Understanding Legal Systems

• Law serves as a statement of fact, a rule, a divine commandment, and a system of rules governing a community.
• Legal norms allocate resources, prohibit harmful behaviors, and distribute public powers.
• Relationships within social groups are governed by norms from social behaviors, moral beliefs, religious texts, and legal systems.
• Legal norms are produced by the legal system and enforced by the state through penalties.
• Legal rules aim for social organization survival, regulate relationships, impose duties, and ensure rights.
• Effectiveness is the key characteristic of legal norms, allowing a legal system to impose binding rules, even with limited violations.
• Legal norms must be made by a competent authority, have a nomen iuris, follow legislative procedures, and apply to an indefinite number of individuals in an indefinite number of situations.
• Legal norms are normative, institutionalized, and coercive.

Legal Systems

• Legal systems are social institutions and bodies of legal norms enforced in a given territorial space.
• Elements of legal systems include a certain number of subjects, common evaluation criteria, legally qualified relationships, titular power, entitled organs, and means of coercion.
• Legal systems are classified as fluid vs. authoritarian, voluntary vs. necessary, territorial vs. non-territorial, general vs. specialized, independent vs. derived, and sovereign vs. non-sovereign.

State Recognition

• The state was recognized as a territorial, independent, and sovereign authority in 1648.
• The state is an authoritarian, necessary, territorial, general, independent, and sovereign legal entity.
• The state isn't the only legal system, but its political power unifies participants in a given legal system.
• Population settled in a territory follows regulations that satisfy its interests like defence and security.
• Constantino Mortati defined the State as a legal system with general ends exercising sovereign powers, where subjects are necessarily subordinated.
• Territory, sovereignty, and people are the three main characterizing elements of the State legal system.
• Territory includes land, the continental shelf, and waters near the coastline.
• Sovereignty is the ability to impose power, supremacy, and independence.
• People are different from population, nation, and voters.
• Citizenship grants rights and obligations and is differentiated by lus soli and lus sanguinis.
• Digital citizenship raises concerns about exclusion and the digital divide

State Forms

• The form of State is the relationship between the State and its citizens or a set of values and principles behind this relationship.
• Diachronic and synchronic methods can analyze the State.
• The frame of State is the global structural composition of a state, including territorial organization, distribution, and relationships between authorities.
• Feudal state was characterized with an identification of the feudal lord with land possession with a sole purpose of protection.
• 1648: The Peace of Westphalia overcame pre-existing political realities, marking the end of the feudal state.
• The Absolute State shifted power to the Crown, with sovereign power residing there.
• The Liberal State involved a separation between State and society, protection of rights, and the "minimum State".
• Representative government model for sovereignty with parliament for legislation.
• Democratic states involve mass parties, parliaments, recognition of rights, and welfare states after WWll.
• The frame of government structures governing bodies.
• Forms of government distribute power among branches.
• Whether there is a head of state and a head of government, whether incumbents are elected, and whether incumbents serve for a fixed term are used to classify forms of government.
• Presidential executives exist where the electoral body elects the Parliament, then the Parliament elects the Head of State, and Parliamentary executives exist where the electoral body elects both the Congress and the President, then the President elects the Cabinet.
• Semi-Presidential executives exist where the electoral body elects both President and Parliament, then the President appoints the government.

Legal Sources

• Acts are voluntarily adopted laws that produce legal effects if they satisfy three conditions: existence, validity, and efficacy.
• Existence: the act is adopted in the exercise of the power vested in the competent body by law.
• Validity: the body competent to adopt it followed the rules on procedure and substance established by law.
• Efficacy: It has the requisites to produce its own effects
• FACTS are not produced by the will of a specific body or subject but produce legal effects.
• Objective: behavior that has remained unchanged over the passage of time.
• Subjective: certain social behavior is considered to be legally binding.
• CONSTITUTIONS can be codified or uncodified, long or short, flexible or rigid, and voted or granted.
• Rigid constitutions require a special amendment procedure.
• it requires a DOUBLE VOTE of each Chamber of Parliament
• there must be "an INTERVAL between the votes of not less than three months"
• it "shall be approved by a QUALIFIED MAJORITY of the members of each Chamber in the second voting"
• there must be the possibility of recourse to the people through a POPULAR REFERENDUM
• In Italy, "super-primary sources" are the Constitution and Constitutional laws.
• Primary sources of law are law decrees, legislative decrees.
• Secondary sources are regulations.

Law Making

• In Italy, a lawmaking proposal can be made by the Government, members of parliament, 50k citizens, Regions, or CNEL.
• Conflicts of legislations: Chronological, Hierarchical, and Specialty criteria, and Competence criteria.
• Some matters are delegated to specific authorities, so even if the norm has a "lower power", they are the ones that are effective.

