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3D modelling represents a fundamental survey technique to represent archaeological evidence. It is particularly important to draw and analyse engravings because it is more descriptive and, somehow, objective than traditional drawings, which result interpretative and not replicable, becoming a debatable and often controversial matter. A technique able to verify the overlaying of signs is essential to establish the relative sequence, thus the chronology of engravings. However, there are several techniques and they provide different results. The paper tries to empirically compare SfM and PS methods to understand how they work on surface representation and which are their specificities in a difficult context such as the Pianaùra engravings. The aim of the paper is to verify the accuracy of the techniques. Three paths are pursued: the first analyses pure quantitative data, such as counting the number of points or faces built and so on; the second aims to verify quantitatively distortions by geometric measurements analysis; the third is a visual quality test, which focuses on users' perception of 3D models. It can be concluded that the distinct fields of application and the diverse purposes of the research enhance the different specificities of the two techniques. [ABSTRACT FROM AUTHOR]

The Roman villa at Matrice, located in Molise, central Italy, offers a rare opportunity to reflect on a typology of site that is sparsely documented. The building at Matrice presents distinctive elements of a rural villa of the 1st century AD, dedicated to agricultural, pastoral and wine production activities. However, these elements are adapted here in a decentralized area of the Roman State, where the local elites did not exhibit the same opulence of those belonging to major urban centres. The villa displays peculiar aspects and reflects local economic, social, and geographical conditions. After the excavation of the 1980s, archaeological research at Matrice was renewed in 2017 by a joint team from the British School at Rome, King's College London, and the Ashmolean Museum of Oxford. The project used a preliminary geophysical survey to explore the area around the site, discovering new archaeological features. The following excavation season assessed the geophysical results and provided significant stratigraphic information. The paper focuses on the methodological aspect of the research, comparing the geophysical results with data from the excavation. It also underlines the potential implications of the new evidence for the understanding of the site. [ABSTRACT FROM AUTHOR]

The paper presents the use of the free open source software uMap-OSM as a solution for the online implementation and dissemination of the Community Archive of Monte Baldo, a project consisting in the participatory identification and cataloging of Cultural Heritage from this territory located in the provinces of Trento and Verona. The paper offers a concise comparison of user-friendly alternatives and evaluates strategies for database creation using uMap-OSM. The final section validates the selected methods and customization plans, aimed at fulfilling divulgation, accessibility and sustainability goals, while adhering to archaeological documentation standards. The Community Archive of Monte Baldo also aligns with the objectives of local authorities and stakeholders in land-use planning and human development, contributing to the preparation of a UNESCO candidacy dossier for the Monte Baldo territory. [ABSTRACT FROM AUTHOR]

This paper presents the database and the open access georeferenced online map of the CAMIS project of the University of Padua, which aims to catalogue and analyse late antique and medieval funerary contexts as a response to the scattered documentation and partial publications on this subject. After describing the structure and software used for the database and the online map, some numbers are presented relating to the more than thousand sites already entered in the system and the kind of results that can be advanced, underlining some of the problems encountered. The paper calls for the optimization of data management to foster open archaeological research, highlighting the need for a unified approach to study complex historical phenomena. The CAMIS database, incorporating standardized vocabularies for systematic and statistical analysis, is vital for unlocking new research avenues and addressing gaps in current knowledge. The project exemplifies the power of open science, promoting collaboration and enriching archaeological research with a rapidly growing, vast dataset. [ABSTRACT FROM AUTHOR]

The paper is dedicated to the Geographic Information System developed for the filing and the analysis of Pontecagnano necropolises, where over 10100 tombs dated from the Etruscan to the Samnite phase (9th-3rd century BC) have been excavated so far. The first version of the GIS was developed between 1999 and 2000 and initially tested on an area of the Western necropolis. It consists of an alphanumeric descriptive database, developed using Microsoft Access 2000, linked to a cartographic section implemented with the MapInfo software. The paper concludes with a preliminary presentation of the update of the information system, which is going to migrate to an open-source software. [ABSTRACT FROM AUTHOR]

