Manual Le novità in materia edilizia nel (Italian Edition)

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Video Press Kit. Contacts Reporting Job opportunities. Italian Spanish. Catch basin - Drainage system. Ventilation and drip cap. Glass blocks. Spacers and profiles. Concrete reinforcement. Codice [Code] : systematic and organized set of laws relating to the same subject or sector for example: Civil Code, Penal Code, etc.

Codificazione [Codification] : ordered and coherent system of norms and regulations in a particular field. It is made up of the representatives of Local and Regional Councils and it is nominated on the basis of proposals from the respective Member-States. Comitato Regionale di Controllo [CO. Commissione europea [European Commission] : executive organ of the European Union that implements Community acts and treaties. Comune [Commune] : territorially defined public body headed by a Mayor elected directly by the citizens. Conferenza permanente tra Stato e Regioni [Permanent Conference between State and Regions] : corporate Body that has an information, consultation and coordinating role with respect to general policies barring foreign policy, justice and national security.

They have an administrative character, that is compulsorily determined by Law and they are competent for all magistrates of the District. Consiglio comunale [Communal Council] : highest institutional organ of the Commune. The Communal Council represents the local community by which it is directly elected. It has duties of policy and of political-administrative control.

Its presidency is assigned on a six-month in rotation to each Member-State of the European Union. Consiglio di gabinetto [Cabinet Council] : organ that assists the Prime Minister and the Vice-Prime Minister in their political activity, notwithstanding the powers of the Council of Ministers. Consiglio Nazionale delle Ricerche [C. CNR has the legal status of a public organization, and defines for itself autonomous rules and regulations, in accordance with the existing laws and the Civil Code. Consiglio notarile [Notarial Council] : established in each Notarial District, it has a watch role on the notarial profession and on the conduct of notaries registered in the District.

Consiglio provinciale [Provincial Council] : representative collegial organ that has a guiding and political-administrative inspection role in the context of the Province. Consiglio regionale [Regional Council] : the highest deliberative and representative organ of the Region. It has normative and administrative competencies as well as organizational, financial and book-keeping autonomy.

Consiglio di sicurezza [Security Council] : it is the most important organ of the United Nations Organization and has a fundamental task in the maintenance of international peace and security.


Consiglio di Stato [Council of State] : an organ that has a jurisdictional and consultative function in the administrative sphere. As a jurisdictional organ, it is competent to re-examine on second level the judgements pronounced by the Regional Administrative Tribunals TAR. Consiglio Superiore della Magistratura [C. It is a self-governing body of the Magistracy. It issues orders for the appointment, assignment, transfer and promotion of magistrates judges and public prosecutors together with having responsibility for disciplinary judgements.

Consuetudine [Custom] : source of Law that consists of a behavior, conforming to the Law, which is kept in a constant and uniform way by the citizens. It is a primary level source in the hierarchy of norms of the international legal system. Consultazione popolare [Popular Consultation] : system of inquiry: opinion poll, through which the attitude of citizens with respect to political-administrative orientations is verified. Corte Costituzionale [Constitutional Court] : body set up by the Italian Constitution to carry out the following functions: to adjudicate on the constitutionality of laws deciding whether they comply with the provisions of the Constitution ; to adjudicate on conflicts between State Powers legislative, administrative, judicial , between the State and Regions or between different Regions; to adjudicate on the admissibility of repealing referendums; to adjudicate, in cases provided for under the law, on criminal charges brought against the President of the Italian Republic.

The Court is made up of fifteen judges holding office for nine years. It is made up of three judges. It has territorial jurisdiction within its own District, generally corresponding to a Region. The Court is normally located in the Region capital. In carrying out their functions the jurors have equal status to the Court judges: their votes count for the same as those of the judges when the Court reaches a sentence. It is responsible for checking the legitimacy of the activities of the Government and of the Public Administration.

It is also responsible for checking the management of the accounts of the State, of the Public Administrations generally and of the bodies subsidized by the State. It also has a judicial function in the field of public accounting and in relation to pensions of State officials. When dealing with matters of particular significance it sits in United Sessions. The Court of Accounts also has a consultative function when asked to give opinions on specific matters and a referral role when it is called upon to report directly to the Houses of Parliament on the results of the checks it has carried out.

