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(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1629-1643 | Article | (Table of Contents) I. The present meaning of State sovereignty. – II. The sovereignty of EU Member States. – III. Concluding remarks. | (Abstract) The present Article addresses the issue of the sovereignty of EU Member States from the perspective of general international law. In a first part, it tries to define the present meaning of sovereignty in international law. As a guide, three main approaches to sovereignty are used, i.e. an understanding of sovereignty as independence, as Völkerrechtsunmittelbarkeit (direct legal relationship between a State and international law), and as an autonomy of States under the constitution of the international community. In a second part, the Article applies the criteria of these three approaches to the Member States of the EU. It also addresses the question of whether the EU itself can be qualified as sovereign, and the issue of a “shared” or “divided” sovereignty in Europe. By way of conclusion, the third part makes a plea for defending the concept of supranationalism, as established in Europe after World War II, against the idea of State sovereignty.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1403-1439 | Article | (Table of Contents) I. Introduction. – II. The concept of autonomy beyond a jurisdictional claim. – III. Autonomy as a source of coherence. – IV. Autonomy’s omnipresence in the case law of the Court. – IV.1. Autonomy operating visibly. – IV.2. Autonomy not explicitly mentioned but operating actively. – IV.3. Autonomy as a silent undercurrent. – V. Conclusion. | (Abstract) This Article aims to demonstrate that if there is a single vision of the jurisprudence of the Court of Justice of the European Union, it is the idea of autonomy. It portrays how autonomy, defined as an idea of a new legal order with its distinct ontological and axiological character, serves as an organizing principle ensuring the coherence of the case law. It first examines the concept of autonomy, and then investigates the presence of autonomy in the case law of the Court, arguing that it is either explicitly or implicitly always present as the undercurrent in the Court’s legal reasoning. It goes on to show the inextricable link between autonomy and the fundamental principles of the EU legal system, among them the rule of law, the protection of human rights and the effectiveness of the EU legal order. By drawing upon case law of the Court in varied areas of EU law, the Article establishes that autonomy, with its distinct character, is the most important guideline in understanding the Court’s jurisprudence, ensuring its predictability and coherence. Autonomy vitally ensures pluralism of the European Union by contributing to the integrity of the judicial process and enabling the Court to speak with one voice. Through Aristotle’s’ approach for the search of knowledge, the Article portrays that autonomy is not the end in itself, but is rather vital for realizing the goals and values of the European Union.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1441-1464 | Article | (Table of Contents) I. Introduction – II. Cultural analysis, metaphor and the imageries of project and system – III. Autonomy and project and system in EU law – III.1. The EU legal order as the ECJ's project to create a system – III.2. The EU legal order as construction and body – III.3. Autonomy as the immanent principle of EU legal order – IV. The autonomy of EU legal order and the tension between project and system – IV.1. Autonomy and the presumed compatibility of telos, ethos and system – IV.2. The incompatibility of autonomy as project and system – V. Conclusion | (Abstract) This Article examines the understanding of EU legal order that underpins the concept of the autonomy of EU legal order. Building on the work of the American constitutional scholar Paul Kahn, this Article argues that the EU legal order can be understood as either project or system. From the perspective of project, the autonomy of EU legal order is the necessary means to realise the values and objectives the EU pursues, but from the perspective of system, the autonomy of EU legal order is an end in itself. By making this tension explicit, this Article hopes to cast doubt on the claim that autonomy operates in complete harmony with the telos the EU pursues and the ethos on which it is founded. Autonomy will only express a telos or ethos if these align with the preservation of the systemic integrity of the EU legal order. There thus exist no necessary relationship between the autonomy of the EU legal order and the objectives and values it pursues, but only a contingent one.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1317-1331 | Article | (Table of Contents) I. Introduction. – II. Autonomy in the early theories of sovereignty. – III. A historical hypothesis: autonomy as an institutional tool. – IV. The triumph of autonomy. – V. A change of paradigm: absolute autonomy v offene Staatlichkeit. – VI. Reverse autonomy. – VII. Autonomy of the EU vis-à-vis its Member States. –VIII. Autonomy vis-à-vis international law. – IX. Autonomy v Völkerrechtsfreundlichkeit. – X. The political dimension of autonomy. | (Abstract) The notion of autonomy sinks its roots in the dynamics between political sovereignty and legal sovereignty. Although autonomy, namely normative sovereignty, was perceived by the early theorists as an inseparable prerogative of the sovereign, its conceptual development took far more time than the notion of political sovereignty. Autonomy emerged at a later time in-keeping with the conception of a legal order, conceived of as a close system of rules proceeding from a fundamental rule conferring normativity to the whole system. In the process of the European integration, the notion of autonomy followed an inverse trajectory. Whereas the EU does not possess the prerogatives of political sovereignty, it developed into a normative entity independent vis-à-vis the legal orders of its Member States. But the transplant of this notion of absolute autonomy in the realm of international law could deeply affect the capacity of the EU to implement its international values enshrined in its Constitutional setting.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1247-1254 | Article | (Table of Contents) I. The autonomy of EU law and legal theory: bridging the disconnect. – II. Overview of this Special Section. | (Abstract) The autonomy of EU law is a source of ample connections between EU law and legal theory. This Special Section contributes to the mutual enrichment between EU constitutional law and legal theory – which traditionally have been mostly disconnected disciplines – by bringing together new, theory-informed perspectives on the autonomy of EU law and European integration from both EU lawyers and legal theorists. The ten Articles in this Special Section are grouped together in three categories, focusing re-spectively on philosophy of law, legal theory and legal history, and legal doctrine and the role of the European Court of Justice. Together, they provide a plethora of contrasting and complementary legal-theoretical views on the autonomy of EU law and the EU legal order, within the broader context of European integration. With this Special Section, we aim to contribute to the legal-theoretical analysis of EU constitutional law, hoping that many others will follow in our footsteps.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 713-739 | Article | (Table of Contents) I. Introduction. - II. The pre-assessment. - II.1. The legal question. - II.2. The Court's rejection of Article 21 CFR. - III. The Court's assessment of art. 20 CFR. - III.1. "Within the Union itself". - III.2. Procedural rights - different differently. - III.3. Substantive rights - equals equally. - IV. An alternative way to make sense of art. 20 CFR. - IV.1. "Everyone". - IV.2. "Is equal". - IV.3. "The law". - IV.4. A Constitutional choice. - V. The constitutional dilemmas. - V.1. Compliance with the rule of law versus the rule of law as a foundational value. - V.2. Quick fix versus long-term refinement. - V.3. Inclusion versus exclusion of national Courts. -VI. Justification. - VI.1. The hidden rational. - VI.2. Autonomy or unity? The silent choice. - VII. Conclusion. | (Abstract) According to Opinion 1/17, the ISDS mechanism contained in CETA is in conformity with the fundamental requirement of art. 20 of the Charter of Fundamental Rights that "everyone is equal before the law". The assessment rests on two assumptions. First, in the substantive sense, CETA does not afford a higher level of protection to Canadian investors than EU law affords to European investors. In this respect, investors of different origins are equals who are treated equally. Secondly, ISDS provides specific procedural rights to foreign investors, which cannot be invoked by domestic investors. According to the ECJ, Canadian investors are not legally obliged to have the same trust in the institutional system of the EU as domestic investors. In this respect, Canadian investors are different from European investors, thus it is justified to treat them differently. The Article shows that in addition to the Court's assessment of substantive and procedural aspects, art. 20 CFR can be constructed to contain a systemic requirement of unity. The paper identifies a looming conflict between EU law's autonomy and Law's unity that may explain why the Court chose not to engage in a more open-hearted attempt to identify the values inherent in art. 20 CFR. Due to its strong protection of the autonomy of EU law, the ECJ has em-braced what is in fact the main problem of the ISDS mechanism - its complete disentanglement from the legal order that it scrutinizes. In the absence of unity, autonomy's guarantor - "everyone" - is cut off.