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Copyright of IUL Research is the property of IUL - Universita Telematica degli Studi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Il Capitale Culturale: Studies on the Value of Cultural Heritage is the property of Il Capitale Culturale Studies on the Value of Cultural Heritage and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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In the introductory article to this special issue, the two editors first provide a brief insight into how it arose and then give an overview of the contents of the individual papers, all of which are dedicated to phraseography or metaphraseography. These two fields of linguistic research belong to both phraseology and (meta-)lexicography and deal with the inclusion of phrasemes in dictionaries and the corresponding practical and theoretical issues. The articles also have in common that they focus on various diatopic Romance varieties spoken in Italy (Genoese, Trentino, Piedmontese, Tuscan, regional Italian of Rome, Sardinian, Catalan of Alghero), Croatia (Istriot), Spain and Latin America (regional varieties of Spanish). Since the term phraseme is used in a broad sense in this publication, numerous different phraseological categories are discussed in the papers, including, for example, syntagmatic verbs and partially lexically filled constructions, in addition to more classical categories such as idioms, proverbs and collocations. Finally, it will be briefly argued why this special issue, which is inspired by the two research projects GEPHRAS and GEPHRAS2, can be regarded as particularly innovative. [ABSTRACT FROM AUTHOR]

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This paper analyses a neglected text on medical praxis, the Canon XLV of Ibn Jazla's Tacuinus egritudinum et morborum, together with the commentary (additio) of the Parisian magister Dudo. The aim of the paper is to examine the connections between the two texts, the intellectual horizont and the cultural background of the commentator, and the relationship with the academic medical curriculum and the scholastic debate developed in Paris at the end of the thirteenth century. The appendix offers a transcription of the additio, transmitted in a codex unicus, the manuscript Paris, BnF, latin 15362. [ABSTRACT FROM AUTHOR]

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The present paper provides scholars with a critical assessment of research into Russian diachronic linguistics and Russian philology carried out by Italian Slavicists over the last thirty years. This article first examines how Italian scholars have understood and engaged with fundamental issues in the history of the Russian language, which have been at the centre of discussion on an international level. It then explores the advances made in Italian research on historical grammar and emphasises the peculiarity of the approach to textual criticism developed by Italian scholars and its relevance to Russian philology. Finally, the paper discusses major Italian contributions regarding specific issues in Russian diachronic linguistics and philology, which reveal innovative solutions to long-standing problems. While further exploration is necessary in several areas, in qualitative terms the hitherto accomplished research cannot but be positively assessed. [ABSTRACT FROM AUTHOR]

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Copyright of Trans/Form/Ação is the property of Trans/Form/Acao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to analyze some of the issues affecting the study of artificial intelligence applied to the work of jurists, seeking to highlight how the results obtained today, although less satisfactory than those achieved in other disciplines, depend mainly on the implementation of learning algorithms. At the same time, the essay tries to “take stock” of the latest landfalls of artificial intelligence applied to law, noting how the main goal today has become predictability rather than understanding of legal experience. The contribution offers some opening paragraphs, in which the author clarifies the meaning of the terminology adopted; the concluding ones are about the relationship between legal methodology and the technology produced by artificial intelligence. [ABSTRACT FROM AUTHOR]

This paper aims to examine, in the context of various types of idiomatic phrases and proverbs of Promessi sposi (1840-1842), the so-called somatic idioms, in particular those that contain lexemes referring to parts or organs of human anatomy. Examples are given, especially, of two categories of somatic idioms: first of all, those that have little attestation in the literary tradition prior to the novel, and of which vocabularies identify as the first example the Promessi sposi. Secondly, are analysed some of those found by the Author in vocabularies and writers, as documented in Manzoni's marginalia and linguistic works. The arguments given can help reveal Manzoni's idea of an Italian language formed with the common background of all dialects and prove that his novel convey the expressions examined in the current Italian phraseology. [ABSTRACT FROM AUTHOR]

Behind many Italian's idioms are hidden mythological figures and stories coming from Greek Mythology. Today, the so-called Gen Z seems to be more and more distant from a well-balanced knowledge of the classical world -- partly because the study of epics is not deep enough during school term, partly because models and cultural references have changed. Have these idioms become opaque to them or are they still transparent? By means of a questionnaire to a sample of two High School classes of IIS Carlo Urbani (Roma), the aim of the present intervention is therefore to test the students' figurative competence regarding ten E.I. related to the classical universe. Based on their answers and hypotheses, this paper then reflects on the frequency of use and intelligibility of these E.I. and suggests different ways to approach young people to the epic while studying. [ABSTRACT FROM AUTHOR]