Questions relating to conflicts of jurisdiction, competence and powers within the Magistracy are also referred to it for adjudication. It hears appeals both in civil and criminal matters against decisions reached by lower Courts but only on points of law assessment of legitimacy. It is thus concerned to ensure that the Court dealing with the merits of the case has correctly applied and interpreted the law in reaching its decision.

It is a collegial body dealing with ordinary jurisdiction. In cases of particular importance it sits in United Sessions. Its offices are in Rome and it has jurisdiction over the whole territory of the Italian Republic. The Court has the power to settle legal disputes between Member-States, European Union Institutions, businesses and individuals. It can be appealed to for violations of rights and liberties guaranteed by the Convention.

In accordance to the Statute it is an organ of the United Nations. It is made up of fifteen judges of various nationalities who are elected on the basis of their competencies and moral standing. Costituzione [Constitution] : fundamental law of the Republic that sanctions the fundamental principles, the duties and rights of citizens.

It also regulates the State organization. Decreto-legge [D. Decrees law can be converted to laws by Parliament. Decreto legislativo [D. Decreto ministeriale [D. Decreto del Presidente della Repubblica [D. Its scope is to serve the public interest and, as such, it is subject to different rules than those that govern private property.

This kind of property is, in fact, inalienable and from it cannot accrue any right to a third part. Democrazia diretta [Istituti di, Institutions of Direct Democracy] : Institutions provided by the Constitution through which the people, in whom sovereignty rests, directly exercises its powers. These institutions are: popular initiative of bills and laws, right of petition and the popular referendum.

Deputati [Members of Parliament] : members of Parliament elected by direct universal suffrage, some by means of majority voting system and others by means of proportional representation system. All citizens over twenty five years can be elected as long as they are not in a state of ineligibility as set out by Law. Their mandate lasts for five years, which is for the whole legislature. Deregulation : progressive suppression of norms issued by public authority that regulate, in particular, economic activity.

In practice this means the abolition of controls having social objectives that limit the free initiative of entrepreneurs. Direttiva comunitaria [Community Directive] : in European Community Law a directive is a legislative instrument that is binding on the Member-States to which it is addressed as regards the result to be obtained, but leaves them free to determine the form and methods.

Directives may be adopted under the European Community Treaty either by the European Parliament and the Council or by the Council or by the Commission. Once adopted, Community Directives still have to be transposed by each of the Member-States, that is to say they must be implemented by national Law. Diritto amministrativo [Administrative Law] : branch of the Law that regulates, within the bounds of the Constitution and of the Law, the administrative activity of the State in all its facets.

It is concerned with the organization, property, means, forms and the safeguarding of the activity of the Public Administration. Diritto costituzionale [Constitutional Law] : the fundamental principles and regulations of the State, citizens and all other community parties. Diritto internazionale [International Law] : set of rules on which States regulate their political, economic and social relationships. Amongst International Law sources, international Treaties are of particular importance. Diritto pubblico [Public Law] : set of regulations that govern the formation, the organization and the activity of the State and Public Bodies, as well as their relations with private parties in cases in which the State or Public Bodies are in a position of superiority that derives from the fact that the latter are acting as public authorities.

Disposizioni sulla legge in generale o preleggi [Provisions for law in general or Pre-laws] : norms that are premises of the Civil Code that regulate the entire Italian legal system. There are two types: the first is concerned with Law sources; the second sets norms in relation to Law application criteria binding effect, effects over time, interpretation of Law, treatment of foreigners.

Disposizioni transitorie e finali della Costituzione [Transitional and Final Provisions of the Constitution] : provisions, marked by Roman numbers, that contain norms that have the same formal value as the Constitution. The majority of these are aimed at regulating and guaranteeing, by means of transitional norms, the correct establishment of the new constitutional regime.

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Elettorato [Electorate] : the exercise of a public power attributed to all the electors expected to vote. Belonging to the electorate is documented and attained through being registered in the electoral register. Elezioni [Elections] : popular consultation through which the citizens, with the exercise of their right to vote, choose their representatives in the various institutional organizations e.

