Diritti soggettivi e interessi rilevanti nel sistema interno ed europeo, 2011
L’autore realizza una riflessione sulle situazioni giuridiche soggettive tenendo in considerazion... more L’autore realizza una riflessione sulle situazioni giuridiche soggettive tenendo in considerazione la giurisprudenza della Corte di Giustizia dell’Unione europea e quello della Corte europea dei diritti dell’uomo. Se è infatti diretta espressione del potere degli ordinamenti giuridici quella di attribuire rilevanza agli interessi dei singoli e di salvaguardarli elaborando molteplici modelli di protezione, questa evidenza trova oggi la necessità di confrontarsi quotidianamente con una sovranità statale costantemente erosa dall’adesione degli Stati a realtà sovranazionali complesse chiamate a realizzare processi di profonda integrazione regionale per mission, come l’Unione Europea, ovvero attraverso un crescente effetto spill-over come nel caso della Convenzione Europea dei Diritti dell’Uomo e delle Libertà Fondamentali. La giurisprudenza delle due Corti richiamate ha spostato, e continua a muovere, il punto di equilibrio tra le posizioni giuridiche soggettive riconosciute agli individui, sussumendole attraverso la garanzia delle medesime tutele.
Introduction
This Dictionary analyses the ways in which the statuses of European citizens are pr... more Introduction
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses. The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
The research activities will deal with the ethical and legal issues concerning the collection, th... more The research activities will deal with the ethical and legal issues concerning the collection, the processing, the storage of the genetic and other kinds of data arising from the experimental activities, under the European Union (with reference with the European Charter of the European Union and the EU legislation and praxis), Members States and International perspective (especially taking into account the sources of the European Council, like as the Convention on Human Rights and Biomedicine and its Additional Protocols like as that one concerning Biomedical Research, and the Protocol Genetic Testing for Health Purposes). Indeed, the research in the genetic fields faces with ethical and legal problems, which have to be regulated under multilevel legal sources, praxis and interpretations. Generally speaking, the bioethics is a matter characterised by an ideological/political normative complexity and by the different aims. Furthermore, the ethical problems concerning the genetic research are very specific, due to the particular features by genetic information and the links and correlations with other kinds of personal data which are able to treat the privacy and other fundamental rights. This book is related to this phenomenon, also thanking into consideration information for genetic resources for research purposes, not only human data. In this sense, the contributions presented in this volume address some of the main problems and challenges faced by the specific legal and ethical problems of the genomic research, which are not easy to be solved under the principles and rules established at the different levels.
The aim of this paper is to address the legal approach of the informed consent and the donation o... more The aim of this paper is to address the legal approach of the informed consent and the donation of biological samples to a biobank for biomedical research under the Spanish regulation. It is argued that it is not possible to hide in consents full of lawless and indeterminate terms for elaborating a kind of blank cheque in order to carry out any research based on biological samples. This consent model would disobey the ethical and legal provisions ruling this sector, the right of all humans to decide on their own body integrity and on the destination of their biological samples.
Abstract. This paper addresses the problem of multi-sensor detection and high resolution signal p... more Abstract. This paper addresses the problem of multi-sensor detection and high resolution signal parameter es-timation using joint maximum a posteriori detection and high order nonlinear filtering techniques. The model; based fusion approach offers the potential for increased target ...
La presente intervencion querria indagar como en el ordenamiento juridico de la Union Europea se ... more La presente intervencion querria indagar como en el ordenamiento juridico de la Union Europea se este delineando (o de cualquier manera se haya ya elaborado) un concepto de status personal con caracteristicas autonomas o de cualquier modo ulteriores respecto a los diferentes ordenamientos internos de los Estados miembros(1). El legislador de la Union Europea promulga actos legislativos ordenandolos segun el tipo de sujetos destinatarios, individuando conjuntos de acontecimientos economicos en los que se pueda agrupar la disciplina de cada actividad(2). Por lo tanto, se analizara porque en el ordenamiento juridico de la Union Europea se puede afirmar que con el derecho de circular libremente al interior de la Union circula tambien el estatus de la persona. O sea circulan todas las precondiciones que son supuestas por la normativa UE por su misma operatividad y por la realizacion de los fines del sistema(3).