In the educational project «dal dialetto alla lingua», promoted by Lombardo Radice and institutionalized through the reform by minister Gentile (1923), many volumes dedicated to teaching Italian to dialect-speaking students have been characterized by the presence of proverbs widespread in the reference areas. This paper proposes to investigate the characteristics of the paremiological heritage transmitted in the dialect-Italian bilingual volumes, which also present differences in the production intended for the same area determined by the choices of the individual authors. Through the analysis of a large sample of volumes addressed to different Italian areas, we will try to hypothesize which translation were most functional to the objectives proposed by the method, between a type of translation close to the dialect text, an explanatory translation, or a translation that transmits an Italian-Tuscan language model. [ABSTRACT FROM AUTHOR]

This paper focuses on Italian idiomatic expressions (i.e.) fare le corna and avere le corna as a symbol of cheating. The i.e. are enquired in databases of written and spoken Italian starting from real use and evaluating occurrences. This analysis sheds light on the lexical and syntactic flexibility of the expressions highlighting their possible changes in context, the semantic relevance of every element and the productivity of the i.e. both on the level of single utterances and on that of discourse. The analyses lead to considerations about the pragmatic value of the use of fare and avere le corna and their possible modifications. [ABSTRACT FROM AUTHOR]

This paper explores the presence of phraseological expressions in Alfredo Panzini's Dizionario Moderno, considering the first edition (1905) and the last edition edited by the author (1935). The rich phraseological variety of the dictionary reveals itself in various aspects: spoken and dialectal language, literary quotations, co-presence of various modern and ancient languages, specialist languages in their relationship with the common language. In the last paragraph, the essay analyses the role of phraseology in the light of Panzini's linguistic ideas: according to the author, phraseological expressions are a vital and fundamental element of every language. Their presence in the Dizionario Moderno thus shows Panzini's attention to the evolution of the Italian language in the first decades of the 20th century. [ABSTRACT FROM AUTHOR]

This paper, which is part of the field of studies on Roman dialectal and regional phraseology, analyzes the idiomatic expression tre ppigne e 'na tenaja and its variant tre ppinze e 'na tenaja. This phraseological unit is documented in the 19th century: it is found in a roman poem of G.G. Belli (L'arma de Papa Grigorio, 1836). The aim is to reconstruct the history of this phraseologism and relate it to other expressions of the same semantic area. [ABSTRACT FROM AUTHOR]

The paper describes the diachronic development of two Italian idioms originated in the Bible: gettare le perle ai porci ('to cast pearls before swine') and vedere la pagliuzza e non vedere la trave ('a beam in your eye', literally 'to look at the splinter and not at the beam'). In particular, it focuses on the spread, among variants, of the most common forms today, those with the nouns perle and porci, and pagliuzza and trave. [ABSTRACT FROM AUTHOR]

The polyrhematic male d'arcu corresponds to the evil of the rainbow. It belongs to the class of nominal and prepositional polyrhematic expressions. This work examines the main features of same diseases names' in the Salento dialect; also this paper presents the results of a short comparison between the complex words male d'arcu, male de Santu Dunatu/Tunatu and focu/fuecu de Sant'Antoni. In conclusion, we will study how the use of polyrhematics responds to a dramatic attempt to deal with the experience of pain or illness, in a way that is as acceptable as possible, so if we dedicate ourselves to the saint in question we can it alleviate our disorders. [ABSTRACT FROM AUTHOR]

Nowadays, there are not comprehensive studies on the idioms used by Pier Paolo Pasolini in his vast literary and non-fiction production. There is only one essay, although rich in data and starting points, on a proverb cited in an article published in the weekly «Il mondo» in 1975 (Rondinelli 2017). This paper, therefore, essentially has three objectives: 1) to trace the idioms used by the Emilian writer, also referring to other interesting phraseology for the purposes of the research; 2) to provide information on the identified idioms, retracing the most significant elements of their history; 3) to identify the clues that explain their use in Pasolini. [ABSTRACT FROM AUTHOR]

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The paper focuses on some aspects of quotations and pseudo-quotations appearing in memes. The intersection between memes and quotations or snowclones represents an interesting linguistic element, especially from the point of view of the diffusion of phraseology or of single syntagmas in Italian. It is also a fundamental element to understand some cultural dynamics of cultural communication through the social media and the web. [ABSTRACT FROM AUTHOR]

