Introduction to IT law

UE

Norm: refers to something normal

Rule: (Latin Regula), recall something is regular

A rule is a statement that governs human conduct, and its direct conduct.

It may stipulate that particular conduct is compulsory (imposing a duty to act),

prohibited (forbidding it) or lawful (permitting it)

Different types of rules:

Personal: regulate the conduct of a specific person

 Factual: convert one or more factually specified situation

 General: direct whoever may find in a specific situation

 Abstract: covers any situation that repeats the one envisioned



Low encompass the different type of rules:

Personal and factual: when a sentence directs a debtor to pay his creditor

 General and factual: rule for a specific situation (shovel the snow off the

 sidewalk in front of my house if it snows too much)

Usually, rules contained in codes, statutes, decrees and regulations are both

general and abstract

SANCTION

Distinction:

Civil sanction compensation for damage

 Criminal sanction imprisonment

 Administrative sanctions pay cash to the state



LEGAL RULES

People have to decide if adopt or not rules

You can ignore moral rules, local costumes, rules governing particular

professions, rules of courtesy and many others

Necessary criteria through which legal rules can be recognized

Legal rules, if violated, would be sanctioned by use of force or low

Judicial precedents tend to prevail, as continuity and the coherence of court

ruling credibility to the judicial function

SOURCE OF LOW

Any act or fact from which the low originates or can be obtained in a given

system

Written source: rules laid down in written text

Unwritten source: laws that are inferred from a diversity of contexts (es.

Customs)

Legal sources: are cases of low legislation

(Judges decide to create precedents precedent may become a

criterion for resolving similar cases)

Legislation: process through an authority draws up a text containing legal rules

(acts or statutory instruments)

The legislation became more important that case low whit an increasingly major

role for relying on codes of rules

Art.70 Italian Constitution 2 houses of parliament (chamber of deputies and

senate of the republic) legislation power

Matter principle rules have to be legitimated by a higher rule legal system

(made by historical events)

UE EVOLUTION: EECECEU

End of WW2: ERP (European Recovery Program) and OEEC (Organization for

European Cooperation)

=are the first example of European cooperation (1948)

NATO

North Atlantic Treaty- Washington 4/4/1949

Intergovernmental military alliance

 System of collective defense in response to an external attack (art.4)

 Initial number:12, current number:30



COUNCIL OF EUROPE- Strasburg

Treaty of London-5/5/1949

Initial 10 states: Belgium, Denmark, France, Ireland, Italy, Luxemburg, the

Netherlands, Norway, Sweden, UK (Turkey and Greece 3 months later)

An international organization whose states human rights, democracy and

 European low

Actual:47 states; population 820million



Political-Social-Cultural cooperation

The most famous achievement is the European Convention of Human Rights and

Fundamental Freedom (ECHR1950)

Creation of European court of human rights: supervision of state members and

bringing cases if there is a violation of the ECHR principle by a state

Art.8 (cases of Marper and S. and Marper v. UK)

Right to respect for private and family life

1. Everyone has the right to respect his private and family life, his home and his

correspondence. 2. There shall be no interference by a public authority with the

exercise of this right except such as is in accordance with the law and is

necessary for a democratic society in the interests of national security, public

safety or the economic well-being of the country, for the prevention of disorder

or crime, for the protection of health or morals, or the protection of the rights

and freedoms of others.

COMECON (Council of Mutual Economic Assistance)

1949-1991, Soviet Union and communist states

Was the Eastern Bloc’s reply, in the cold war, to the OECD(Organization for

Economic Co-Operation and Development)

WARSAW PACT 14/05/1955

Mutual assistance between the communist's states of eastern Europe Soviet

response to NATO

ECSC (European Coal and Steel Community)-1951

In 1949 Rhur and Sarr were planned to be returned to the Federal Republic

French feared for impact on Europe Shuman Plan (French Finance Minister)

Six states: Belgium, France, Italy, Luxemburg, the Netherlands, Germany

A common market for coal and steel

An organization governed by a high Authority (an independent body composed of

international civil servants) that determines conditions of production and prices

High authority was supervised by Council (Member State representatives)

Court of justice was instituted for interpreting the UE Law

Treaties ROME- 03/1957 entered into force on 1/1/1958

Creates:

1. EEC (European Economic Community)

2. Euratom (European Atomic Energy Community)

The objective of EEC:

1. Transform the condition of trade and manufacturing in the Community

2. Functional construction of political Europe for unification

Art2.

“..common market... harmonies development of economic activities, a

continuous and balanced expansion.. stability...relations between the states

belonging to it”

Art3.

Set freedoms for the market and goal the states have to obtain in reason of

European union; sets the European Social Fund and the European Investment

Bank; sets may new polices in order to favor free market

4 FUNDAMENTAL FREEDOMS:

1. Persons

2. Services

3. goods

4. capital

common market based on the principle of free competition

Certain policies are formally protected in the Treaty, such as:

1. common agricultural policy,

2. common trade policy,

3. transport policy,

4. (etc. various modification and integration of ECT during the time)

ENLARGEMENTS

1. Treaty of Accession of the United Kingdom, Denmark and Ireland (1972),

which increased the number of the Member States of the European

Economic Community from 6 to 9 (by 1973);

2. Treaty of Accession of Greece (1979)

3. Treaty of Accession of Spain and Portugal (1985), which increased the

number of Member States (MS) of the EE Community from 10 to 12

4. 1991: Treaty of Accession of Austria, Finland and Sweden (1994), which

increased the number of the M. States of the European Community to 15

5. Treaty of Accession of Cyprus, Estonia, Hungary, Latvia, Lithuania, Poland,

the Czech Republic, Slovakia and Slovenia (2004): this Treaty increases the

number of MS of the EC from 15 to 25;

6. treaty of Accession of Bulgaria and Romania (2005): MS of the E.

Community from 25 to 27

7. Croatia is a Member state by 2013

8. 2016: Brexit referendum:

The transitional period has started on January 31 2020 and ended on 31

December 2020:

The Withdrawal Agreement sets out the terms of the UK’s