NAVIGATOR is an Italian regional project boosting precision medicine in oncology with the aim of ... more NAVIGATOR is an Italian regional project boosting precision medicine in oncology with the aim of making it more predictive, preventive, and personalised by advancing translational research based on quantitative imaging and integrative omics analyses. The project’s goal is to develop an open imaging biobank for the collection and preservation of a large amount of standardised imaging multimodal datasets, including computed tomography, magnetic resonance imaging, and positron emission tomography data, together with the corresponding patient-related and omics-related relevant information extracted from regional healthcare services using an adapted privacy-preserving model. The project is based on an open-source imaging biobank and an open-science oriented virtual research environment (VRE). Available integrative omics and multi-imaging data of three use cases (prostate cancer, rectal cancer, and gastric cancer) will be collected. All data confined in NAVIGATOR (i.e., standard and novel...
<em>The </em><em>paper aims to demonstrate the existence in Europe area, the re... more <em>The </em><em>paper aims to demonstrate the existence in Europe area, the reciprocal influence among legal systems through cooperation among the national and supranational Courts. For the purpose of this paper, having access to remedies provided by European Court of Human rights (ECtHR), which covers the circulation of juridical models among the legal systems of States, it is central. The national Courts are influenced by the European Court of Human rights (ECtHR), which obliges Member States to guarantee the protection of individuals' fundamental rights. The application of the Nagoya protocol in the European Union it's one of the examples of reciprocal influence above mentioned. It is somewhere able to reverse the traditional Civil law "ubi jus ibi remedium" and creating a Continental version of "ubi remedium ibi jus". </em>
The research activities will deal with the ethical and legal issues concerning the collection, th... more The research activities will deal with the ethical and legal issues concerning the collection, the processing, the storage of the genetic and other kinds of data arising from the experimental activities, under the European Union (with reference with the European Charter of the European Union and the EU legislation and praxis), Members States and International perspective (especially taking into account the sources of the European Council, like as the Convention on Human Rights and Biomedicine and its Additional Protocols like as that one concerning Biomedical Research, and the Protocol Genetic Testing for Health Purposes). Indeed, the research in the genetic fields faces with ethical and legal problems, which have to be regulated under multilevel legal sources, praxis and interpretations. Generally speaking, the bioethics is a matter characterised by an ideological/political normative complexity and by the different aims. Furthermore, the ethical problems concerning the genetic research are very specific, due to the particular features by genetic information and the links and correlations with other kinds of personal data which are able to treat the privacy and other fundamental rights. This book is related to this phenomenon, also thanking into consideration information for genetic resources for research purposes, not only human data. In this sense, the contributions presented in this volume address some of the main problems and challenges faced by the specific legal and ethical problems of the genomic research, which are not easy to be solved under the principles and rules established at the different levels.
The paper aims to analyse the compatibility between the right of free circulation of goods and Bi... more The paper aims to analyse the compatibility between the right of free circulation of goods and Biomass circulation crossing the Internal market and the EU Member States legal systems. Biomass plants need to comply with the policies and rules of the Local Authorities regarding renewable energy, its transport, and to any policy adopted for that particular location which differs in each Member State and at the regional arrangement. As the Biomass as waste shall cease to be waste within the meaning of point (1) of Article 3 of Directive of Waste, when it has undergone a recovery or any operation in which the principal result is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to achieve that role, in the plant or the wider economy. Therefore, the scope of the term `waste' turns on the meaning of the phrase `discard'. The directive does not provide any decisive criteria for determining the intention of the holder to discard a given substance. The Court of Justice has been asked on some occasions for preliminary rulings on whether various materials are to be regarded as waste. Nevertheless, it has provided some indicators from which it may be possible to infer the holder's intent. Thus, according to EU legal framework and leading case of Court of Justice concept of waste cannot be interpreted restrictively. The question whether or not a given substance is waste must be determined in the light of all the circumstances, and regard being had to the aim of Directive and the need to ensure that its effectiveness is not undermined.