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 319-329 | Insight | (Table of Contents) I. Introduction. - II. Jurisdictional sovereignty: a core element of an elusive concept. - III. EU autonomy as construed by the Court of Justice. - IV. Jurisdictional sovereignty of the EU as a legal construction. - V. Concluding reflections on the Court's autonomy conception in context. | (Abstract) Despite all rhetorical references to European sovereignty, the EU cannot make a convincing claim to sovereignty under international law. International law does not vest non-state actors with sovereignty. What the EU can do and what it also does is that it acts as if it was a sovereign entity and claims certain rights that are considered core elements of State sovereignty. This paper sheds light on the meaning of the notion of sovereignty in the specific context of the EU's external legal relations. It argues that the Court of Justice's conception of the autonomy of the EU legal order provides the EU de facto with a core element of State sovereignty, namely a form of (negative) jurisdictional sovereignty that otherwise only States can claim. Under international law, a State's exclusive right to decide what acts shall be given effect on its territory is virtually undisputed. It is the core of the external aspect of negative sovereignty and functions as an independent, overriding justification to keep external influences out. The Court's autonomy conception serves the same purpose. The Court's broad conception of external influences that could threaten the EU's autonomy has in the past jeopardized international cooperation plans of the political institutions of the EU. Yet, shutting out external interference is also a necessary precondition for positive sovereignty, i.e. the ability to determine one's own course of action as a polity, as well as democratic legitimacy.

Copyright of Psicoanalisi is the property of FrancoAngeli srl 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.)