The number seven is, since ancient Eastern cultures, the one that most clearly expresses philosophical, religious, astrological and Kabbalistic symbolism. It is considered the symbol of value and balance. This paper aims to reconstruct the vicissitudes of the phraseology underlying the number seven in Italian and its dialects [ABSTRACT FROM AUTHOR]

This paper focuses on the Italian multiword expression fuga dei cervelli (en. 'brain drain'), used since the 1960s and, nowadays, pivot of an ideologically oriented storytelling. This work aims to shed some light, in particular, on the following points: frequency evolution (in comparison to English, French, Spanish and German synonimes); lexical integration strategies and paths; transformations (variants, derived collocations, parodic reformulations, etc.); used synonimes; referential scope (who fugge 'runs away' from where?); conclusions are dedicated to outline future steps of the research. [ABSTRACT FROM AUTHOR]

This paper explores the idiomatic expressions involving an insect as a source and a human being or their activities as a target across three languages -- Latin, Italian, English. To scan their development through time we have opted for the use of three historic dictionaries as our reference, i.e. TLL, GDLI and OED. The analysis pursues several purposes: to determine and quantify the number of insects and idiomatic expressions synchronically and diachronically; to establish a comparison between the uses in the different languages; to discover common and culturally specific traits in how the three languages perceive the nature of insects, which have an impact on the sentiment regarding them; finally, to prove if there are anthropological, psychological and cognitive facets responsible for the sentiment entertained about insects. [ABSTRACT FROM AUTHOR]

Mogol and Battisti's lyrics belong to the collective heritage of our country. They have a multigenerational scope as they are known by their peer generation and by younger people, including the so-called Generation Z. This paper analyzes the popularity of a number of song titles and lines written by Mogol and Battisti that have entered common usage, not only in newspapers but also in everyday digital communication. Some of their common sayings are used in memes that can be defined as new communicative replicators. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 377-396 | Article | (Table of Contents) I. Introduction: the need for coordination between the supranational and international levels. – II. Models of coordination. – II.1. The prevalence model. – II.2. The balancing model. – III. Concrete application of the models. – III.1. The prevalence of obligations under customary international law. – III.2. The prevalence of rights and freedoms under EU law. – III.3. The balance of interests: national vs. EU citizenship. – IV. Concluding remarks. | (Abstract) Practice shows the existence of complex legal situations in which customary international rules applicable to the Member States interfere, even indirectly, with the competences of the Union, and vice versa. On the one hand, the implementation of a rule of customary international law by Member States could affect rights and obligations under EU law. On the other hand, the exercise of EU competences could affect the rights and obligations conferred on Member States by customary law. In these situations, the Union must reconcile two “equal and opposite” needs. On the one hand, it must ensure that Member States’ exercise of rights and obligations under customary international law does not undermine the effectiveness of EU law. On the other hand, it must prevent EU competences from interfering with the rules of customary international law applicable to the Member States. This Article aims to explore how the Union reconciles the exercise of EU competences with the exercise of Member States’ competences under customary international law. After examining the most prominent models that could theoretically be used to coordinate the two spheres of competence (section II), the attention will turn to the approach adopted by the ECJ (section III) to determine whether this approach affects the prerogatives of the EU Member States as sovereign states under international law (section IV).

