Scientific research promoted by neuroscience has allowed the evolution of criminal law. The character of conscience, as a cognitive phenomenon of reality, has been seen to be influenced by factors that until a few years ago were completely extraneous to criminal legal logic. Human consciousness is much more complex than previously thought and is influenced by factors that cannot be overcome by the subject's will. According to neurophysiology, human consciousness, what man perceives of the external world, is formed after the subject has performed the action. For jurists, this discovery as a neurocognitive theory will completely overturn what has until now been the basis of the relationship between the prosecution and defense in criminal trials. In summary, the subject who wants to perform a gesture and performs it becomes aware of it only after the gesture has been performed. We note how the suitas is, on the basis of new scientific evidence of human conscience, totally revisited by living law so that it is updated with the evolution of the sciences applied to law.
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The Public Administration cannot…
Attorney Pierluigi Daniele has obtained three important rulings at the Council of State (three twin rulings), on the subject of noise emissions in residential environments.
In detail, the jurisdiction of the Administrative Judge has been established when the matter is complex due to the presence of a provision of the Public Administration that is flawed due to mismanagement or violation of multiple environmental-landscape-urban planning regulations. Above all, what is of notable novelty in the issue discussed is that the provision of the Public Administration, legitimate or not, is in any case illegitimate if it violates fundamental-constitutional human rights.
In this case, the contested provision allows an economic activity to introduce noise pollution into residential environments, harming the right to health and the living environment. It is the Constitution itself that prohibits, from a perspective of balancing constitutional rights, that economic freedom can harm health or the environment. Therefore, the provision of the Public Administration can only be considered illegitimate and that the jurisdiction, in matters in which there are fundamental or human rights, connected with defects in the administrative provision, is of the Administrative Judge, being the only one in Italy able to evaluate legitimate interests and subjective rights.
Below is the link to one of the three twin sentences:
https://dirittifondamentali.it/2025/01/31/il-consiglio-di-stato-interviene-in-materia-di-giurisdizione-sui-c-d-diritti-incomprimibili-consiglio-di-stato-sez-v-sentenza-8-gennaio-2025-n-129/
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Lo Studio legale-economcio Daniele, nella sede di via Pisa 6 Pescara, offre l'affitto di uffici per professionisti quali Avvocati o Commercialisti. Per informazioni scrivere alla mail segreteriastudiodaniele@proton.me .
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Inazione ambientale
Le magistrature europee in questi giorni hanno sentenziato un nuovo istituto poco riconosciuto, se non addirittura mai, nelle giurisdizioni italiane. Si tratta della inazione ambientale rientrante nel diritto ambientale e…
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