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1255-1268 | European Forum Insight of 23 December 2021 | (Table of Contents) I. Introduction. - II. Background. - III. Jurisdiction. - III.1. Multilateral agreement argument. - III.2. EU law interpretation argument. - IV. Intra-EU application of the ECT. - IV.1. Does an ECT tribunal interpret EU law?. - IV.2. Autonomy of the EU Legal order. - V. Conclusion. | (Abstract) In case C-741/19 Republic of Moldova v Komstroy LLC ECLI:EU:C:2021:655, the Grand Chamber of the Court of Justice of the European Union found that the acquisition of a claim arising from a contract for the supply of electricity does not constitute an "investment" within the meaning of the Energy Charter Treaty (ECT). Yet the impact of the case goes far beyond this finding. In coming to this conclusion, the Court found that i) it has jurisdiction to give a preliminary ruling in a dispute that has little or no connection to the EU legal order and ii) the intra-EU application of the ECT's investor-state dispute settlement mechanisms is incompatible with EU law. The Court thus answered the question, debated in academia and before arbitral tribunals, whether the reasoning in its 2018 Achmea judgment applied in relation to the ECT's dispute settlement provisions. Whereas arbitral tribunals have approached the issue through the lens of public international law, in particular the law of treaties, the EU Court approaches the question as one about the autonomy of the EU legal order. Like Achmea, the effects of Komstroy outside the EU legal order are likely to be limited.

The aim of this paper is investigating some implications of Cornelius Castoriadis' thought in the field of legal philosophy. In particular, the analysis will deal with the classical topic of the distinction between government by laws and government by men. To this purpose, it could be useful to retrace Castoriadis' re-thinking of Plato's Stateman, where the Greek philosopher talked about the first and the second sailing. These categories are crucial also to understand the project of autonomy developed by Castoriadis, bearing in mind that autonomy in this sense does not mean "anomie" or lack of any norms; conversely, according to Castoriadis, autonomy has the sense of give to oneself one's laws or rather, "to make one's laws, knowing that one is doing so". [ABSTRACT FROM AUTHOR]

In this paper I discuss the relationship between Cornelius Castoriadis and Ancient Greece by focusing on the meaning of tradition and on the possibility to produce new philosophical and political reflections through it. I analyze the general features of his reading and I argue that his interest also develops in many texts and forms. I distinguish different dimensions of this relationship, which does not concern only the analysis of Greek society but also that of philosophers and their works. I clarify that Castoriadis turns to ancient authors' texts in order to philosophize through them and to develop his own thinking. [ABSTRACT FROM AUTHOR]