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 311-335 | Article | (Table of Contents) I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in Europe. – IV.1. New or newly discovered facts. – IV.2. Fundamental defects in proceedings. – IV.3. The influence on the outcome of the case. – V. Concluding remarks. | (Abstract) The principle of ne bis in idem, intrinsically linked to the concept of res iudicata, constitutes a fundamental cornerstone of criminal justice, ensuring protection against multiple prosecutions or punishments for the same offense. Nevertheless, the ever-evolving legal landscape has engendered extensive discussions concerning the potential reopening of criminal cases, particularly in light of novel evidentiary findings or fundamental procedural irregularities in the criminal proceedings at stake. This Article embarks upon a comprehensive and exhaustive inquiry into the intricate interplay between the re-examination of criminal proceedings and the ne bis in idem principle in Europe. By concentrating on key legal instruments, including the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights (ECHR), and the Convention Implementing the Schengen Agreement (CISA), this study aims at exploring the theoretical, legal, and human rights implications associated with such a course of action. At the heart of this analysis lies a meticulous examination of art. 4 of Protocol 7 to the ECHR, which serves as a pivotal benchmark governing the permissibility and justifiability of reopening criminal proceedings. Within this context, it will be demonstrated that, unfortunately, the interpretation of the latter provision by the Strasbourg Court – which provides for the minimum standards of protection of ne bis in idem in EU law – has not been consistent, creating potential issues concerning legal certainty and clarity that could undermine the essence of the said principle. Against this composite background, the primary objective of this Article is to illuminate the extent to which the principle of ne bis in idem may be rendered less stringent, in exceptional circumstances, to accommodate legitimate grounds warranting the reopening of criminal proceedings within the European legal framework.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 397-422 | Article | (Table of Contents) I. Introduction. – II. The EU decision to assist Ukraine: a watershed yet not unpredictable moment. – III. The international relevance of the EU assistance to Ukraine. – IV. A measure of collective self-defence? – V. Attributing the assistance in favour of Ukraine to the EU Member States: the general criteria of arts 4 ARS and 6 ARIO. – VI. Attributing the assistance in favour of Ukraine to the EU Member States: the con-trol-based criteria. – VI.1. The effective control test. – VI.2. The overall control test. – VII. Attributing the assistance in favour of Ukraine to the European Union: the adoption criterion. – VII.1. The legal features of the adoption criterion. – VII.2. Assessing the animus adottandi. – VII.3. The adoption made by Deci-sion 338. – VII.4. The characteristics of the adoption of States’ conduct. – VII.5. The requirement of in-jured States’ or integrational organisations’ consent. – VIII. The effects of Decision 338 on international law on collective self-defence. – VIII.1. Conclusion n. 4(2) and Decision 338: the conditions for relevance. – VIII.2. Conclusion n. 4(2) and Decision 338: the conditions for great relevance. – IX. Concluding re-marks. | (Abstract) The European Union's decision to supply weapons and military equipment to the Ukrainian army, which is engaged in repelling Russian aggression, could amount to an international use of force, albeit minoris generis. In this case, the question arises as to whether it is admissible under international law on the use of force. One possible legal basis is the legal regime of collective self-defence. However, accord-ing to the classical interpretation, international law only grants States the power to act in self-defence, and the assistance benefiting Ukraine provided under Council Decision 2022/338 does not seem to be attributable to the EU Member States, even if they have brought weapons onto Ukrainian territory. On the contrary, military support for the Ukrainian army seems entirely attributable to the Union, which would have adopted the conduct of its Member States as States and international organisations might do with the conduct of individuals under international law of responsibility. This Article argues that the Council's decision to supply weapons to the Ukrainian army can be regarded as a first attempt to amend customary law, precisely to allow international organisations to act in collective self-defence in certain limited cases.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 423-442 | Article | (Table of Contents) I. Introduction. – II. The legal principles governing EU coordination in international law-making fora: a weakness or a strength of Member States' external sovereignty? – III. The case of the Maritime Labour Convention: the journey of human rights from the EU to China via international law. – III.1. The Conven-tion and the EU's role in its elaboration. – III.2. The EU's rationale for uploading human rights standards into international law: a rights-oriented approach. – III.3. The impact of the Maritime Labour Conven-tion in China. – IV. Conclusion. | (Abstract) This Article presents two arguments and explores the relationship between them. First, the principles governing coordination between the EU and its Member States in multilateral fora (mainly, sincere co-operation and unity in the EU's representation) serve to increase the Member States' influence in inter-national law-making. Thus, there is a trade-off between the autonomy of Member States to determine