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International Law and Italian Legal System

更新时间: 2015/04/30 来源: 点击数: 1162


主讲人:Giuseppe Cataldi (意大利那不勒斯东方大学教授,University of Naples “L’Orientale”

报告题目:International Law and Italian Legal System (国际法与意大利法律体系)

时间:2012413日(周五)上午10:00-11:30

地点:北大法学院凯原楼303-304会议室

附件下载:

文字版 中文.doc

文字版 英文.doc

 

 

Supplement materials:

Selected articles of Italian Constitution

Article 7 [Relation between State and Church]

(1)State and Catholic Church are, each within their own reign, independent and sovereign.

(2)Their relationship is regulated by the Lateran Pact.

Amendments to these Pact which are accepted by both parties do not require the procedure of constitutional amendments.

 

Article 10 [International Law]

(1) The legal system of Italy conforms to the generally recognized principles of international law.

(2) Legal regulation of the status of foreigners conforms to international rules and treaties.

(3) Foreigners who are, in their own country, denied the actual exercise of those democratic freedoms guaranteed by the Italian constitution, are entitled to the right to asylum under those conditions provided by law.

(4) Foreigners may not be extradited for political offences.

 

Article 11 [Repudiation of War]

Italy repudiates war as an instrument offending the liberty of the peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends.

 

Article 24 [Right to be Heard in Court]
(1) Everyone may bring cases before a court of law in order to protect their rights under civil and administrative law.

(2) Defense is an inviolable right at every stage and instance of legal proceedings.

(3) The poor are entitled by law to proper means for action or defense in all courts.

(4) The law defines the conditions and forms for reparation in the case of judicial errors.

 

Article 80 [Ratification of Treaties]

Chambers ratify by law international treaties which are of political nature, provide for arbitration or judicial regulation, imply modifications of the territory, impose financial burdens, or result in modifications of the laws.

 

Article 87 [Presidential Duties]
(1) The president is head of state and represents the unity of the nation.
(2) The president may send messages to Parliament.
(3) He calls Parliamentary elections and sets the date of their first meeting.
(4) He authorizes the government's legislative initiatives.
(5) He promulgates laws and issues decrees with the force of law as well as government regulations.
(6) He calls a referendum when provided for by the constitution.
(7) He appoints state officials as provided by the laws.
(8) He accredits and receives diplomatic representatives, ratifies international treaties once they are authorized by Parliament, provided Parliamentary approval is necessary.
(9) He is the commander of the armed forces and chairman of the supreme defense council constituted by law; he declares war according to the decision of the Parliament.
(10) He chairs the superior council of the judiciary.
(11) He has the power to grant pardons and commute punishments.
(12) He confers the honors of the republic.

 

Article 117 [State and Regional Legislative Power]

(1)Legislative power belongs to the state and the regions in accordance with the constitution and within the limits set by European union law and international obligations.