Cornelius Castoriadis's entire work has been all along devoted to pursuing a vehement critique of all kinds of ontological foundation of political institution. His fostering of the radically social-historical characters of collectivity has been constantly played against the aspiration to base contingency upon absolute precepts. Nevertheless, as I attempt to show in this paper, his institutional theory, while freeing itself from ontological absolutes, risks being haunted by another kind of absolutism, one of democratic outline. Such an absolutistic seduction, in my view, takes the form of a strong, all too strong defense of direct democracy and radical autonomy as well as rejection of political representation. As a consequence, Castoriadis's discourse can be viewed as inhabited by a structural contradiction: while the search for an originary purity is discarded at the ontological level, it shows its phantasmatic perpetuation in the realm of politics. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 567-577 | Article | (Table of Contents) I. Introduction. - II. A constitutional moment: admissibility subordinated to competence. - III. The tension be-tween the institutional and the organic visions of Europe: the nature of the contested act. - IV. ERTA and us: contested equilibria between the two visions of Europe? - V. Concluding remarks. | (Abstract) The ERTA case marks the constitutional inception of EU external relations. It laid the foundations for the legal framework governing the exercise of the EU's external competences and is often associated with the development of the doctrine of implied powers. The main tenets of the Court's pronouncement continue to define the fabric of the EU's external action. As the first Commission v Council litigation, ERTA encapsulates a still perceivable tension between two visions of Europe. One emphasises the autonomy of the EU institutional framework, the other regards the EU institutions as common organs in the hands of the Member States. ERTA's dossier de procédure constitutes a unique laboratory to assess the development of the EU as a legal order and an international actor. Its precious documents offer new sources to appreciate the abovementioned tension and unravel the shifting constitutional equilibria emerging from the interplay between EU and Member States treaty-making powers. Building on the archival research, this Article reflects on the inner working of the Court's judicial strategy. It seeks to shed novel light on the genealogy of the fascinating debate on the constitutional underpinnings of EU external relations.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 621-630 | Article | (Table of Contents) I. Introduction. - II. Autonomy. - III. The principle of equal treatment and effectiveness. - IV. The right of access to an independent tribunal. | (Abstract) This Article introduces the Special Section on "Opinion 1/17: Between European and International Perspectives", by providing an overview on the Opinion's main issues, that is, autonomy, the principle of equal treatment and effectiveness, and the right of access to an independent tribunal.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 741-755 | Article | (Table of Contents) I. Introduction. - II. Questioning art. 47's role in the Opinion procedure. - II.1. Art. 47's specific scope of application. - II.2. The specific function of art. 47. - III. Judicial protection standards in the opinion procedure. - III.1. Judicial protection as part of the autonomy claim? - III.2. Judicial protection as part of the common commercial policy. - IV. Concluding remarks. | (Abstract) In Opinion 1/17 the CJEU held that the ISDS Mechanism under the CETA is compatible with Union law, including the right of access to an independent tribunal, as enshrined in art. 47(2) and (3) of the Charter. Although the emphasis on access to an independent tribunal, as a separate ground in the compatibility review, has a constitutional dimension, the applicability of art. 47(2) and (3) with regard to an independent dispute settlement mechanism, that stands outside of the judicial systems of CETA's Parties, invites to discuss the place of art. 47 of the Charter in the Opinion procedure. The Article suggests distinguishing the right of access to an independent tribunal, which is to be preserved in CETA's ISDS mechanism, from art. 47 of the Charter, in light of its specific scope of application and function in the EU legal order. The CETA's guarantees of judicial protection could be assessed from the perspective of the autonomy claim. However, this would lead to conceptual difficulties that could be circumvented by assessing the guarantee of a right of access to an independent court from the perspective of CETA's compatibility with art. 207 of the TFEU, as the standards of judicial independence can enter substantive primary EU law through their absorption by the Union's objectives in the field of common commercial policy. Promoting judicial protection as part of the trade policy could reinforce the credibility of the Union as an actor in international trade and in international procedural law.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 631-644 | Article | (Table of Contents) I. Introduction. - II. The concept of autonomy. - III. The fundamental aspects of the principle of autonomy in the light of Opinion 1/17. - III.1. Opinion 1/17 and the allocation of competences. - III.2. Opinion 1/17 and the preliminary reference procedure. - III.3. Opinion 1/17 and the control of EU law. - IV. Evaluating the principle of autonomy after Opinion 1/17. - V. Conclusions. | (Abstract) Opinion 1/17 generated substantial scientific debate about the impact of Investor State Dispute Settlement mechanisms on the dynamic notion of the "autonomy" of the EU legal order. While analysing Opinion 1/17, it is important to evaluate the arguments that convinced the Court in reaching the conclusion that the creation of an Investment Court System provided in CETA to handle investment disputes is compatible with EU law. Focus on the merits of these arguments is amplified by the constant efforts of the CJEU to safeguard its strategic position as the sole guardian of the EU Treaties and of the EU legal order as a whole. The present analysis primarily explores the critical points in the Court's arguments that are related to the notion of autonomy. The primary argument put forth is that the rationale behind Opinion 1/17 leaves an existent, however narrow, risk for the adequate preservation of the autonomy of EU legal order that needs to be addressed. This enhances the need for the CJEU to find in the future ways for an inclusion of the arbitral dispute settlement structures. Inevitably so, the present analysis highlights the fundamental necessity to preserve the autonomy of EU legal order while exploring the pathway to reconcile two necessities: the need for an autonomous 'self-dependence' of the Union's legal system and the need of conciliation in the field of international investment arbitration. The strategic importance of safeguarding the autonomy of EU Law, a conditio sine qua non for the overall EU integration process, should better rely on practical, technical ways for its observance than to policy influenced fluctuations of its normative substance.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 675-692 | Article | (Table of Contents) I. Eureka moments. - II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. - II.1. Hypotethicals can make the difference between a strict or a lenient approach. - II.2. Fictions and assumptions used as legal arguments. - II.3. Not analysing an issue thoroughly enough. - III. External autonomy as a shapeshifter and its similar functions to direct effect. - IV. Conclusions. | (Abstract) Academics often get caught up in analysing every minute legal technicality in the Court of Justice's assessment of a foreign dispute settlement mechanism (DSM)'s compatibility with EU law and its autonomy. This is not surprising as the compatibility assessment in essence is a constitutionality check with great ramifications. Instead of this formalistic approach, this article invites academics and practitioners alike to view autonomy as a "shapeshifter". Just like the "direct effect" of international law in the EU legal order, "external autonomy" will morph into a shield that protects EU law from international law or it will become an embracer of international law and international DSMs. The shapeshifting might in part depend on the extent to which non-legal considerations inform the Court's strict or narrow approaches to the compatibility assessment. The Court achieves this with the help of different techniques, such as the reliance on various hypotheses and fictions, and the summary treatment of certain issues that might be crucial to the assessment.