their own positions in multilateral fora, and their capacity to influence such fora: the lesser the former, the greater the latter. Second, such an influence can be used by the EU and its Member States to pro-mote human rights laws abroad, “uploading” high standards into multilateral treaties, which are subse-quently “downloaded” by third states through ratification and implementation. Therefore, there is a link between the mentioned EU external relations law principles (which are a “condition” for a success-ful promotion) and the obligation to promote values set in arts 3(5) and 21 TEU (which provides the “direction” of the promotion). Consequently, when Member States complain about excessive EU intru-sion into their autonomy through common positions in multilateral fora, they should bear in mind that they are not only bound by the above-mentioned legal principles, but that their obligation to promote certain values abroad is also at stake. The case of the EU's influence on the Maritime Labour Conven-tion and its impact on Chinese law and policy is used to illustrate the arguments.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 337-366 | Article | (Table of Contents) I. Introduction. - II. Air quality and EU law. - III. The CJEU’s case law on AQD. - iii.1. Public enforcement. - iii.2. Private enforcement. - IV. The JP judgement: no right to seek damages caused by air pollution. - iv.1. Damages are no longer a necessary corollary of direct effect. - iv.2. Member Staes liability for violation of EU law. - iv.3. Arts 13 and 23 AQD: rights whose infringement has no consequences attached. - iv.4. Between general and individual interests. - V. Conclusions | (Abstract) If the JP ruling were a book, it would be a thriller: not only the reader may be surprised by its outcome and by the arguments developed by the CJEU to support it, but it also contains a genuine “plot twist”, as until the end one is led to believe that the CJEU would have decided in the opposite way. While in previous cases it has constantly sought to enhance the effet utile of the EU regime on air quality, here the CJEU decided that individuals cannot claim compensation for damages suffered due to Member States’ infringements of that regime. By holding that Directive 2008/50/EC cannot confer rights to individuals because it pursues a general objective, the ruling seems inconsistent not only with the case law in this field, but also with several profiles that characterize the EU legal order from a broader perspective, such as the relation between direct effect and Member States’ liability. In addition to undermining the argument that EU law may recognize a substantive right to clean air, the ruling reduces the deterrent effect of Directive 2008/50/EC eliminating civil damages from the expected costs of air quality standards violations. The revision of Directive 2008/50/EC is currently under discussion and the Commission’s proposal – drafted before the JP ruling – recognizes the right to damages. The hope is that this point will survive the legislature procedure, reducing the relevance of the JP ruling: however, this is a feeble expectation considered the (need for Council’s approval and the) impact on Member States.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 367-376 | Article | (Table of Contents) I. The state(hood) of the Union. – II. The EU as a state in international agreements. – III. The EU as a state under the 1969 Vienna Convention. – IV. The EU as a state in international dispute settlement. – V. Degrees of statehood? | (Abstract) There is one thing that lawyers - from both European Union and international law perspectives – can agree on: the EU is not a state. Yet the EU is now treated as a state-like entity in a variety of legal settings. Through concluding and participating in international treaties, through the CJEU interpreting and applying international agreements; and through dispute settlement bodies accepting the multiple nature of EU law, the Union now presents challenges to international law. This contribution argues that a conception of sovereignty as a functional and relational concept, rather than absolute and indivisible, would allow the Union to be accepted as a state for certain purposes in international law. The term “state” in international agreements could be interpreted to include legal persons, such as the Union, exercising degrees of statehood. If the EU continues to be regarded as a state-like entity, there will be a growing case for legal consequences to flow from this. Rather than speaking of the Union’s indeterminate or dual character in international law, it should be regarded as exercising degrees of statehood.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 443-460 | Article | (Table of Contents) I. Introduction. – II. The EU control of harmful tax measures: the Code of Conduct for Business Taxation and other forms of cooperation between tax authorities. – III. State aid law as a tool against harmful tax measures. – IV. The rocky road to corporate tax harmonisation. – V. Is the EU overstepping its powers? Conclusive remarks. | (Abstract) The present Article analyses the legal instruments used at the EU level to tackle harmful tax competition in order to consider whether the EU action in this field is an undue limitation to national fiscal autonomy. State aid rules are the only “hard law” set of rules that have been used until now. As the Court of Justice stated in the Fiat case, the extensive notion of State aid adopted by the Commission in the assessment of tax rulings is an attempt of “backdoor tax harmonisation” that violates the Treaty provisions and national prerogatives in tax matters. On the other hand, forms of coordination between fiscal authorities, such as the Code of Conduct for Business Taxation, are not sufficient and corporate tax harmonisation is not achievable at the moment because of the lack of political will. The key contention of this Article is that the strategies and instruments put in place by the EU to tackle harmful tax competition are inadequate and, in the case of State aid, unduly restrict Member States’ fiscal autonomy.