European Union

• The European Union (EU) is a political and economic union of member states in Europe that fosters economic cooperation and prevents war.
• We must distinguish between a European Union of 27 members State and the European Court for the Human Rights of 47 States
• The EU was created after World War II by Italy, Belgium, France, Germany, Netherlands, and Luxemburg for economic and pacificy purposes.
• The EU started with the European Coal and Steel Community (ECSC), European Economic Country (ECC), and European Atomic Energy Community (EURATOM).
• Treaties include the 1951 Paris Treaty, 1957 Rome Treaty, 1986 Single European Act, 1992 Maastricht Treaty, 1997 Amsterdam Treaty, and 2007 Lisbon Treaty.
• The European Union is divided in multiple INSTITUTIONS: European Council, Council of the European Union, European Parliament, European Commision
• Legislative sources include the CFEU, TEU, TFEU, Regulations, Directives, and Decisions.
• Regulations is a set of rules applicable throughout the EU; and Directives define goals that EU countries must achieve, with a deadline.
• EU decisions are applied to specific individuals, companies, or countries.
• Recommendations express goals, and opinions express a position in a non-binding way.
• Legislative Procedure: Formulation stage, First reading, Second reading EP position, Second reading council position.
• If no agreement is reached there is a Conciliation Commitee for resolution
• Essential Features of EU law include direct effect and primacy.

Van Gend en Loos Judgement

• States that EU treaties impact individuals, not just states.
• Individuals can directly invoke EU regulations in national courts.
• The EEC Treaty created a new legal order in international law, where individuals have rights under EU law.

Costa V Enel Judgement

• EU law is supreme over national law,
• Even if the national law was created later; hierarchical criteria have to apply.

Fundamental Rights

• The first recognition of fundamental rights in the EU came from a national constitution and a primary legislation by the supreme court.
• Amsterdam Treaty guarantees the Union respects fundamental rights from various sources.
• Lisbon Treaty recognizes rights, freedoms, and principles set out in the Charter of Fundamental Rights of the European Union.
• The Charter of Fundamental Rights has 54 articles divided into 7 chapters: Dignity, Freedoms, Equality, Solidarity, Citizens' rights, Justice, and General provisions.

Principles of the Union

• Union principles say that not only institutions but also companies should apply the fundamental rights protection.
• Vertical and horizontal effects apply to EU fundamental rights.
• Max Schrems shaped EU data protection laws with legal battles regarding GDPR.
• The CJEU ensures law observation in the interpretation and application of the Treaties.
• A Primary Ruling is the process of CJEU in which a national judge asks the Court for guidance on how to interpret EU law.
• Main sources for Multilevel Protection of Fundamental Rights include the Charter of Fundamental Rights of the EU, General Principles, and the ECHR.

IT Law

• We face internet/legal/societal issues with interconnected devices that communicate.
• The Brussel effect is the regulation of the internal market through law creation that impact EU countries and companies that are outside the EU.

IT Regulation Issues

• Regulatory tensions in IT law arise in areas like digital colonialism, economic impact, and the timing and pace of the law.
• These challenges lead to geopolitical control, research & development difficulties, and normative & institutional uncertainties.
• Mario Draghi identifies 3 areas for action: reducing the innovation gap, linking the decarbonization agenda and one of competitiveness and Raising European security.
• Europe tech start-ups face difficulties passing growth and scalability.
• European Framework is regulated by normative and Institutional uncertainties.
• During the space race, the Advanced Research Projects Agency (ARPA) was founded which led to the birth of ARPAnet. = for communication between notes.
• The debate on cyberspace regulation opposes governmental regulation.

Privacy

• Privacy as right and a social value entails liberty and dignity.
• Right of privacy aims to stay alone without intrusions of other people of political insterests

Right of Privacy in EU

• Has origin from both European Convention and Charter of Fundamental Rights
• Article 7 CFUE → Everyone has the right to respect for his or her private and family life, home and communications
• Article 8 CFUE → Everyone has the right to the protection of personal data concerning him or her. (active dimension)
• Everyone has right to protect their personal data which processed in ways lets you to stay in control of your own information.
• The right to privacy is a Negative Dimension right.
• Data Protection:
• is the right to control the way others use the information concerning us and form of stigma distinguishing right of privacy from right of data: Right to be let alone and the authorized use of the same by private and public bodies is made

Us Privacy

• Starting point of it 4th Amendment says that personal property not violated with warrant
• The Supreme Court adhered to the "physical trespass doctrine :
• if law enforcement trespassed it has violated the fourth ammandment
• Example : Olmsted
• Having shady converstations with a cabin = violation : Example Katz
• cellphones can be seen records of the citizens in : example carpenter

Eu Privacy

• Right to private and data : has EU Convention data is direct
• In the charter of fundamental Eu the rights privacy and date are in mention

Gdpr regulation

• Eu second laws for protection and is directive
• Overview on GDPR : it is directly appliclable in state
• there has also been a shift directive
• in EU is based on harmony with Uniformity

Gdpr principals

• has both a scope of material and territorial
  • scope the application by at 2
  • the non and norms by applies at 3 it is crucial to find connetions betwen those
• there has to be accountability and transparancy for whom have data
• GDPR IS
• in the member company YES GDPR
• is not or it is importatnt that if we sell goods and sell those we must process those codes

Order chat gpt

• Chatbots breaching protection rules al declared on may of of the
• In march that year they issued an order and by had done a resttiction that led to lack of legal collection
• it as by of compience
• in had to them now give knows
• also was and what