Due to the pandemic context, the sudden arrival of teaching online in the university setting has profoundly changed pedagogical habits, especially in the case of foreign language teaching. With the aim of responding to the deficit of speaking interaction generated by these changes, several initiatives have been launched. Among these, within the teaching of Spanish and French as foreign languages at the University for Foreigners of Siena and of Italian as a Second Language at the University of Poitiers, in the summer of 2021 etandem systems were proposed, oriented towards voluntary students from seven universities in Latin America and Europe. This paper will present, after having recollected the principles of autonomy and of collaborative learning based on linguistic tandems and having searched through the literature on the role of the teacher in question, an online questionnaire given out to around 350 participants in the initiative. The data collected will then be presented and discussed, to reflect finally on the type of tutoring to propose to the participating students in order to maximise their learning of a second language. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 61-78 | Article | (Table of Contents) I. Introduction. - II. Beyond autonomy: mutual trust applies to investment protection and beyond. - III. The application of Achmea by investor-State tribunals. - IV. The consequences: how Member States have committed to apply Achmea. | (Abstract) This Article considers the role, application, and implications of the Achmea judgment (judgment of 6 March 2018, case C-284/16 [GC]). As such, the Authors first consider the Leitmotive of Achmea, that is to say, the principles of autonomy and mutual trust. The latter principle, it is argued, should be given much more attention, particularly in light of its fundamental importance in the overall architecture of the European Union. The Article then critically analyses the application of the Achmea judgment by intra-EU arbitral tribunals and how these tribunals have distinguished the effects of the judgment for their assessments on jurisdiction. In a concluding section, the Authors finally reflect on the declarations made by Member States on 15 and 16 January 2019 on the implications and interpretation of Achmea and the intended effects thereof for pending arbitrations.

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 109-121 | Article | (Table of Contents) I. Introduction. - II. Achmea's relevance as a precedent for Opinion 1/17. - III. Application of the Achmea test to the CETA tribunal. - IV. Conclusion: an Opinion foretold? | (Abstract) The Achmea judgment of the Court of Justice (judgment of 6 March 2018, case C-284/16 [GC]) indicates that two Member States cannot set up an investor-to-state dispute settlement mechanism via a bilateral investment agreement inter se. Does this imply that the Union cannot set up an international investment tribunal through an agreement with a third State? The Court will rule on this issue in Opinion 1/17, dealing with the compatibility between the Canada-EU Comprehensive Economic and Trade Agreement (CETA) and EU Treaties. The present Article suggests that the Court drafted Achmea having Opinion procedure 1/17 in mind. However, the Achmea judgment is ambiguous: the Court implicitly distinguished Achmea from CETA but elaborated a test potentially applicable to all investment tribunals, including the CETA Tribunal, which is at issue in Opinion procedure 1/17. Should the Court apply the Achmea test in Opinion 1/17, the fate of the CETA Tribunal might be all but sealed.

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(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1105-1115 | European Forum Insight of 22 December 2016 | (Table of Contents) I. Introduction. - II. The Judgment of the Grand Chamber. - III. The Presumption of Harmony between the UN Charter and the ECHR: Primacy Revisited. - III.1. Art. 103 of the UN Charter: Between Hierarchy and Conflict. - III.2. The European Court of Human Rights and the UN Charter. - III.3. The Presumption of Harmony in Al-Dulimi: Burying the Head in the Sand? - IV. Conclusion. | (Abstract) The judgment of the Grand Chamber in Al-Dulimi and Montana Management Inc. v. Switzerland can be praised as an effort to avoid contradictions between the UN Charter and the European Convention of Human Rights. It is also a reminder that UN Sanctions Committees still fail to meet fair trial standards. However, the reasoning of the Grand Chamber is not beyond controversy. In justifying the lack of contradiction between the SC Resolution 1483 (2003) and the ECHR, the Grand Chamber relies on a presumption of harmony between two legal orders (the UN Charter and the Convention) that is open to discussion. Moreover, the application made in casu of such presumption is unconvincing, since it does not appear to be supported by other elements of inter-pretation.

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Copyright of Sociologia del Lavoro is the property of FrancoAngeli srl 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.)

The intense reform process that invests the Italian higher education and scientific research system is hereby considered in the light of the concept of accountability. Within that framework, the paper addresses the definition of accountability along with the associated principles of transparency, responsibility and responsiveness. The different logics and forms of accountability are thereafter discussed by highlighting the difficulties which arise with respect to the necessary link between accountability rhetoric and organizational models. The author argues that the present situation of widespread discomfort within Italian universities is related to the disconnection between prevailing types of accountability and sense of the reform process. The paper ends by proposing the concept of social accountability as a possible way to be explored in order to overcome the difficulties highlighted in the previous paragraphs. The principle is briefly presented. Some considerations are introduced as to its potentials but also as to some possible limitations [ABSTRACT FROM AUTHOR]

Considering the global increase in the number of Japanese language learners, the need to establish educational institutions (primary, secondary, higher education, non-school education) for Japanese language learning also arose in Croatia and, subsequently, the necessity to foster a new generation of qualified teachers with sufficient theoretical and practical background in teaching Japanese as a foreign language. The purpose of this paper is to examine and describe the process of implementing the graduate course Practice Teaching of the Japanese Language and Culture, along with its challenges such as online classes due to the Covid-19 pandemic. The paper discusses the role of teachers as facilitators, the role of students as trainees and the role of learners, i.e. the participants of an intensive two-week Japanese language course, which is part of the abovementioned graduate course. Furthermore, the paper discusses the learner survey and the trainee self-evaluation report with respect to the improvement of their knowledge.