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 287-309 | Article | (Table of Contents) I. Introduction. – II. A Brief (Constitutional) History of Kosovo. – III. Human Rights in Kosovo’s Legal Order. – III.1 Constitutional Integration. - III.2 Judicial Application. – IV. Standard-Setting, Monitoring and Cooperation Mechanisms. – IV.1 The Horizontal Facility. – IV.2 Other Programmes and Projects. – IV.3 From Projects to Change. – V. Conclusion and Outlook. | (Abstract) Areas of contested statehood present challenges to human rights on both a normative and a practical level. As areas of contested statehood face difficulties in acceding to human rights treaties and international organizations, more creative solutions have had to be found to ensure the protection of human rights in line with international standards. In recent years, Kosovo has been one of the most prominent examples of an area of contested statehood in Europe. This Article focuses on the role of one key international actor – the Council of Europe (CoE) – regarding the promotion of human rights in Kosovo. Combining doctrinal and empirical analysis, the Article discusses two key aspects of the relationship between the CoE and Kosovo: (1) the constitutionalisation and judicial application of the CoE’s human rights standards in Kosovo’s constitutional legal order; and (2) Kosovo’s interaction with the CoE’s human rights standard-setting, monitoring, and advisory mechanisms. This Article argues that these two aspects of the CoE’s and Kosovo’s relationship have been relatively impactful in embedding the CoE’s human rights standards in Kosovo. This has occurred to such an extent that Kosovo’s human rights system has now become inextricably tied to the Council of Europe’s human rights standards, despite not (yet) being a member of the CoE.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 275-286 | European Forum Insight of 15 July 2024 | (Table of Contents) I. Introduzione. - II. I fatti di causa, il contesto in cui il rinvio si colloca e le conclusioni dell’AG. - III. La sentenza della Corte: gli elementi di novità. - IV. Conclusioni: la valutazione positiva dell’approccio Getin Noble Bank e della sua successiva applicazione in L.G. | (Abstract) Until recently, it would have been tautological to say that the question of assessing independence did not arise when the preliminary ruling instrument was activated by a national judge: judges in the Member States were presumed to be independent. However, in the context of the rule of law backsliding, with the adoption of national laws aimed at undermining the guarantee of independence and making the judiciary subject not only to the law but also to the executive, the Court of Justice was obliged, in the Getin Noble Bank judgment, to limit this presumption in cases where there is a final judgment of a national court or of the ECHR which gives rise to a presumption of infringement of art. 19(1) TEU and art. 47 of the EU Charter. The L.G. judgment is a landmark decision, as it is the first time that the Court of Justice has overturned the “presumption of independence” on the grounds that the Polish Chamber for Extraordinary and Public Affairs cannot be considered a judicial body within the meaning of art. 267 TFEU, due to irregularities in the procedure for the appointment of its members. The aim of this Insight is twofold: firstly, to analyse the facts of the case, the context in which the reference is made, the arguments of the AG and the Court's decision, highlighting its new elements, especially in relation to ECHR jurisprudence; secondly, to examine the systemic impact of the judgment.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 261-274 | European Forum Insight of 08 July 2024 | (Table of Contents) I. Introduction. - II. Art. 9(3) of the Aarhus Convention and access to justice. - III. Art. 9(3) and the EU legal system: a story of uneasy bedfellows. - IV. The “sectoral” approach and its shortcomings. - iv.1. The genesis of the “sectoral” approach. - iv.2. Analysis of the sectoral provisions: a patchwork of inconsistent approaches. - V. Conclusion | (Abstract) Access to justice in environmental matters is one of the three pillars of the Aarhus Convention, to which both the EU and its Member States are Parties. In the Convention, access to justice is subdivided into four limbs. Art. 9(3) contains the general obligation of access to review procedures for the public of acts and omissions of private persons and public authorities concerning national law relating to the envi-ronment. Art. 9(3) had to be transposed by the Parties to the Convention, taking the discretion left by the vague wording of the provision into account. At the EU level, unlike for art. 9(1) and (2), there is no formal transposition of art. 9(3) in a dedicated Directive, because of Member States’ reluctance. The so-lution found by the Commission to remedy this lack of EU legislation on the matter was the publication of a soft law instrument in 2017. Since then, we have witnessed a shift in the approach used by the EU legislator, with access to justice provisions being incorporated directly into several pieces of “sectoral” legislation (Regulations and Directives), across various environmental areas. This Insight aims at retrac-ing the history of art. 9(3) of the Aarhus Convention in the EU legal order and at analysing and evaluat-ing the recent tendency of including access to justice rights in sectoral legislation.