European Union seems to have a two-faced approach to the Biodiversity. One of this is a support t... more European Union seems to have a two-faced approach to the Biodiversity. One of this is a support to the biodiversity defence by EU political position and now through EU law with direct effect, the Reg. n. 511/2014. On the other side, a limitation of certification and marketing of vegetable seeds as by European Court of Justice affirmed in the case C-59/11. The article aims to lay down an analysis for developing a juridical framework able to defend biodiversity, its guarantee, local and native population's benefit and jurisdictional prevalence of patents. This meanwhile expects that the EU institutions must "align" their two-faced approach to the Biodiversity in their legal system. To achieve these goals the paper analyses the nature of invalidity by contracts and mutually agreed terms if missing specific provisions for the fair and equitable sharing of the benefits arising from the utilisation of genetic resources or of the traditional knowledge associated with genetic ...
Diritti soggettivi e interessi rilevanti nel sistema interno ed europeo, 2011
L’autore realizza una riflessione sulle situazioni giuridiche soggettive tenendo in considerazion... more L’autore realizza una riflessione sulle situazioni giuridiche soggettive tenendo in considerazione la giurisprudenza della Corte di Giustizia dell’Unione europea e quello della Corte europea dei diritti dell’uomo. Se è infatti diretta espressione del potere degli ordinamenti giuridici quella di attribuire rilevanza agli interessi dei singoli e di salvaguardarli elaborando molteplici modelli di protezione, questa evidenza trova oggi la necessità di confrontarsi quotidianamente con una sovranità statale costantemente erosa dall’adesione degli Stati a realtà sovranazionali complesse chiamate a realizzare processi di profonda integrazione regionale per mission, come l’Unione Europea, ovvero attraverso un crescente effetto spill-over come nel caso della Convenzione Europea dei Diritti dell’Uomo e delle Libertà Fondamentali. La giurisprudenza delle due Corti richiamate ha spostato, e continua a muovere, il punto di equilibrio tra le posizioni giuridiche soggettive riconosciute agli individui, sussumendole attraverso la garanzia delle medesime tutele.
Introduction
This Dictionary analyses the ways in which the statuses of European citizens are pr... more Introduction
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses. The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
The research activities will deal with the ethical and legal issues concerning the collection, th... more The research activities will deal with the ethical and legal issues concerning the collection, the processing, the storage of the genetic and other kinds of data arising from the experimental activities, under the European Union (with reference with the European Charter of the European Union and the EU legislation and praxis), Members States and International perspective (especially taking into account the sources of the European Council, like as the Convention on Human Rights and Biomedicine and its Additional Protocols like as that one concerning Biomedical Research, and the Protocol Genetic Testing for Health Purposes). Indeed, the research in the genetic fields faces with ethical and legal problems, which have to be regulated under multilevel legal sources, praxis and interpretations. Generally speaking, the bioethics is a matter characterised by an ideological/political normative complexity and by the different aims. Furthermore, the ethical problems concerning the genetic research are very specific, due to the particular features by genetic information and the links and correlations with other kinds of personal data which are able to treat the privacy and other fundamental rights. This book is related to this phenomenon, also thanking into consideration information for genetic resources for research purposes, not only human data. In this sense, the contributions presented in this volume address some of the main problems and challenges faced by the specific legal and ethical problems of the genomic research, which are not easy to be solved under the principles and rules established at the different levels.