Enti locali [ Local Bodies ] : public bodies that operate in a restricted territorial area for matters that are of strictly local interest; in order to carry out this task they are, at various levels, politically and legally autonomous. Enti pubblici [Public Bodies] : legal persons through which the Public Administration carries out its administrative activity.

Fonti del diritto [Sources of the Law] : each of the various types of facts or acts that, in the context of a given legal system, can give rise to, can modify or cancel legal norms. Forma di governo [Form of Government] : the way in which the political power of a State is organized and managed.

In particular, in relation to the way in which executive and legislative power is divided, the form of government can be parliamentary or presidential. Funzione pubblica Dipartimento della [Public Administration Department for ] : activity carried out in the interest not only of the party exercising that power but of the community as a whole. All the functions of the State are included in this notion legislative activity, jurisdiction and administration. Gazzetta Ufficiale [G. As well as normative acts, the Official Gazette publishes all acts of public interest and the notifications and insertions that must be compulsorily announced.

Gerarchia delle fonti del diritto [Hierarchy of Sources of the Law] : way of distinguishing different Law sources according to their importance. The most important source in Italian legal system is the Constitution. Giunta comunale [Communal Board] : government organ of the Commune. It carries out proposal and orientation activities with regards to the Communal Council.

It collaborates with the Mayor in the administration of the Commune and operates through collegial deliberations fulfilling the acts that are not exclusive to Communal Council or that do not fall within the competencies, in accordance with the laws or the Statute, of the Mayor or other organs of decentralized authority. Giunta provinciale [Provincial Board] : executive organ of the Province.

Its competencies include general active administration for all matters that are not attributed to other provincial organs. Giunta regionale [Regional Board] : executive organ of the Region. It has general administrative competence and the power to issue circulars and to regulate its working through specific internal regulations. Also, it has the task of enacting the political program drawn up by the Council. It can promote bills and laws and can impugn the constitutionality of State or other Regions laws that impinge on its competence. Giurisdizione [Jurisdiction] : it is one of the three typical modes by which the sovereignty of the State is enacted.

Giustizia amministrativa [Administrative Justice] : the complex of institutions that are predisposed for the defense of the citizens or of public or private organizations with respect to the Public Administration. Governo [Government] : complex body to which the exercise of the executive power of the State is principally attributed. It consists of a Prime Minister and Ministers, who together make up the Cabinet. The President of the Republic nominates the Prime Minister and, on the suggestion of the latter, the Ministers. The Government also has certain normative powers that are exercised through the enactment of decree laws, legislative decrees and regulations.

Guardasigilli [Keeper of the Seals] : he is the Minister of Justice who, by tradition, is the custodian of the State Seal and in this role countersigns laws and decrees in order to their publication. A bill is drafted in paragraphs and articles and is presented to one of the Houses where it is debated. Interrogazione [ Parliamentary Question] : political inspection act consisting of a written question made by a Member of Parliament usually of the Opposition to the Government or to a Minister on a particular situation in order to be granted information or explanations with regard to a particular issue or the provisions that have been made or will be made in its regard.

Set up in , it is under the control of the Ministry of Treasury, the budget and the financial planning. It has the task of exercising graphic arts in the interest of the State, the management of publications and of the State Stationery Office. It publishes the Official Gazette of the Republic and distributes public databases. To its original tasks, others — such as minting, the creation of official seals, and, on the authorization of the Treasury, minting for foreign States — have been added. It contains about forty databases of legal electronic documents regarding legislation, jurisprudence, legal authority and bibliographies.

The ItalgiureWeb querying system is currently available on the Web and is freely accessible only to normal magistrates. Iter legislativo [Legislative Iter ] : expression commonly used to indicate the course that a bill or any other text presented to Parliament must follow before arriving at a definitive vote. Lavori parlamentari [Parliamentary Works] : activities carried out by Parliamentary Assemblies, Boards, Groups and Committees, as well as by other bodies in accordance with Parliamentary Houses regulations, adopted to ensure the proper functioning of Parliament itself.

Lavori preparatori [Preparatory Works] : activities that precede the approval of legislative acts. These include the illustration of bills and their debating in Assembly. Legge costituzionale e Legge di revisione costituzionale [Constitutional Laws and Constitutional Revising Laws] : Law sources of a constitutional nature that are added to the text of the Constitutional Charter and that, differently from ordinary laws, must be passed by Parliament with specific procedures that are set out in the Constitution itself. Legge delega [Delegated Law] : it is a provision that defines the subject and the principles that the Government must keep to in enacting a specific legislative decree.

