The fourth problem of 2024 of the Rivista di diritto internazionale privato e processuale (RDIPP, printed by CEDAM) was simply launched. It options:
Francesca C. Villata, Professor on the College of Milan, On the Monitor of the Regulation Relevant to Preliminary Questions in EU Personal Worldwide Regulation [in English]
Silenced, if not uncared for, in (most) laws and follow, the problem of figuring out the legislation relevant to preliminary questions is a continuing function within the systematics of personal worldwide legislation (“p.i.l.”). In authorized doctrine, in a nutshell, the dialogue develops alongside the standard various strategies of (i) the impartial connection (or disjunctive answer, primarily based on recourse to the battle guidelines of the discussion board even for preliminary questions), (ii) the dependent connection (to which each the so-called “joint” answer and the “absorption” answer are attributable, for which, respectively, the battle guidelines of the lex causae or, straight, the substantive legislation of the latter are related), or, lastly, (iii) the strategy which emphasises the procedural dimension of preliminary questions and leads them again to the substantive legislation of the discussion board. In these pages, an try is made to establish whether or not, within the absence of EU guidelines explicitly supposed to find out the legislation relevant to preliminary questions, there are nonetheless indications throughout the EU Rules containing uniform battle guidelines that make it potential to reconstruct, no less than in chosen instances, an inclination, if not adherence, of the European legislature to a selected method for resolving preliminary questions. To this finish, explicit consideration will probably be paid to the principles defining the fabric scope of utility of the varied EU p.il. Rules in power and within the making, to these establishing the “scope” of the relevant legislation recognized by these Rules, and to these regarding the circulation (of factors) of selections on preliminary questions. This strategy will concern each the preliminary questions the subject-matter of which falls ratione materiae throughout the scope of these Rules and people that don’t. On the belief that no less than in some areas, if not in all, the EU legislator doesn’t take a place on the legislation relevant to preliminary questions, leaving this activity to the legislation of the Member States, the compatibility of the standard various strategies used within the legislation of the Member States (or in follow) with the overall and sec-toral targets of EU p.i.l. and with the duty to safeguard its effectiveness will probably be assessed. Lastly, some concerns will probably be made as to the appropriateness, relevance and extent of an initiative of the EU legislator on this subject, in addition to the coordinates to be thought of in such an train.
Sara Tonolo, Professor on the College of Padova, Luci e ombre: il diritto internazionale privato è strumento di contrasto allo sfruttamento della povertà o di legittimazione dell’ingiustizia? [Lights and Shadows: Is Private International Law a Tool for Combating the Exploitation of Poverty or Legitimising Injustice?; in Italian]
The connection between personal worldwide legislation and poverty is complicated and always evolving. It’s a multifaceted problem by which personal worldwide legislation performs an ambivalent position: on the one hand, as a software to fight the exploitation of poverty, and on the opposite, as a way of legitimizing injustice. The evaluation of the position of personal worldwide legislation in countering the exploitation of poverty usually intersects with different fields, corresponding to immigration legislation, as a result of relevance that non-public legislation establishments have on people’ standing and their worldwide mobility, which is considerably affected within the case of individuals in conditions of poverty.
Lidia Sandrini, Professor on the College of Milan, La legge applicabile al lavoro mediante piattaforma digitale, tra armonizzazione materiale e norme di conflitto [The Law Applicable to Labour through a Digital Platform, between Material Harmonisation and Conflict of Law Rules; in Italian]
This text explores the phenomenon of platform work within the authorized framework of the European Union from the methodological perspective of the connection between substantive legislation and conflict-of-law guidelines. After a quick examination of the textual content of the Directive (EU) No. 2024/2831 “on enhancing working situations in platform work”, geared toward figuring out its general rationale and the elements that the majority straight reverberate results on the EU conflict-of-law guidelines, the article investigates its interference with Regulation (EC) No. 593/2008 (Rome I), proposing an evaluation of the options accepted from the perspective of the coherence between the 2 acts and their adequacy to their respective functions.