The aim of this paper is to address the legal approach of the informed consent and the donation o... more The aim of this paper is to address the legal approach of the informed consent and the donation of biological samples to a biobank for biomedical research under the Spanish regulation. It is argued that it is not possible to hide in consents full of lawless and indeterminate terms for elaborating a kind of blank cheque in order to carry out any research based on biological samples. This consent model would disobey the ethical and legal provisions ruling this sector, the right of all humans to decide on their own body integrity and on the destination of their biological samples.
Abstract. This paper addresses the problem of multi-sensor detection and high resolution signal p... more Abstract. This paper addresses the problem of multi-sensor detection and high resolution signal parameter es-timation using joint maximum a posteriori detection and high order nonlinear filtering techniques. The model; based fusion approach offers the potential for increased target ...
La presente intervencion querria indagar como en el ordenamiento juridico de la Union Europea se ... more La presente intervencion querria indagar como en el ordenamiento juridico de la Union Europea se este delineando (o de cualquier manera se haya ya elaborado) un concepto de status personal con caracteristicas autonomas o de cualquier modo ulteriores respecto a los diferentes ordenamientos internos de los Estados miembros(1). El legislador de la Union Europea promulga actos legislativos ordenandolos segun el tipo de sujetos destinatarios, individuando conjuntos de acontecimientos economicos en los que se pueda agrupar la disciplina de cada actividad(2). Por lo tanto, se analizara porque en el ordenamiento juridico de la Union Europea se puede afirmar que con el derecho de circular libremente al interior de la Union circula tambien el estatus de la persona. O sea circulan todas las precondiciones que son supuestas por la normativa UE por su misma operatividad y por la realizacion de los fines del sistema(3).
NAVIGATOR is an Italian regional project boosting precision medicine in oncology with the aim of ... more NAVIGATOR is an Italian regional project boosting precision medicine in oncology with the aim of making it more predictive, preventive, and personalised by advancing translational research based on quantitative imaging and integrative omics analyses. The project’s goal is to develop an open imaging biobank for the collection and preservation of a large amount of standardised imaging multimodal datasets, including computed tomography, magnetic resonance imaging, and positron emission tomography data, together with the corresponding patient-related and omics-related relevant information extracted from regional healthcare services using an adapted privacy-preserving model. The project is based on an open-source imaging biobank and an open-science oriented virtual research environment (VRE). Available integrative omics and multi-imaging data of three use cases (prostate cancer, rectal cancer, and gastric cancer) will be collected. All data confined in NAVIGATOR (i.e., standard and novel...
<em>The </em><em>paper aims to demonstrate the existence in Europe area, the re... more <em>The </em><em>paper aims to demonstrate the existence in Europe area, the reciprocal influence among legal systems through cooperation among the national and supranational Courts. For the purpose of this paper, having access to remedies provided by European Court of Human rights (ECtHR), which covers the circulation of juridical models among the legal systems of States, it is central. The national Courts are influenced by the European Court of Human rights (ECtHR), which obliges Member States to guarantee the protection of individuals' fundamental rights. The application of the Nagoya protocol in the European Union it's one of the examples of reciprocal influence above mentioned. It is somewhere able to reverse the traditional Civil law "ubi jus ibi remedium" and creating a Continental version of "ubi remedium ibi jus". </em>
The research activities will deal with the ethical and legal issues concerning the collection, th... more The research activities will deal with the ethical and legal issues concerning the collection, the processing, the storage of the genetic and other kinds of data arising from the experimental activities, under the European Union (with reference with the European Charter of the European Union and the EU legislation and praxis), Members States and International perspective (especially taking into account the sources of the European Council, like as the Convention on Human Rights and Biomedicine and its Additional Protocols like as that one concerning Biomedical Research, and the Protocol Genetic Testing for Health Purposes). Indeed, the research in the genetic fields faces with ethical and legal problems, which have to be regulated under multilevel legal sources, praxis and interpretations. Generally speaking, the bioethics is a matter characterised by an ideological/political normative complexity and by the different aims. Furthermore, the ethical problems concerning the genetic research are very specific, due to the particular features by genetic information and the links and correlations with other kinds of personal data which are able to treat the privacy and other fundamental rights. This book is related to this phenomenon, also thanking into consideration information for genetic resources for research purposes, not only human data. In this sense, the contributions presented in this volume address some of the main problems and challenges faced by the specific legal and ethical problems of the genomic research, which are not easy to be solved under the principles and rules established at the different levels.
The paper aims to analyse the compatibility between the right of free circulation of goods and Bi... more The paper aims to analyse the compatibility between the right of free circulation of goods and Biomass circulation crossing the Internal market and the EU Member States legal systems. Biomass plants need to comply with the policies and rules of the Local Authorities regarding renewable energy, its transport, and to any policy adopted for that particular location which differs in each Member State and at the regional arrangement. As the Biomass as waste shall cease to be waste within the meaning of point (1) of Article 3 of Directive of Waste, when it has undergone a recovery or any operation in which the principal result is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to achieve that role, in the plant or the wider economy. Therefore, the scope of the term `waste' turns on the meaning of the phrase `discard'. The directive does not provide any decisive criteria for determining the intention of the holder to discard a given substance. The Court of Justice has been asked on some occasions for preliminary rulings on whether various materials are to be regarded as waste. Nevertheless, it has provided some indicators from which it may be possible to infer the holder's intent. Thus, according to EU legal framework and leading case of Court of Justice concept of waste cannot be interpreted restrictively. The question whether or not a given substance is waste must be determined in the light of all the circumstances, and regard being had to the aim of Directive and the need to ensure that its effectiveness is not undermined.
European Union seems to have a two-faced approach to the Biodiversity. One of this is a support t... more European Union seems to have a two-faced approach to the Biodiversity. One of this is a support to the biodiversity defence by EU political position and now through EU law with direct effect, the Reg. n. 511/2014. On the other side, a limitation of certification and marketing of vegetable seeds as by European Court of Justice affirmed in the case C-59/11. The article aims to lay down an analysis for developing a juridical framework able to defend biodiversity, its guarantee, local and native population's benefit and jurisdictional prevalence of patents. This meanwhile expects that the EU institutions must "align" their two-faced approach to the Biodiversity in their legal system. To achieve these goals the paper analyses the nature of invalidity by contracts and mutually agreed terms if missing specific provisions for the fair and equitable sharing of the benefits arising from the utilisation of genetic resources or of the traditional knowledge associated with genetic ...
Starting from the article by the chapter “Economic Operators of Third Countries”, which explores ... more Starting from the article by the chapter “Economic Operators of Third Countries”, which explores the status of the economic operator as defined by the European lawmaker and jurisprudence, this paper focalises its analysis on the definition of economic operator of third countries in the application of the Directive 2014/24/UE on public procurement. This analysis will take into consideration how the status of the economic operator of third countries must conscientiously respect the principle of reciprocity; i.e., contracting authorities must apply the principle of non-discrimination in the treatment of all economic operators, regardless of whether or not they come from EU Member States, if the latter fall under the multilateral framework of balanced rights and obligations relating to public contracts under the World Trade Organisation Agreement on Government Procurement (the GPA) or other international agreements.
For the purposes of the chapter, Technology Transfer Professionals are defined as intermediaries ... more For the purposes of the chapter, Technology Transfer Professionals are defined as intermediaries between technology suppliers and users who deal with ready-to-use technologies or technologies which have already been patented. Over the past 35 years, the commercialisation of academic research has become an increasingly prominent aspect of university activity. The participation of universities in technology transfer (TT) endeavours, mainly through the patenting and licensing of research results, serves as an important trigger for a re-evaluation of the nature of the profession of academic scientists in light of the knowledge-based society grounded in the Lisbon Strategy.
The article goal is to explain the European Union approach to artificial intelligence based on pr... more The article goal is to explain the European Union approach to artificial intelligence based on principles of democracy, the rule of law and fundamental rights incorporated on the development of the AI-based products. So, the article is focused on the description of the main elements of the European Union strategy lunched to face the issues of the legal and ethical issues related to IA. Thus, the framework mentioned above will be used to describe a scientific experiment realized in an Institute of the Italian National Research Council (CNR), that is an application requiring the adoption of innovative Artificial Intelligence techniques, where the ethical component to be faced is not limited to the aspect of privacy, but, much more important, to the intelligibility of the reasoning process.
The chapter aims to define the status of a provider and a user of genetic resources under EU rule... more The chapter aims to define the status of a provider and a user of genetic resources under EU rules ensuring legal access to genetic resources and the fair and equitable sharing of the benefits arising from their utilization. Both a provider and a user are identified by international treaties, particularly the Convention on Biological Diversity (CBD), the Nagoya Protocol and the International Treaty on Plant Genetic Resources for Food and Agriculture. To define a provider, we have to borrow the definition found in international law. Otherwise, for the whole of the European Union, the EU Regulations (EU) No 511/2014 and 2015/1866 apply, and Regulation (EU) No 511/2014 expressly defines what is meant by ‘user’.
The chapter aims to analyse waste producer and waste holder as statuses that fluctuate between th... more The chapter aims to analyse waste producer and waste holder as statuses that fluctuate between the polluter-pays principle and the qualification of given products such as waste or “derived-by-products” for the production of renewable energy. According to the EU legal framework on waste and its function in the EU policy related to green energy production, the statuses of waste producer or holder are linked to the meaning of “waste” and turn on the meaning of the word “discard”. Thus, the “intent” of the producer or the holder is the only criterion capable of clarifying “who is who” and “what is what”. The EU Court of Justice identified some elements that are useful for understanding the intent of the producer/holder of waste.
In 2014 the European Union ruled on a measure for users of genetic resources. Regulation (EU) 201... more In 2014 the European Union ruled on a measure for users of genetic resources. Regulation (EU) 2014/511 is correlated to distributive justice and principle of solidarity that underpins the entire EU legal system. Genetic resources and associated traditional knowledge can be transferred, used and marketed only under mutually agreed terms, including benefit-sharing arrangements, where applicable. This paper analyses the function of the contract (material transfer agreement) and mutually agreed terms for benefits-sharing, the juridical effect of infringements by users, and also the nature of the invalidity of the MTA if specific provisions for the sharing of the fair and equitable benefits arising from the utilisation of genetic resources, or from the traditional knowledge associated with genetic resources, are missing
Uploads
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.
The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status.
The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
Indeed, the research in the genetic fields faces with ethical and legal problems, which have to be regulated under multilevel legal sources, praxis and interpretations. Generally speaking, the bioethics is a matter characterised by an ideological/political normative complexity and by the different aims.
Furthermore, the ethical problems concerning the genetic research are very specific, due to the particular features by genetic information and the links and correlations with other kinds of personal data which are able to treat the privacy and other fundamental rights.
This book is related to this phenomenon, also thanking into consideration information for genetic resources for research purposes, not only human data. In this sense, the contributions presented in this volume address some of the main problems and challenges faced by the specific legal and ethical problems of the genomic research, which are not easy to be solved under the principles and rules established at the different levels.
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.
The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status.
The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
Indeed, the research in the genetic fields faces with ethical and legal problems, which have to be regulated under multilevel legal sources, praxis and interpretations. Generally speaking, the bioethics is a matter characterised by an ideological/political normative complexity and by the different aims.
Furthermore, the ethical problems concerning the genetic research are very specific, due to the particular features by genetic information and the links and correlations with other kinds of personal data which are able to treat the privacy and other fundamental rights.
This book is related to this phenomenon, also thanking into consideration information for genetic resources for research purposes, not only human data. In this sense, the contributions presented in this volume address some of the main problems and challenges faced by the specific legal and ethical problems of the genomic research, which are not easy to be solved under the principles and rules established at the different levels.