Legge regionale [Regional Law] : it is a provision approved by the Regional Council, enacted by the Regional President and published in the Official Gazette. Maggioranza di governo [Government Majority] : coalition of Parties that has obtained the majority of seats in Parliament and that supports the Government. Maggioritario [Majority System] : electoral formula that divides up national territory into uninominal or plurinominal constituencies.

In uninominal constituencies the seat is usually assigned to the candidate who has had the relative majority of votes. In plurinominal constituencies the list that has obtained the relative majority of votes is given the absolute majority of seats or receives a bonus that is a greater number of seats than that which proportionally reflects the electoral result.

Magistratura [Magistracy] : in its wider sense this term includes the whole body of public functionaries, whether their offices are legislative, judicial, executive or administrative. In a more restricted and usual meaning, it denotes the class of officers who are charged with the application and execution of the Law. Ministero [Ministry] : State bureaucratic apparatus that operates in a specific sector of Public Administration.

It depends directly on the central organ of Government as a Minister, who administrates its activities, is placed at its head. Ministro [Minister] : constitutional organ of the central Administration of the State. It has political and administrative functions and it contributes to the policies of Government in a specific sector of administrative activity. Ministro senza portafoglio [Minister without Portfolio] : Minister invested with the political-constitutional authority of member of the Government as a collegial organ.

He is not, however, at the head of a Ministry but is assigned to carry out tasks of political-administrative nature, which mostly consist in initiative, coordination and inspection functions. Norma giuridica [Legal Norm] : abstract, general and prescriptive rule whose breach involves a sanction.

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Norma interna [Internal Norm] : regulation made by a Public Administration regarding the carrying out of its functions and the way in which its activities are run. Organizzazione per la Cooperazione e lo Sviluppo Economico [O. Ordinamento giudiziario [Judicial System] : set of norms that regulates judicial functions and the status of the people to which they are assigned. Its main functions are of a legislative, inspection and policy nature.

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Parlamento Europeo [European Parliament] : legislative organ of the European Union, made up of the representatives of the people of the Member-States who are elected, as from , every five years by direct universal suffrage. Prassi amministrativa [Administrative Practice] : a succession of acts of similar kind carried out by the Public Administration, even without the belief they are obligatory. It is not a source of Law and has no effect on legal system, but it can be used for the interpretation of administrative acts.

Prassi costituzionale [Constitutional Practice] : repeated or customary actions with which constitutional organs concretely carry out their assigned tasks. Prefetto [Prefect] : representative of the Government in the Provinces. Nominated by a decree of the President of the Italian Republic on the suggestion of the Interior Minister and after a Cabinet consultation, he has functions that cover all branches of the State administration and, through the Provincial Committee for Public Order and Security, coordinates the strategy for public security in the Province together with the Police Superintender and other Provincial Commanders of the Police Force.

Presidente del Consiglio [Prime Minister] : constitutional organ that has the function of coordinating and directing the Council of Ministers. He is nominated by the President of the Italian Republic following a specific procedure that consists mostly in a series of consultations with Parties leaders and Houses Presidents. The Prime Minister creates the Government and draws up its program; he has also the power to propose the nomination of individual Ministers to the President of the Republic.

Presidente della Repubblica [President of the Republic] : he is the highest institutional office of the State and is elected by Parliament in a plenary sitting and the representatives of the Regions. All citizens over forty-nine years, who have full civil and political rights, can be elected to this office. Presidenti delle Camere [Houses Presidents] : the Presidents of the Chamber of Deputies and the Senate are the organs that preside over the functioning of each House.

A qualified majority is required for their election. Presidenzialismo [Presidential System] : form of government characterized by a rigid separation of authority. In this system the President is elected directly by the people and is contemporaneously Head of the State and Head of the Government.