The paper focuses on the multi-faceted personality and work of Piero Calamandrei – an outstanding protagonist in the sphere of law, academia, institutions and culture – highlighting how many provisions of the Constitution are indebted to his proposals. In particular, Calamandrei contributed to the drafting of norms on civil rights, the constitutionalisation of social rights, and the protection of the autonomy and independence of the judiciary, an aspect to which the Author pays specific attention along with the principle of the separation of powers, which constitutes the ‘beating heart’ of the relations between politics and the judiciary.

The aim of this paper is to explore the social experiences of some workers in different professional transition scenarios. I focus on observing subjective practices, precariousness and impermanences in order to grasp the tensions in individual experience and understand the meanings actors assign them. I gathered sixteen semi-structured interviews with workers in professional transition phases distributed in four different scenarios, balanced by gender. Basing on the stories collected, I discuss of an occasionally harsh tension between the experience subjects wish for themselves and the one organizational instances impose on them. Subjectivity as an assertion of originality and authenticity thus conflicts with rationalization as an incitement to efficiency and progress. Also, different spheres of experience seem to mutually interact. Employment, therefore, would be a sort of carrier for autonomy, as it would enable the subject to plan and act on other spheres of experience. [ABSTRACT FROM AUTHOR]

The aim of this contribution is to analyze the work experiences of 50 precarious young people, interviewed in a city of Northern Italy, Turin, and in a city of the South, Catania. The subjective points of view, the definitions, the perceptions and the strategies of the interviewees are investigated in relation to the transition to adulthood, phase of the life course (Elder 1995) that they are experiencing in a historical period and in societies marked by work precariousness as a state of generalized and permanent insecurity (Bourdieu 1998), and paying attention to the role of the territorial context. How can living in Turin and Catania change the interpretation that the young individuals give of their own precariousness, the "navigation" strategies of it and the possible "exit strategies" and where instead transversal similarities between the young people interviewed in the two cities emerge? What dimensions do influence differences and transversality? The present paper explores these questions. [ABSTRACT FROM AUTHOR]

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This paper challenges the argument for assuming that one single principle could provide acceptable solutions for all the issues discussed in bioethics, either self-determination or quality instead of sanctity of life. The example of eugenics bears out that what is really at stake is the capacity to cope with very complex decisions and intertwined values, that involve political no less than moral responsibility. Maybe it's not impossible to be 'pro-choice' and 'pro-life' at the same time. [ABSTRACT FROM AUTHOR]

The article challenges the established interpretations of personal autonomy, asserting that it can serve as a valuable lens for understanding contemporary society. In the article several reflections are provided on the implications and declinations of the topic, focusing on its paradoxes and ambivalences. The analysis starts from a specific field of observation, namely poverty and its contrast, and subsequently expands into broader considerations. In its prevalent declinations of independence and self-sufficiency, the concept encapsulates arguments that connote contemporary capitalism or the «performance society». By highlighting the pitfalls of such a conception, the article advocates for a redefinition of the concept in the meaning of interdependence. [ABSTRACT FROM AUTHOR]

A riqueza do debate ocorrido entre os filósofos Luc Ferry e Marcel Gauchet, em janeiro de 1999, deu origem a este artigo, em que os autores exploram os temas e as questões discutidas naquela ocasião. O artigo apresenta as diferentes posições dos dois pensadores franceses, cuja preocupação maior é pensar as condições de possibilidade da religião e do religioso nos tempos atuais. Tempos em que, segundo os debatedores, predomina a individualização da crença e nos quais a presença de uma religiosidade sempre mais inquieta, difusa e incerta convive com o enfraquecimento institucional das religiões. Longe de desaparecer num universo cada vez mais laicizado, o religioso, como indagação sobre o sentido último da vida ou como aspiração ao absoluto, tende a permanecer como um substrato insuperável. Como, então, pensar o religioso após a religião? O texto apresenta as diferentes e divergentes posições de Ferry e Gauchet acerca da pertinência do uso de termos clássicos como "sagrado", "divino", "transcendente", dentre outros, para tratar os constituintes dessa religiosidade contemporânea e inquieta, própria de uma época na qual se torna impossível a edificação de um mundo de parte a parte estruturado pela religião e na qual o religioso impregnaria todos os setores da vida pública e privada. Palavras-chave: Religião; Religiosidade; Secularização; Autonomia; Heteronomia. Abstract This paper analyses the questions and problems that was discussed during an important debate between the French philosophers Marcel Gauchet and Luc Ferry, which take place at Paris on January, 1999. The paper discusses the different conceptions of these thinkers about the status of religion and the religious in nowadays. Days that witnesses the individualization of religious belief and the presence of a restless, uncertain and spread religiosity which however, lives side by side with an institutional weakening of the historical religions. Far from disappearing in a more and more laicized world, the religious as an inquiring about searching on ultimate sense for our lives seems to remain as a permanent individual issue. Nevertheless, how is it possible to conceive the religious after the deregulation of historical religions? Classical terms like "sacred", "divine", "transcendent" and "absolute" are sufficient to qualify and analyze the elements of this restless and uncertain religiosity, which seems to be constitutive of societies that do not need religious legitimacy anymore. Keywords: Religion; religious; secularization; autonomy; heteronomy.

