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Software development contracts and the delivery of source codes in self-employment relationships

Sep 19, 2022
3 min

Software development contracts and the delivery of source codes in self-employment relationships

One of the main critical issues in the negotiation of a software development contract with self-employed workers as external consultants is the issue of ownership and therefore the delivery of the source code to the client company. Access to the source code is essential in case of need to update the software to meet new user needs or new regulatory requirements or to correct any bugs. Generally, software development consultants tend to deliver to their clients only the object

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Expulsion annulled: defect of motivation on the prevalence of social dangerousness over family ties

Sep 19, 2022
1 min

Expulsion annulled: defect of motivation on the prevalence of social dangerousness over family ties

Expulsion annulled: the PA did not provide "adequate motivation on the prevalence of social dangerousness over family ties The Justice of the Peace in Naples, by order of 4 May 2022, upheld the appeal in light of the documented and "qualified" family ties of the applicant (Italian minor child and new Italian partner expecting the applicant's second child) and taking into account the precautionary ruling of acceptance by the Court. The Magistrate's Court stated, in fact, that

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Foreigner who does not report to police station for expulsion purposes is not liable under 650 cp

Sep 19, 2022
3 min

Foreigner who does not report to police station for expulsion purposes is not liable under 650 cp

Court of Rieti, sentence no. 407 of 18 July 2022 A foreigner who fails to comply with an invitation to report to the police station for expulsion purposes is not liable for the offence under Article 650 of the criminal code The Court in monocratic composition, " ...., acquitted of the crime provided for in Article 650 of the Criminal Code the foreign citizen who, by failing to appear at the Immigration Offices of the Rieti Police Headquarters on the day and at the time establ

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Special protection: presence since 2017, good inclusion justify recognition

Sep 6, 2022
2 min

Special protection: presence since 2017, good inclusion justify recognition

Court of L'Aquila, decree of 31 May 2022 Special protection: presence in Italy since 2017, good inclusion and network of social relations justify recognition The judge of the Court of L'Aquila recognised to a Nigerian citizen the residence permit for special protection referred to in Article 32, paragraph 3 of Legislative Decree no. 25/2008, regardless of the assessment of the subjective and objective conditions of the applicant in the country of origin. The College grounds i

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Emersione 2020 - Suspension for erroneous assessment of employer's insufficient income

Sep 6, 2022
2 min

Emersione 2020 - Suspension for erroneous assessment of employer's insufficient income

T.A.R. per la Puglia, order no. 316 of 8 July 2022 Emersione 2020 - Suspension for erroneous assessment of employer's insufficient income The Apulia Regional Administrative Court, Bari seat, by order of suspension for the purpose of re-examination, granted the application with the following reasoning: "Considering that, after a summary examination of the precautionary phase, the complaint concerning the excess of power of the Public Administration with regard to the incorrect

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Smart working

Sep 6, 2022
2 min

Smart working

With the end of the emergency regime, as of September 1, 2022 the obligation of the individual agreement returned (based on the provisions set out in articles 19 and 21 of Law no. 81/2017 and collective agreements) and the new simplified communication made its debut. Until August 31, 2022, in fact, by virtue of special rules, employers in the private sector could make recourse to smart working even in the absence of individual agreements, with communication methods to the Min

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Enforcement and Recognition of Italian Judgements in China

Sep 6, 2022
2 min

Enforcement and Recognition of Italian Judgements in China

Italian judgments can be recognized and enforced in China by virtue of the Treaty Between the People’s Republic of China and the Italian Republic on Judicial Assistance in Civil Matters (中华人民共和国和意大利共和国关于民事司法协助的条约) signed in 1991 and in force since 1995. According to Article 20 of the Treaty, it can be recognized and enforced in China: Italian civil judgments The part concerning civil compensation and property return in criminal judgments Judicial settlement statements In ad

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Obligation of "non-removal" during the emersion procedure: to be identified in the 180-day period

Aug 8, 2022
2 min

Obligation of "non-removal" during the emersion procedure: to be identified in the 180-day period

T.A.R. of Campania, judgment no. 4239 of 22 June 2022 Obligation of "non-removal" during the emersion procedure: to be identified in the 180-day period A very important ruling by the Regional Administrative Court of Campania Naples, which establishes that, regardless of the justification of the removal from the National Territory, in the emersion procedure the final term of the prohibition of removal from the T.N. is to be identified in the term of 180 days established for th

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New Italian visa for digital nomads and remote workers

Aug 8, 2022
2 min

New Italian visa for digital nomads and remote workers

The art. 6 quinquies of law no. 55/2022, which converted into law the law decree n.4 / 2022 Sostegni ter introduced in the Italian legal system a new type of visa for digital nomads and remote workers, not belonging to the European Union (Article 27 letter q- bis of Legislative Decree 286/98 Italian law on immigration). The latter are defined as "citizens of a third country who carry out highly qualified work activities through the use of technological tools that allow them t

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Council of State sets the maximum time limit for the conclusion of proceedings at 180 days

Jul 25, 2022
1 min

Council of State sets the maximum time limit for the conclusion of proceedings at 180 days

Council of State no. 3578 of 9 May 2022 Council of State sets the maximum time limit for the conclusion of proceedings at 180 days The Council of State noted that the ordinary term for the conclusion of the emersion procedure provided for by Decree-Law No. 34 of 2020 must be 180 days. This conclusion was reached following an articulated examination of the provisions of Article 2 L. 241/90 in relation to which the matters of immigration and citizenship travel on a regulatory t

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Family visa: the Consulate cannot deny it if it does not prove the falsity of the marriage

