Articles scientifiques

Italy’s Gentle Revolution: The New Law on Same-Sex Partnerships


The Digest - National Italian American Bar Association (NIABA) Law Journal

2017, vol. 25, pp.1-31

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Italy; Constitutional Law; Human Rights; LGBT Rights

This Article comments the genesis and the content of the Italian law on civil partnerships between people of the same sex, enacted in May, 2016, and eventually entered into operation, together with a bunch of administrative regulations, in early 2017. As the last country of Western Europe to adopt such a law, the Italian law recognises civil partnerships for same-sex couples but presents several flaws in terms of equality and nondiscrimination based on sexual orientation

James Elliott Construction (C-613/14) : A "New(ish) Approach" to judicial review of standardization


European Law Review

décembre 2017, vol. 42, n°6, pp.882-893

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Construction materials; EU law; Justiciability; Technical standards

This article analyses the decision of the Court of Justice of the European Union in the James Elliot Construction case delivered on 27 October 2016. In its decision, the Court has for the first time affirmed its jurisdiction to interpret harmonised technical standards on a preliminary reference. In this contribution, we argue that the decision marks an important breakthrough in the evolution of EU law by recognising harmonised technical standards as part of Union law. This opening offers new possibilities for litigating technical standards and assuring the centrality of the rule of law in the achievement of the internal market. The article concludes by analysing the implications of the decision in relation to the Meroni doctrine, the potential conflicts between the principle of free access to the acts of the Union and the protection of intellectual property, and the impact that greater litigation over harmonised technical standards may have on the caseload of the Court

Le nouveau droit international privé italien des partenariats enregistrés


Revue critique de droit international privé

2017, vol. 3, n°Doctrine & Chroniques, pp.319-335

Départements : Droit et fiscalité, GREGHEC (CNRS)

Une analyse du droit international privé italien en matière de partenariats enregistrés après la loi no. 76 du 2016 et les décrets d'implémentation du janvier 2017

Questionable Transactions, Unquestionable Rules: The Odebrecht/Braskem Case and the Foreign Corrupt Practices Act


Diritto del Commercio Internazionale

2017, vol. XXXI, n°3, pp.521-542

Départements : Droit et fiscalité, GREGHEC (CNRS)

This article offers a critical analysis of the Odebrecht/Braskem case under theForeign Corrupt Practices Act (FCPA ). Two Brazilian companies, Odebrecht S.A.and its subsidiary Braskem S.A., have been caught in a massive bribery machinethat concerned Brazil as well as many other countries, including Switzerland andthe United States. Not only did these companies create a true consortium throughwhich they controlled Brazil’s public procurement system in a way to adjudicateand make profit out of multibillion projects in South America and abroad, but theyalso exploited the U.S. financial market to transfer money to corrupt public officers.The two companies cut a deal with the U.S. prosecutors under the FCPA, which thearticle comments in two parts. First, it recounts the case’s factual background,casting a light on the companies’ business models and corrupt conduct. The secondpart delineates the legal arsenal underlying the deal signed with the U.S. prosecu-tors, which reflects a consolidated practice of the U.S. government to prosecutenon-American multinational enterprises pursuant to the FCPA. Such practice isbased on the broad discretion enjoyed by U.S. federal prosecutors in exercising their prosecutorial power, which includes the possibility to halt or defer theprosecution upon the condition that the defendant pays a penalty and submits to certain compliance and self-reporting obligations. Through the FCPA, they cantarget foreign corporations whose bribery scheme involved, even indirectly, theU.S. financial market. Finally, the Odebrecht/Braskem case represents the firstexample of a deal that was indirectly participated by foreign governments, whosesanctions were considered part of the deal itself

Supping with the Devil? Indicators and the rise of managerial rationality in law


International Journal of Law in Context

décembre 2017, vol. 13, n°4, pp.465-484

Départements : Droit et fiscalité

Managerial devices are rapidly developing as a means for driving the legal performance of organisations, including those of states and corporations. This paper explores the managerial rationality underpinning global legal indicators, and the constraints they convey on institutional behaviour. In particular, it argues that indicators are better understood as part of a system of management control and distributed governance, which is steadily eroding state-centred forms of authority, including state law. In this context, legitimacy and reactivity are contingent to their cycle of production and implementation, which is fourfold: data-collecting, benchmarking, auditing and allocating incentives. Each process is meant to generate respectively subjectification, self-knowledge by comparison, accountability and stimulus for action. Indicators with higher degrees of legitimacy become entrenched in institutional practices and legal decision-making processes. The paper concludes that regulatory spaces where indicators unfold need critical and political scrutiny to expose their pernicious effects, undesirable uses and inevitable misuses


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