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Teachers of foreign languages in French state schools used to enjoy relative autonomy in both their choice of content and teaching practices. The curricula imposed broad guidelines, yet they were not as constraining or rigid as those of other countries, for instance, the National Curriculum system in the United Kingdom. However, since the introduction of the Common European Framework of Reference for Languages and the most recent reforms concerning the baccalauréat, most teachers feel they are losing control. This paper examines the changes in modern language teaching in French high schools and the effects these changes have had on the staff involved.

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Abstract: In recent times, international practice has provided new cases of decolonization, but also of mutually agreed secessions with a previous independence referendum, as well as violent ruptures. Although the unilateral secessions are not well received by the international community, they are not only possible, but they have been favored by the ICJ’s Advisory Opinion on the Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo. This paper analyzes new cases involving the right to self-determination, to later try to identify new holders of the right to self-determination in the light of modern international practice. It focuses on the “wide self-determination” approach, the so-called “modern self-determination”, whose holders are not “peoples under colonial rule, foreign domination and alien subjugation”. Resumo: Nos últimos tempos, a prática internacional forneceu novos casos de descolonização, mas também de secessão mutuamente acordada, com um devido referendo de independência, além de rupturas violentas. Embora as secessões unilaterais não sejam bem recebidas pela comunidade internacional, elas não são apenas possíveis, mas foram favorecidas pela Opinião Consultiva do CIJ sobre a legalidade da declaração de independência realizada pelas Instituições Provisionais de Auto-Governo de Kosovo. Este artigo analisa novos casos envolvendo o direito à autodeterminação, para posteriormente tentar identificar novos detentores do princípio da autodeterminação à luz da prática internacional moderna. Ele se concentra na concepção ampla do princípio, a chamada “autodeterminação moderna”, cujos detentores não são povos sob dominação colonial ou estrangeira.

The paper explores the theme of design and evaluation of paths to adulthood for young people leaving the care and protection system. An innovative and relevant theme for educational research, that brings into play different skills, professionals, services and institutions. Starting from the theoretical and political-strategic framework, the methodological plan of the national experimentation promoted by the Ministry of Labor and Social Policies and carried out in collaboration with the Istituto degli Innocenti is presented, which is expressed in a plurality of and evaluation design levels. The challenge is to make a constructive dialogue between scientific research, policies and professional practice in order to develop and to improve intervention models on decisions evidence-based decisions. Progettazione e valutazione di interventi sperimentali per l’accompagnamento all’autonomia dei care leavers Il contributo affronta il tema della progettazione e valutazione di percorsi di accompagnamento all’autonomia per ragazze e ragazzi che, al compimento della maggiore età, lasciano il sistema di protezione e tutela. Un tema innovativo e rilevante per la ricerca educativa che chiama in gioco diverse competenze, professionalità, servizi e istituzioni. Partendo dal quadro teorico e politico-strategico di riferimento, viene presentato l’impianto metodologico della sperimentazione nazionale promossa dal Ministero del lavoro e delle politiche sociali e realizzata in collaborazione con l’Istituto degli Innocenti, che si declina in una pluralità di livelli progettuali e valutativi. La sfida è quella di far dialogare in modo costruttivo la ricerca scientifica, le politiche e la pratica professionale per sviluppare e migliorare i modelli di intervento sulla base di decisioni fondate su basi di conoscenze valide.

In this article we analyze the transition process to adult life, in particular the achievement of the autonomy of young people who live in a situation of job insecurity, in three different institutional contexts of three European countries: Germany, Italy, Poland. The countries involved in the study represent different welfare regimes in Europe (Esping-Andersen, 1990; 2000): the familistic one of Southern Europe (Italy), the conservative-corporative one (Germany) and the postcommunist hybrid one (Kazepov and Carbone, 2018) of Eastern Europe (Poland). Becoming an adult puts in play, in fact, macro elements, such as cultural and institutional references, meso resources, social and family relationships, and micro, related to the ability to activate personal resources to deal with job and economic uncertainty. In the article, the three levels of analysis are reconstructed and related through a comparative qualitative methodology that connects the macro institutional context to micro-qualitative data to identify social mechanisms. [ABSTRACT FROM AUTHOR]

