Constitutional Adjudication and Democracy. Comparative Perspectives: USA, France, Italy

The article sketches out questions that constitutional adjudication represents for democratic theory. After taking into account some of the reasons for the early emergence of judicial review in the United States, it considers different modalities of constitutional control in European countries (notably, France and Italy). Attention is drawn to the different mechanisms of referral, leading, for instance, to the political monopoly in France and to the (quasi) monopoly of the judiciary in Italy. Denying any sovereign power to the organs exercising constitutional control, the article puts forward the thesis that constitutional adjudication guarantees ultimately the control of political super-majorities over legislative majorities.     

Deviant Youth Groups in Italy and France: Prevalence and Characteristics

This paper sets out to compare the existence of Juvenile deviant groups in both France and Italy and their characteristics. The comparison between Italy (N = 5,236) and France (N = 3, 353) is based on the ISRD study of the year 2006 and shows that the term “gang” is commonly used to refer to a group of friends only. The strongest associated variables in both countries to illegal acts are the acceptance of doing illegal things, taking part in delinquent acts, considering the group as a gang as well as spending a lot of time in public places. Delinquent activity of Juvenile delinquent groups varies from one country to another and the French respondents show a greater participation in deviant youth groups than the Italians. Results show some differences in gender participation with a greater involvement of boys, although girls also take part in deviant or delinquent activities, both in Italy and France. At risk behaviour significantly characterises the young participants as well as victimisation. This last point highlights that although deviant or potentially dangerous, these young people are also more vulnerable and in need of protection.     

Elections and the Fear of Crime: the Case of France and Italy

Recent elections in France (2002 and 2007) and Italy (2008) were won on a law and order platform. This article asks why, and compares the strategies used by the new governments to implement their election promises. The goals are the same: to increase security and lower fear of crime levels, but there are noticeable differences in the perception of the underlying causes, such as the role played by illegal immigration. The solutions proposed also vary. France relies on increased police efficiency and more coercive legislation, whereas Italy favours almost exclusively emergency legislation including the deployment of 3500 soldiers. Prevention is not a priority in either country.     

Girl Members of Deviant Youth Groups,Offending Behaviour and Victimisation: Results from the ISRD2 in Italy and Switzerland

Although a lot of research has been conducted on the delinquency of boys who are members of gangs, only a few quantitative studies have analysed the involvement of girl gang members in delinquency and its link with victimisation. In this study, the prevalence rates of girls who are members of gangs in Italy and in Switzerland are shown. We compared the Italian data (N = 5.784) and Swiss data (N = 3.459) from the second wave of the International Self-Reported Delinquency Study (ISRD-2); the population used for this comparison was made up of teenagers from the ages of 13 to 16. Members of deviant youth groups accounted for 5.7% of the Italian sample and 4.7% of the Swiss sample; in both countries, about a third of gang members were girls. In general, girls who are members of gangs commit more delinquent acts than both girls and boys who are not members of gangs. Girl gang members are also more often victimised than girls and boys who are not members of a deviant youth group.     

法、意辩诉交易制度比较研究——兼论美国经验在欧陆的推行与阻碍

近几年来,辩诉交易程序在欧陆出现了"普适化"的趋势。1989年,意大利在《刑事诉讼法典》中引入了意大利式的辩诉交易制度,成为欧洲大陆第一个引入辩诉交易制度的国家。2003年6月,意大利立法者为进一步实现"诉讼经济"的目的再次扩大了辩诉交易程序的适用范围,研究表明,这一修改对于提高诉讼效率卓有成效。2004年3月,以固守自身法律传统著称的法国也设立了"法式辩诉交易制度",即所谓的庭前认罪答辩程序。这意味着辩诉交易制度已经跨越了法系的界限,全面实施于欧洲大陆的各个主要国家。辩诉交易的普适性并不意味着各国的辩诉交易程序整齐划一。事实恰恰相反。意大利和法国在辩诉交易程序的设计上大不相同,也与辩诉交易"来源国"美国差异极大。这充分说明了美国经验在欧陆的推行时面临着诸多阻碍,也产生诸多变异。     

