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INIZIO_TESTO_DA_INDICIZZARE
UNITA' DI RICERCA
Research program
The Draft Constitutional Treaty, the Eu Charter of Fundamental Rights and the privat autonomy.
University Co-ordinator
Universita' degli Studi di ROMA -
Diritto privato - ROMA(RM)
Research Unit Leader
Mirzia BIANCA
Description
The importance of right of information in the creation of a pluralistic Democracy and the great number of conflicts which can be caused by a not correct acting of informative system, trace the first aim of this research. It consists of valuating how Member States respect the rules concerning pluralism and information. In order to realize this aim, the research is completed by the analysis of case Law of Court of Justice and of all the european normative documents. It is also necessary to analyse the italian normative system concerning telecommunications. It also very important to control the enforcement of european rules by italian Courts.To this first aim is strictly connected the second. It regards the establishing of content of right of information, as it results regulated by european system, in order to trace its limits, through a proceeding which aims to establish the correct balance between this right and other fundamental values. This aims includes the anlysis of private remedies for the protection of this right. Nevertheless, the research does not stop to active Perspective of information, considered as Freedom or Right. It is completed by consideration of passive Perspective: the duty of information. The research, moving from the experience of economic Law, will study the connections between Asimmetries in Information and Failure of Market. The two aims of this Research, which follow a parallel line, should lead to the third one. It tends to trace the real significance of right of Information in our democratic Society, in order to sign the balance between private economic and conctractual Freedom and normative systems which create limits to the exercise of this fundamental Right.
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