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This paper will focus on the issue of whether it is plausible to think about a human right to be assisted in dying. The right to be assisted in dying cannot be considered just a right of non-interference. It is better understood as a claim right because it demands assistance and positive actions. I will argue that the principles of individual autonomy and Kant’s notion of dignity taken independently cannot be considered plausible justification for the human right to be assisted in dying. Griffin’s personhood account points out that principles of liberty, minimum provision and autonomy must be taken together to justify human rights. Based on his theory, I will argue that a person with a terminal disease who was aware of her imminent death or who suffered from an intractable, incurable, irreversible disease may waive the right to life and choose death. Therefore, the right to life would not restrict the human right to be assisted in dying and a state that allowed the practice of assisted dying would not be disrespecting the human right to life. This article will defend that the personhood account is able to protect vulnerable people from making decisions under pressure and avoid the slippery slope objection.

This paper focuses on the dynamic relationship between philosophy and literature, using the conceptual frame developed by Richard Rorty. First, I’m interested in revisiting Rorty’s distinction between writers who are preoccupied with self-creation, self-edification, and autonomy, on the one hand, and writers who are dedicated to the problems of common good, public deliberation, and solidarity, on the other hand. Second, I try to draw a map of the contemporary theorizations concerning the possible loci in the philosophy – literature dyad. Third, I tackle the theme of ironism by discussing the philosophical implications of Michel Houellebecq’s last novel, Soumission. In this case, we get a glimpse of the fact that there may be literary works that are both useful for public purposes and still faithful to irony. Moreover, this example shows that the barrier between philosophy and literature is permeable enough to produce fruitful results.

Calling Kant a liberal philosopher requires important qualifications. Much like his theoretical philosophy, his political transcendentalism was and remains a great enterprise of navigating between the extremes of liberalism and conservatism, of balancing the “empirical” and the “pure” in human society, as well as in human mind. Of all the attempts to enlist Kant among the classics of liberalism, John Rawls’ is the most impressive and thorough. However, it is hardly a success. The reason for this lies in a profound difference in their answering the fundamental (and therefore vague) question “What is Man?”. This paper is an attempt to revise the debate about the extent of Rawls’ Kantianism and to compare the meanings of basic concepts of what could be called “pure political anthropology” in Kant and in Rawls.

This paper interweaves a ‘micro’ theme concerning shame and guilt and a ‘macro’ theme concerning self-regulation generally. Neither shame nor guilt is more other-independent than the other. Moreover, because other-dependence in either emotion is not a mark of heteronomy, neither emotion is more characteristic of a well-functioning moral consciousness. Then, relying on phenomena described by ‘extended mind’ theorists, I argue that a common view of self-regulation in children – that it is importantly other-dependent – is also true of adult self-regulation. But that is all the more reason to think that other-dependence and a well-functioning moral consciousness can go together. Moreover, since shame and guilt are one aspect of self-regulation, if other-dependence can be a characteristic generally of our well-functioning self-regulation – the ‘macro’ thesis – this supports the ‘micro’ thesis that other-dependence can characterize the well-functioning of both shame and guilt. The conclusion is that heteronomy lies not in the fact of other-dependence but in the nature of the dependence.

Concepts on autonomy in language learning usually converge to the responsibility over one's own learning. This paper aims to emphasize that learner autonomy is also a matter of getting involved with the social environment in which the learner is inserted in. This conception will be analyzed in the light of Freire's Critical Pedagogy. OTÁVIO, considered a "rebel" by his own teachers, is brought up as a case study to illustrate kinds of transformation, which might happen under the influence of the environment and of the opportunities generated in it.Concepções sobre autonomia do aprendiz geralmente convergem para a responsabilidade sobre seu aprendizado. Este artigo tem por objetivo enfatizar o fato de que autonomia do aprendiz é também uma questão de envolver-se com o ambiente social no qual está inserido. Essa concepção será analisada sob a luz da Pedagogia Crítica de Freire. OTÁVIO, considerado um "rebelde" por seus próprios professores, é trazido à tona como um estudo de caso para ilustrar tipos de transformações que podem acontecer influenciadas pelo meio e pelas oportunidades nele geradas.

Based on the conditions of Kantian Theory of Knowledge, this paper investigates the proper place of freedom, considered from the practical point of view in which maxims try to achieve happiness. In the same way, reason recognize the necessary respect for the moral law. Where must freedom be placed? In the elections in the world of sense or in the submit to that law? Assumption of the second propos- al implies to set up the origin of morality in the reason that recognize itself subordinate to moral legislation and it that way becomes an active role in the establishment of morality.

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Copyright of Journal of Constitutional History / Giornale di Storia Costituzionale is the property of Giornale di Storia Costituzionale (Journal of Constitutional History) 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.)