Jul 25, 2022
1 min

Family visa: the Consulate cannot deny it if it does not prove the falsity of the marriage

Court of Rome, order of 27 June 2022 Entry visa for family reasons: the Consulate cannot deny it if it does not prove the falsity of the marriage The Court of Rome established the subjective right of the applicant to the issue of an entry visa for family reasons in favour of her husband, unlawfully not issued by the Italian Embassy in Youndè, Cameroon. In fact, the competent Italian Embassy has not yet determined the issuance of the visa requested by her husband, making it im

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Jurisdiction of the Court in case of opposition to expulsion based on the right to family unity

Jul 25, 2022
2 min

Jurisdiction of the Court in case of opposition to expulsion based on the right to family unity

Court of Rome, Order of 30 May 2022: Jurisdiction of the Court in case of opposition to expulsion based on the right to family unity The Ordinary Court with the order, issued at the outcome of a judgment pursuant to art. 13, par. 8 of the Consolidated Immigration Act concerning an opposition against an expulsion decree issued by the Prefect of Rome, issued a decision relevant, in particular, in terms of subject-matter jurisdiction. Article 18 par. 2 of legislative decree 150/

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Employment relationship in the journalistic sector

Jul 25, 2022
2 min

Employment relationship in the journalistic sector

The Supreme Court has ruled that, in the journalistic sector, for the purposes of identifying an employment relationship of a subordinate nature, it must be taken into account the extent of the services and the intensity of the activity carried out which must be such as to permanently involve the employee in the employer organization. In the case in question, a professional journalist acted against Rai Radiotelevisione Italiana for the recognition of the existence of an emplo

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The damage from a ruined holiday and the responsibility of the hoteliers

Jul 25, 2022
2 min

The damage from a ruined holiday and the responsibility of the hoteliers

Hoteliers have an obligation to protect their customers, pursuant to Articles 1175 and 1375 of the Italian Civil Code, having to guarantee the hygiene, health, surveillance and safety of the hotel in accordance with the regulations in force. In the event of damage suffered by customers in the hotel, the hoteliers will respond pursuant to art. 2051 of the Italian Civil Code, unless they prove the fortuitous event that is when the damage derives from an unforeseeable and inevit

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New Covid Protocol

Jul 11, 2022
1 min

New Covid Protocol

On June 30, 2022 the new shared protocol for updating the measures to combat and contain the spread of the Sars-Cov-2 / Covid-19 virus in the workplace was approved in order to update and renew the previous protocols signed by the Government, Competent ministries and social parties. The protocol indicates to employers and employees what are the new obligations for compliance with the provisions on health and safety with the aim of combating the spread of the pandemic. Avv. Gu

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Reception revocation and satisfaction of applicant's most basic needs

Jul 11, 2022
2 min

Reception revocation and satisfaction of applicant's most basic needs

T.A.R. per la Liguria, judgment no. 155 of 24 February 2022: Reception revocation - Cannot be inflicted if it deprives the applicant from the satisfaction of his most basic needs The Regional Administrative Tribunal for Liguria annuls the revocation of the reception measures ordered by the Prefecture of Imperia pursuant to Article 23 of Legislative Decree 142/15. In particular, the TAR refers to the ruling of the Court of Justice of the European Union (judgment 12 November 20

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Verification of continuity of residence in the face of discrepancies in the registry office results

Jul 11, 2022
1 min

Verification of continuity of residence in the face of discrepancies in the registry office results

Court of Florence, ordinance of 20 May 2022 : Verification of continuity of residence in the face of discrepancies in the registry office results The Court of Florence ascertained the continuity of residence in the face of discrepancies in the registry office results. The foreign citizen had undergone a registry cancellation (and subsequent re-registration in another municipality a couple of months later) attributable to a mere mistake in signing the registry cancellation for

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Court of Florence: Liberian citizenship legislation is discriminatory

Jun 27, 2022
1 min

Court of Florence: Liberian citizenship legislation is discriminatory

Court of Florence, ordinance of 1 June 2022: Liberian legislation on citizenship is strongly discriminatory: stateless status to a boy born in Ghana to a Liberian mother. The Court of Florence ascertained the stateless status of a boy born in Ghana to a Liberian mother and father who died before his birth. The Court ascertained the applicant's stateless status since he was unable to acquire either Liberian or Ghanaian citizenship. Liberian legislation on citizenship, which is

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Italian ruling on renewal of residence permit for self-employment and minimum income requirement

Jun 27, 2022
3 min

Italian ruling on renewal of residence permit for self-employment and minimum income requirement

Council of State, Judgment No 3505 of 4 May 2022: Renewal of residence permit for self-employment and minimum income requirement to be considered The ruling issued by the Council of State addresses and definitively resolves the issue of the income requirement / payment of contributions by a foreign citizen applying for the renewal of his residence permit. The foreign citizen appealed against the judgment of the Regional Administrative Tribunal for Liguria, which rejected his

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New SIMEST opportunities to support Italian companies exporting to Ukraine, Russia and Belarus

Jun 14, 2022
2 min

New SIMEST opportunities to support Italian companies exporting to Ukraine, Russia and Belarus

Simest has arranged for the opening of a new line of financing to support Italian companies exporting to Ukraine, the Russian Federation and Belarus, which have suffered a loss in turnover since the outbreak of the conflict. These are zero-interest loans with a non-repayable share of up to 40%, granted in any case within the limits of the overall maximum amount of subsidy under the Temporary Crisis Framework. Applications can be submitted starting from July 12, 2022 and until

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