2023, Monografia o trattato scientifico, ENG
Cippitani, Roberto
Traditional private law regulated by National civil codes is based on a patrimonial and individualistic vision of juridical relationships. In the second half of the 20th century, codifi cation as a way to regulate private law was subject to several critical phenomena, such as the 'constitutionalisation' and internationalisation of individual rights. Moreover, another event has changed the destiny of the European continent and, in particular, the vision of law: the building of the European Union legal system. Such political and legal processes have been changing the traditional notions concerning private law, building a transnational legal system based on EU principles and values (e.g. the freedom of movement and solidarity), in which individual rights and statuses, family law, contracts, obligations and other private law relations are instrumental for the supranational objectives. The changes in the private law paradigms arise from the European Union's normative actions but also are put in place by the new role of the judges, scholars and other legal interpreters.
2019, Articolo in rivista, ENG
Cippitani, Roberto
The paper relates to the actual extent of the "margin of appreciation" of national law-making power in Europe when it takes ethical issues into consideration. This occurs when the use of technoscience may affect fundamental interests. The discretion of the legislature is limited, particularly by the transnational system arising from the European legal integration within both the European Union and the Council of Europe. The two schemes of integration, although there are differences between them, converge to put national legislation under pressure, particularly when it considers ethical matters. As a matter of fact, ethical issues cannot be approached at the national level alone but must be addressed at least at the continental level. An important role in the work of shaping the ethical rules from a continental perspective is played not by the national legislatures, but by the dialogue between the different levels of the judiciary. This role is inescapable and cannot be replaced by legislation, even if it is approved in a transnational plan. The function of the case law in regulating phenomena with ethical implications is studied, taking into consideration the case of Italian Law no. 40 of 2004 concerning medically assisted reproduction. Over the last 15 years, this law, which is inconsistent with many fundamental ethical principles, but has not been amended by the legislature, has been in the process of being corrected by the dialogue between European and national case law.
2018, Contributo in volume, ENG
Pavone I.R.
The Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice