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IT law
L3
Question | Answer |
---|---|
Acts: | adopted laws that produce legal effects and satisfy: - existence - validity: competent body follows the procedure to exercise a law correctly - efficacy: produce its own effects |
Facts: | they are not produced by the will of a specific body but produce legal effects because the law recognize them. |
Elements of facts: | - Objective: unchanged over time - Subjective: a certain social behaviour is considered legally binding |
Hierarchy of legal sources: | Constituion, primary and secondary sources |
Features of constitution: | - Codified : Long, rigid and voted -Uncodified : short, flexible and octroyee |
Italian rigid: | - double vote of each chamber of parliament - an interval greater than 3 months - recourse by a popular referendum |
Sources of law in Italy: | Constitution, constituational laws, law and law and legislative decrees, Regulations |
Italian law making process: | subject, proposal, chamber/senate, if approved, president promulgates the law if published on italian official journal the process is ended |
Legislative and law decrees: | 1) issued within specificed limits with the same force of laws 2) same rank of laws and can be converted in laws within 60 days otherwise are cease to be effective. Issued during emergencies |
Conflicts of laws: | norms are placed by sources on the same level, different or that regulate the same matter. |