argomenti utilizzate per negare la legittimità della diagnosi preimpianto costituiscono delle fallacie logiche, per esempio l’argomento del pendio scivoloso, e soprattutto le tipologie degli argomenti utilizzati per sostenere la legittimità della diagnosi preimpianto sono per lo più caratterizzate dalla ragionevolezza ed applicate per lo più opportunamente. Poi, si può osservare che: determinati argomenti, associati dal giurista-interprete ai principi i quali depongono per l’illegittimità della diagnosi preimpianto, facendo leva sulla categoria della possibilità, ed equiparando attualità e possibilità, privilegiano l’immaginazione alla realtà e portano a risultati interpretativi non razionalmente fondati; mentre gli argomenti associati dal giurista-interprete ai principi i quali depongono per la legittimità della diagnosi preimpianto, facendo leva sulla categoria della attualità, e tenendo ben distinte attualità e possibilità, privilegiano l’osservazione della realtà e portano a risultati razionalmente fondati.

Società di capitali amministratrici di società di persone

The present work focuses on a specific aspect of the general issue concerning the possible consequences of the reform of business corporations (“società di capitali”) on the discipline of partnerships (“società di persone”). After the reform of business law enacted with legislative decree n. 6/2003, the majority of the literature, in the light of the provisions of art. 2361 co. 2 civil code and art. 111-duodecies of the regulatory provisions (“disposizioni di attuazione”) of the civil code itself, maintains the possibility for a business corporation to be executive of a partnership. As a matter of fact, whenever all the members of a partnership are actually business corporations, it shall be possible that either one of the latter becomes the executive, either such role is played by a third party, i. e. a non-partner. After displaying the possible advantages and disadvantages stemming from a business corporation managing a partnership, the analysis investigates the legal feasibility of the case in point. First of all, the reasons supporting the theory under which a legal person cannot be manager of a partnership are examined in depth; an overview of the principal EU Member States’ legal systems and of the discipline of the European Economic Interest Grouping and of European Corporate is then provider for. At the outset of such analysis, the author asserts the legal possibility for a legal person to act as manager of a corporation, including a partnership. Afterwards, the investigation covers the issue of the executive-member in the partnerships. Initially, an overview of the literature concerning the legal nature of the management is offered; then, the three different categories of partnership are analyzed, in order to understand whether such legal persons can be managed by a third party (i.e. a non-member). On the basis of the existing strict connection between executive powers and unlimited liability, the author concludes that only the members shall be manager of the partnerships. Another chapter of the thesis is centred, from the one hand, on the textual data that, after the reform of 2003, support the aforesaid conclusion; from the other hand, on the peculiar features of the corporate business that is executive of a partnership. In particular, the attention is focused on the necessity or on the mere opportunity of an article of association explicitly providing that a corporate business can be executive of the partnership; on the practical ways by which the former shall manage the latter (especially on the necessity of nominating a permanent representative of the legal person and on the possibility to designate the procurators to this end); on the disclosure obligations applicable to the case in point.

Die Überarbeitung der Fernsehrichtlinie unter Berücksichtigung der EuGH-Entscheidungen zur bisherigen Fassung

Gegenstand der vorliegenden Arbeit ist die Überarbeitung der Richtlinie 89/552/EWG des Rates zur Koordinierung bestimmter Rechts- und Verwaltungsvorschriften der Mitgliedstaaten über die Ausübung der Fernsehtätigkeit, welche aus praktikablen Gründen meist als „(EG-)Fernsehrichtlinie“ bezeichnet wird. Sie bildet den Eckpfeiler der audiovisuellen Politik der EU. Seit Erlass der Fernsehrichtlinie im Jahre 1989 bewirkt der technologische Fortschritt jedoch zunehmend enorme Veränderungen nicht nur im Bereich des klassischen Fernsehens, sondern auch und vor allem im Bereich der neuen Medien. Ausgangspunkt hierfür ist die Verbesserung der Digitaltechnologie, die ihrerseits wiederum technische Konvergenzprozesse begünstigt. Diese Entwicklungen führen nicht nur zu einer Vervielfachung von Übertragungskapazitäten und –techniken, sondern ermöglichen neben neuen Formen audiovisueller Angebote auch die Entstehung neuer Dienste. Unsere Medienlandschaft steht vor „epochalen Umbrüchen“. Im Hinblick auf diese Vorgänge wird seit geraumer Zeit eine Überarbeitung der EG-Fernsehrichtlinie angestrebt, um dem technologischen Fortschritt auch „regulatorisch“ gerecht werden zu können. Diesem Überarbeitungsprozess möchte sich die vorliegende Arbeit widmen, indem sie die Fernsehrichtlinie in einem ersten Teil sowohl inhaltlich wie auch hinsichtlich ihrer Entstehungsgeschichte und der zu ihr ergangenen EuGH-Entscheidungen erläutert. Anschließend werden alle Überarbeitungsvorgänge der Fernsehrichtlinie seit 1997 dargestellt, um sodann die aktuellen Reformansätze analysieren und bewerten zu können. Aus zeitlichen Gründen (der neue Richtlinienvorschlag der Kommission vom 13. Dezember 2005 wurde ca. 2 Wochen vor dem Abgabetermin der Arbeit verabschiedet) sind die Ausführungen zum Entwurf der neuen „Richtlinie über audiovisuelle Mediendienste“ allerdings relativ knapp gehalten.

La inclusión de declaraciones de derechos y principios en los Estatutos de Italia y España

La ricerca riguarda l’inclusione di dichiarazioni di diritti e principi introdotte negli Statuti di autonomia delle Regioni italiane e delle Comunità Autonome spagnole riformati negli ultimi anni. La tesi consta, oltre che nell’introduzione dei concetti preliminari, di due parti per ognuno dei Paesi nelle quali si esaminano i sistemi regionali e concretamente queste carte di diritti e principi. La terza parte raccoglie un’analisi comparativa di ambedue gli Stati. Il problema dell’efficacia di questi diritti e principi rappresenta la chiave fondamentale. In questo senso, la Giurisprudenza costituzionale risulta essere basilare per lo studio delle differenti risposte alle novità dei diversi elenchi di diritti e principi a livello regionale. Mentre la Corte Costituzionale italiana ha negato la loro efficacia giuridica, anche come norme programmatiche assimilabili a quelle costituzionali, il Tribunale Costituzionale spagnolo ha qualificato un nuovo tipo di diritto, i c. d. diritti statutari, che non sono diritti pubblici soggettivi ma mandati ai poteri pubblici autonomici, specialmente al legislatore autonomico. Lo studio si completa con la problematica dell’uguaglianza e la garanzia dei diritti e i principi in questi Stati composti.