Criminal Law beyond the State: The European Model

This article will analyse two models of criminal law beyond the State, which are here termed ‘eunomic’ and ‘dialogic’. It will then focus on one case study, European criminal law, which was inherently ‘dialogic’ until the last decade of the past century but has now quite unique features. In accordance with classic liberal views, criminal law has always been conceptualised as one of the most salient attributes of the sovereign State. The monopoly on the use of violence was to be legitimised by the State's concern for the sphere of autonomy of the individual. It is submitted in this article that it is precisely this condition that is lacking in the current European model, which promotes security‐oriented paradigms of self‐fulfilment and effectiveness. However, criminal law, if properly conceived, could in theory function as a powerful vehicle of integration.     

Italy in international politics: October 1st ‐ december 31st, 1969

The financial crisis has prompted an extensive debate on the lessons to be learned, particularly from a regulatory point of view, and especially in Europe where the crisis could mean a serious setback for financial integration. The Larosière Report has set out guidelines for improving the European regulatory framework and has inspired a proposal for European legislation. Although the Report has been praised for its effort to overhaul European financial regulation, many details are still vague. In particular, there are seven points at the macro-level of prudential supervision on which clearer and tougher solutions are needed. Furthermore, there are two unresolved problems in the proposals for micro-supervision. It is important to take all of these issues into account in the future discussion on European legislation.     

Incumbents' Interests and Gender Quotas

The introduction of mandatory gender quotas in party lists is a reform that many countries have recently adopted or have been considering. The electoral system affects the incumbents' incentives to make such reforms, their details, and their effectiveness. We show that male incumbents can actually expect an increased incumbency advantage when gender quotas are introduced, if they are elected through single‐member district majority rule. On the other hand, no expectation of male advantage can reduce the incumbents' fear of being replaced if they are elected through closed‐list proportional representation. As France has both electoral systems, we validate the above argument using a formal model of constitutional design as well as an empirical analysis of the legislative elections in France, displaying the existence of male bias in the last three elections. We also show that parity may have Assembly composition effects and policy effects that vary with the electoral system.     

Two cases of acute propane/butane poisoning in prison

Hydrocarbon inhalation is seldom chosen as a means to commit suicide. This practice is exclusively a prerogative of the prison population; it is, however, only exceptionally found in this environment. The two cases of lethal inhalation of propane/butane gas observed by us over a very short time occurred in this context. Toxicologic analyses were performed by means of gas chromatography (head space) and revealed a propane/butane mixture in all specimens (heart blood, bile, and urine) except vitreous humor. Although fatal arrhythmia posthydrocarbon gas abuse is well known, the concentrations of the two hydrocarbons were sufficient to induce death by asphyxiation and were distributed (fairly) homogeneously in all biological fluids and organs examined, a parameter permitting one to assume that death occurred within a relatively short period of time. The absence of finding in vitreous humor and the trace amount in urine suggests that both men died very quickly.     

Crimes Against Humanity and the Limits of International Criminal Law

Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications as to which crimes can be justifiably prosecuted and punished by the international community. I contend that the scope of the area of international criminal justice that deals with basic human rights violations should be wider than is currently acknowledged, in that it should include some individual violations of human rights, rather than only violations that have a collective dimension.