Procedimento legislativo [Legislative Procedure] : set of acts aiming at the laws making in which both Chambers take part. Procura della Repubblica [Office of the State Prosecutor] : office that is part of the Italian judicial system, to which the magistrates who carry out the functions of Public Prosecutor are assigned. Promulgazione delle leggi [Enactment of Laws] : it is an act of laws control that must be carried out by the President of the Italian Republic within a month from the approval of both Chambers of Parliament.

With enactment the law becomes enforceable; binding effects for citizens, however, only follow the publication on the Official Gazette of the Republic. Progetto di legge [Bill] : it is a normative text drafted in articles that is proposed for approval to one of two Chambers. Provincia [Province] : territorial public body that is in between the Commune and the Region. At the head of each Province there is a President of the Provincial Government, who is elected directly by the citizens.

Provvedimento amministrativo [Administrative Provision] : public authority act that provides for one or more concrete cases and with respect to one or more subjects. Pubblica Amministrazione [Public Administration] : the directly pre-ordained organs and activities that carry out the tasks and the aims considered to be of public interest by the State community. Pubblicazione della legge [Publication of Law] : the act by which a law is officially made public. It is an act of communication that makes a law operative.

A law is published — in the Official Gazette of the republic — within and not beyond thirty days from its enactment. These divisions are made up of prosecutors specialized in investigating organized crimes. Their task is to ensure that the laws are observed, that justice is administered promptly and regularly, that the repression of crimes is promoted they are entitled to start a criminal action and that security measures are enforced.

Quorum : legal number required for an assembly or a collegial body voting to be valid. Raccolta ufficiale degli atti normativi della Repubblica Italiana [Official collection of the normative acts of the Italian Republic] : contains legislative provisions of the State and all Government acts for solely documentary purposes.

Raccomandazioni [Recommendations] : this is the term used in European Community Law for acts emanated by the European Commission or by the Council of Europe that are not legally binding. They have the precise scope to oblige those to whom they are aimed to adopt a comportment judged to correspond more with the European Community interests. Referendum : direct popular consultation of the electorate through a vote whose object is a legal text or a political question.

It is the most important institution of direct democracy seeing as it is a tool by which the people exercises its sovereignty without the intercession of intermediaries. Our legal system envisages: a the constitutional referendum, for the adoption of laws that modify or add to the Constitution; b the repealing referendum, for the repeal of a law that is in force; c the territorial referendum, for the modification of Regional, Communal or Provincial territory; d the consultative referendum, non-legally binding on questions of particular relevance at the Regional level.

Regione [Region] : is a public territorial body which has legal and administrative competencies. A President who, depending on Regional Statutes, can be elected directly by the citizens or chosen by the Regional Assembly, heads it. Regolamenti [Regulations] : legal provisions that regulate specific matters within the limits set by the law. Governmental regulations are approved by a Presidential decree; ministerial regulations are approved by the competent Minister with a Ministerial decree.

Regolamenti comunitari [European Community Regulations] : are the most important normative sources for the European Community Law; they are legally binding and are applied directly in each State of the European Union. Repubblica [Republic] : form of government in which the Head of State, who can be a single person or a body, is elected by the people directly or indirectly, i. Rinvio delle leggi Potere di [Returning of laws to the Chambers of Parliament, Power of] : power given by the Constitution to the President of the Republic; its exercise constitutes a veto that temporarily suspends the approval of a law by the Houses.

Risoluzione [Resolution] : in the European Community Law consists in an act adopted by the European Parliament that makes a unanimous statement on a report presented to it by one of its Committees. Risoluzione parlamentare [Parliamentary Resolution] : is a tool that has the function of parliamentary orientation. It can be presented in Assembly or in Committee.

Sanzione [Sanction] : consequence fine, imprisonment, etc. Sentenza [Sentence] : jurisdictional provision containing a decision, pronounced by the judge in a trial. Normally it is the concluding or final act of a judgment. Sindacati [Trade Unions] : collective organizations that represent the interest of specific categories of people for example the workers. Sindaco [Mayor] : individual, head of the Communal government and officer of the State.

Sistema elettorale [Electoral System] : complex of rules and procedures through which, on the basis of votes cast by the citizens, seats are assigned to the elected members. Stato [State] : territorial organization that is created through the political organization of a people that are stably set in a territory and under the authority of a government. Stato federale [Federal State] : political organization where power is split by a system that allows the Member-States to conserve some sovereignty. Tribunale Amministrativo Regionale T.