This problem additionally includes the next feedback:
Stefano Dominelli, Affiliate Professor on the College of Genoa, A New Authorized Standing for the Atmosphere and Animals, and Personal Worldwide Regulation: Tertium Genus Non Datur? Some Ideas on (the Want for) Eco-Centric Approaches in Battle of Legal guidelines [in English]
Conventional continental approaches postulate a elementary contraposition between (pure and authorized) ‘individuals’ – entitled to a various vary of rights – and ‘issues’. Battle of legal guidelines is methodologically coherent with an anthropocentric understanding of the legislation. But, in some – restricted – instances, elements of the setting are granted a authorized character and a few rights. Narratives for animals’ rights are rising as effectively. This work needs to contribute to present debates transposing within the subject of battle of legal guidelines reflections surrounding non-human authorized capability by addressing authorized issues a nationwide (Italian) court docket would possibly face ought to a non-human-based entity begin proceedings in Italy. The primary points explored are these associated to the potential of mentioned entity to exist as an autonomous rights-holder and thus to start out authorized proceedings; to the seek for the right conflict-of-laws provisions in addition to to the conceptual limits surrounding connecting elements developed for ‘people’. Moreover, public coverage limits within the recognition of non-human-derived autonomous rights-holders will probably be explored. The investigation will conclude by highlighting the potential position of personal worldwide legislation in selling societal and authorized modifications if overseas authorized character to the setting is recognised within the discussion board.
Sara Bernasconi, Researcher on the College of Milan, Il ruolo del diritto internazionale privato e processuale nell’attuazione del «pacchetto sui mercati e servizi digitali» (DMA&DSA) [The Role of Private International and Procedural Law in the Implementation of the ‘Digital Markets and Services Package’ (DMA&DSA); in Italian]
In keeping with the objective to attain a good and aggressive economic system, Regulation (EU) 2022/1925 of 14 September 2022 on contestable and honest markets within the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) and Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Companies and amending Directive 2000/31/EC (Digital Companies Act) – composing the so known as Digital Companies Act Bundle – purpose at introducing a uniform authorized framework for digital providers offered within the Union, primarily defending EU-based recipients, firms and the entire society from new dangers and challenges stemming from new and modern enterprise fashions and providers, corresponding to on-line social networks and on-line platforms. Particularly, the ambition of the abovementioned laws is, on the one hand, to manage, with an ex ante strategy, platform actions so to cut back side-effects of the platform economic system and subsequently guarantee contestable and honest markets within the digital sector and, then again, to introduce EU uniform to grant a protected, predictable and reliable on-line setting for recipients (e.g. legal responsibility of suppliers of middleman providers for unlawful contents and on obligations on transparency, on-line interface design and group, internet advertising). Regardless of expressly recognising the inherently cross-border nature of the Web, which is usually used to supply digital providers, DMA and DSA don’t include any personal worldwide legislation rule or present for any provision on the connection between the 2 sectors, however solely state that their guidelines don’t prejudice EU guidelines on judicial cooperation in civil and business issues. Due to this fact, the current article will talk about the position of personal worldwide legislation guidelines within the every day utility of DMA and DSA to cross-border conditions. Accordingly, after having ascertained the so known as extraterritorial results of the brand new rule on digital markets and digital providers and assessed their overriding obligatory nature, the writer first investigates the position that conflict-of-laws provisions may presumably play within the utility of DMA and DSA, by integrating such regimes, after which suggests a potential position additionally for guidelines on jurisdiction in a personal enforcement perspective, highlighting potential eventualities and potential difficulties arising from the necessity to coordinate two completely different algorithm (i.e. substantive provisions on digital markets and digital providers, on the one hand, and personal worldwide guidelines, then again).
Lastly, the problem options the next e book overview by Gabriella Venturini, former Professor on the College of Milan: INSTITUT DE DROIT INTERNATIONAL, 150 ans de contributions au développement du droit worldwide: Livre du sesquicentenaire de l’Institut de Droit worldwide (1873-2023)/150 Years of Contributing to the Improvement of Worldwide Regulation: Sesquicentenary E book of the Institute of Worldwide Regulation (1873-2023), Justitia et Tempo, edited by Kohen, van der Heijden, Paris, Editions A. Pedone, 2023, p. 1053.
