Jus: journal, articles, subscription

JUS

Journal of Legal Sciences

Edited by the Faculty of Law of ‘Università Cattolica del Sacro Cuore di Milano’

The Faculty of Law of Università Cattolica del Sacro Cuore di Milano publishes a law review called "Jus – Rivista di Scienze Giuridiche"(Jus – Journal of Legal Sciences). In particular this review is focused on the analysis of the general issues of law which are examined considering principles and never-ending values of reason and justice. The latter must be affirmed and maintained for ever beyond historical changes.
The review contains a series of essays and papers. The aim of all these works is to actively contribute to promote and to defend human and fundamental rights, as well as to pursue the development of civil solidarity. All these perspectives of scientific research involve internal, international and UE legal systems.
Last, but not least, the review publishes focused and specific essays concerning legal problems and topics which every day challenge jurists operating in various legal fields.

The manuscripts sent by authors are submitted to a double-blind peer review before being accepted for publication.
See the Ethical statement

A An­vur Ca­te­go­ry for:
12th Area 
Scienze giuridiche

In­de­xed in:
Scopus
(accepted in 2022-12-19) - ESSPER Index to Legal foreign periodicals - ArticleFirst Dietrich’s Index Philosophicus - IBZ DoGI IBR - EIO - PAO - ForoPlus - Google Scholar

Avai­la­ble on:
Tor­ros­sa

ISSN carta: 0022-6955

In this issue

SOMMARIO

Quale diritto penale dell’IA? Alcune riflessioni a partire dalla proposta di regolamento dell’Unione Europea
by Marco Colacurci pages: 26 € 6.00
Abstract
The paper investigates the possible shape of the criminal law of Artificial Intelligence. By relying on an approach which does not recognize a direct form of criminal responsibility of the AI systems, the work examines the proposed  Artificial Intelligence Act by the European Union – which, to date, has not been finally approved yet – and the risk-based approach adopted. Firstly, the prohibited AI practices are examined, with particular attention to the ‘real-time’  remote identification systems, whose discipline has been changed during the legislative process. Then, the paper focuses on high-risk AI practices, which require different risk management obligations on those who use them,  depending on their role. Based on such an analysis, the work stresses that a risk-based approach, which relies on different rules to reduce the risks associated with AI systems, can serve as a starting point to acknowledge the criminal liability of individuals and corporations.
Povertà lavorativa: l’approccio del decent work nel diritto euro-unitario
by Tiziana Vettor pages: 15 € 6.00
Abstract
After having framed the phenomenon of in-work poverty, the essay analyzes decent work in the European legislation along three main directions, such as legal bases, defining elements and potential. In line with the predefined  framework, the decent work is a concept that does not establish thresholds or ceilings for its contents, but guarantees minimum rights. It is a moving goal and an objective, whose universal foundation is to be found in the value of  human dignity and work, which evolves over time and space together with social and economic transformation. Furthermore, this concept indicates an object and a scope of intervention which is broader than the employment relationship, which reflects better than traditional categories the ways in which work and business stand in the global economy and it is useful for suggesting the type of new regulation necessary for those involved in “informal” work  or, according to the EU terminology, “undeclared”. The reference is, for example, to the digital forms of work, in which the risk of an incomplete or impaired recognition of the rights to decent work is among the highest.
L’‘incoerenza’ dell’amministrazione nel corso del procedimento: comportamento mero o cattiva modalità di esercizio del potere?
by Vanna Mirra pages: 25 € 6.00
Abstract
The Author, following the mention of good faith in the general law on administrative procedure, points out that this principle seems to pertain to the exercise of the administrative function. This conclusion is the premise for  reconsidering the subjective legal position held by the citizen in the face of improper conduct by the administration in the exercise of power.
La adozione mite en el derecho italiano y la adopcíon abierta en el derecho español: respuestas distintas ante escenarios similares
by Pilar Quiñoa pages: 31 € 6.00
Abstract
There are certain exceptional cases in which, although adoption is found to be in the best interests of the child, the minor has emotional ties with certain members of his or her family of origin that would be inappropriate to sever.  Various legal systems provide for different solutions to deal with such delicate scenarios. This paper examines the solutions currently contemplated by Italian and Spanish law, analysing the regulation, application, effects and  suitability of each of the institutes. The study concludes that full open adoption, expressly regulated in Spanish law and of possible application in Italian law, is a more adequate solution to guarantee the child’s right to identity and  the right to live in a family than the jurisprudentially created figure of adozione mite.
Considerazioni sul rapporto fra le azioni collettive del codice di rito e quelle del codice del consumo dopo il d.lgs. n. 28 del 2023
by Andrea Giussani pages: 17 € 6.00
Abstract
EU law requires Member States to allow representative actions as an additional means for the protection of consumers’ collective interests by their associations, providing that it should not foster entrepreneurial litigation. Italian law,  however, already granted to consumers’ associations entrepreneurial class actions, albeit in a form less effective than the American one, and Italian implementation of EU law does not prevent the entrepreneurial use of representative actions.
Recensioni
pages: 19 € 6.00

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