Its jurisdiction covers the adjudication at first instance of administrative provisions appealed on grounds of legitimacy that is of compliance with the law damaging a legitimate interest that is, the interest of an individual corresponding to a general public interest. In some contexts the Court has the power to adjudicate on the merits of a case or has exclusive jurisdiction. The Regional Administrative Court has competence within its own geographical jurisdictional area which coincides with regional boundaries and has its offices in the regional capital.

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It has several different divisions and decisions are made by a panel of three judges. Appeals against its decisions are made to the Council of State. Testo Unico [Consolidation Act] : a collection of norms that regulate a particular matter. It is approved by a Presidential decree. Trattati internazionali [International Treaties] : are sources of international Law.

They are agreements through which the States establish common rules of behavior financial, fiscal agreements, etc. This Court may adjudicate as a collegiate court with three judges sitting or with only a single judge. The decisions of the Ordinary Court may be challenged on appeal to the Court of Appeal for reasons based on the facts giving rise to the dispute on the merits and before the Court of Cassation on appeal on grounds related either purely to the Law relating to legal legitimacy or to jurisdictional powers jurisdictional grounds.

The Ordinary Court also exercises the functions of a Tutelary Court together with other specific functions laid down by the Law. Tribunale dei Ministri [Ministers Court] : special jurisdictional organ — organized by lot in each Court that is a seat of an Appeal Court District — that judges the penal responsibility of Ministers.

Unione Europea [European Union] : economic, political and institutional organization with very broad competencies to which the majority of European countries already belong. Vacatio legis : period of time between the publication of a law and its coming into force.

Voto diritto al [Vote, Right to] : it is the right, belonging to all citizens, to elect their representatives in Parliament or in other representative organs of the State Regions, Provinces, Communes, Districts. Welfare State : expression that indicates the system in which the State takes on the task of promoting the welfare of its citizens through institutional activity health care, social security pensions, etc. F ree of charge databases. As a result of a brief survey of the Internet legal resources above mentioned, only few ones can be classified as free of charghe.

As far as the Italian Legislation we can cite:. Through the Italian Parliament Web site we have access to the Italian Constitution in English, French, German, Spanish, Arabian , Constitutional laws, Italian State laws from — thirteenth Legislature , Italian State laws of particular relevance , laws of the Italian Regions and the autonomous Provinces from its establishment in full text , electoral laws , Rule of the Chamber , other Rules ;. In relation to the Italian Jurisprudence we can consult:. In the field of the Italian Legal Literature :. After having established the link, the work station operates as a computer terminal terminal emulation , allowing the local user to carry out an interactive dialogue sessions with this.

Printed Sources of Italian Law B. Appendices 1. Main Italian legal web sites 2. Printed Sources of Italian Law 1. Printed Sources of a General Nature 1. Legislation 1. Jurisprudence 1. Legal Authority 2. Sources of Italian Public Law 2. Public Law Legislation 2. The Italian Constitution 2.

Constitutional Laws 2. Other Laws of Public Law Interest 2. Public Law Jurisprudence 2. Public Law Legal Authority 3. Sources of Italian Civil Law 3. Civil Law Legislation 3. The Civil Code 3. Other Laws of Civil Law Interest 3. Private Collections of Thematic Legislation 3. Civil Law Jurisprudence 3. Civil Law Legal Authority 4. Sources of Italian Criminal Law 4. Criminal Law Legislation 4. Other Laws of Criminal Law Interest 4.

Portals 1. Institutional Portals 1. Private Portals 2. March 31, La sentenza n. March 25, Contratti , Fiscale. March 11, Una recentissima pronuncia della Corte di Cassazione a Sezioni Unite 8 marzo , n. March 6, Nel il Comune di Milano ha avviato il procedimento volto alla redazione del Piano delle Attrezzature Religione, del nuovo Documento di Piano e delle varianti al Piano dei Servizi e del Piano delle Regole, unitamente al relativo procedimento di Valutazione Ambientale Strategica.

Contratti , Diritto dell'Edilizia , Diritto Urbanistico. March 4, Clicca qui per leggere i dossier di approfondimento di Studio. Your email:.