Cocaine profiling for strategic intelligence, a cross-border project between France and Switzerland: part II. Validation of the statistical methodology for the profiling of cocaine

Harmonisation and optimization of analytical and statistical methodologies were carried out between two forensic laboratories (Lausanne, Switzerland and Lyon, France) in order to provide drug intelligence for cross-border cocaine seizures. Part I dealt with the optimization of the analytical method and its robustness. This second part investigates statistical methodologies that will provide reliable comparison of cocaine seizures analysed on two different gas chromatographs interfaced with a flame ionisation detectors (GC-FIDs) in two distinct laboratories. Sixty-six statistical combinations (ten data pre-treatments followed by six different distance measurements and correlation coefficients) were applied. One pre-treatment (N+S: area of each peak is divided by its standard deviation calculated from the whole data set) followed by the Cosine or Pearson correlation coefficients were found to be the best statistical compromise for optimal discrimination of linked and non-linked samples. The centralisation of the analyses in one single laboratory is not a required condition anymore to compare samples seized in different countries. This allows collaboration, but also, jurisdictional control over data.     

Cocaine profiling for strategic intelligence purposes, a cross-border project between France and Switzerland. Part I. Optimisation and harmonisation of the profiling method

Optimisation and harmonisation of analytical and statistical methodology have been carried out between two forensic laboratories (Lausanne, CH and Lyon, F) in order to provide drug intelligence for cross-border cocaine seizures. The aim was to improve the gas chromatographic analysis of cocaine samples for profiling. Some important validation parameters were tested to verify the developed method and demonstrate its profiling capacity: the selectivity of the method with retention time reproducibility, the choice of a derivatisation agent improving the chromatography (MSTFA, BSA, TMSI and BSTFA+TMCS 1%), the cutting agents influence (matrix effect), the influence of the sample storage conditions and the sample quantity to weigh for analyses. Eight main alkaloids, which represent the sample signature, have been selected: ecgonine methyl ester, ecgonine, tropacocaine, benzoylecgonine, norcocaine, cis- and trans-cinnamoylcocaine and 3,4,5-trimethoxycocaine. Their stability in the solvent used (CHCl(3)/pyridine) was demonstrated. In order to reach the final objective, which is the comparison of samples seized and analyzed in two different laboratories, the harmonisation of the profiling method between the two laboratories had to be ensured and is the subject of ongoing research.     

Switzerland: Switzerland ratifies the Hague Trust Convention on 20 December 2006

After running out of time on 19 December to debate the ratificationof the Hague Convention of 1 July 1985 on the Law Applicableto Trusts and on their Recognition (Convention No. 30), theLower House of the Swiss Federal Parliament     

Corruption,Party Leaders,and Candidate Selection: Evidence from Italy

Research indicates that voters are not particularly effective at removing corrupt politicians from office, in part because voters make decisions on the basis of many competing factors. Party leaders are much more single-minded than voters and will choose to deselect implicated legislators if it means maintaining a positive party reputation and improving the odds of winning a legislative majority. We examine renominations to Italy’s legislature in two periods marked by corruption. We compare these renomination patterns with those from the prior legislature, when corruption lacked political salience. Our analysis shows that incumbent renominations are negatively associated with the number of press mentions that link the incumbent to corruption—but only when corruption is salient to the public. Our study highlights the importance of party leaders in forcing malfeasant legislators out of office—and reducing corruption—and redirects attention from voters to political elites as a critical channel in enforcing democratic accountability.     

Tax relief,tax wedge and regional employment: evidence from Italy

In this paper I overview the legislative framework, referred to the Italian policies of tax relief on labour income and Fiscalizzazione, then I investigate the impact of the tax wedge on regional employment in Italy. The results show a negative effect, especially in the northern regions, due to the presence of a developed decentralized bargaining level that may lead to mechanisms of real wage resistance with negative consequences on employment, not only in the short term. The evidence suggests a differentiated effect not only among regions but also among sectors that might suggests to focus these policies on regions and sectors where the effect of the tax wedge on employment is greater, other than to promote the development of a second-level bargaining even in the South that could take into account local labour productivity changes.