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Case-law

Consiglio di Stato, Sez. VI, ord. 11 giugno 2024, n. 5235

In relation to an administrative sanction imposed on Google for gambling advertisements on YouTube, the Council of State raises two preliminary questions to the Court of Justice with the reported ordinance, pertaining to the subjective and objective scope of the 'facilitated' liability regime for hosting providers under Article 14 of the so-called E-Commerce Directive (Directive 2000/31/EC).

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Post author | 22 August 2024 | Not Yet in an issue

Corte costituzionale, 4 giugno 2024, n. 98

The Court has ruled that the provisions of articles 1, paragraph 2, letter f) and 7, paragraph 2, letter d), of Legislative decree n. 39/2013 are unconstitutional, in so far as they do not allow the appointment of director of a private-law entity - which is subject to public control by a province, a municipality with a population of more than 15000 inhabitants or a form of association between municipalities with the same population - in favour of those who, in the previous year, have held the office of Chairman or Chief Executive Officer of private-law entities controlled by local government.

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Post author | 8 August 2024 | Not Yet in an issue

E-Government and Digitalization

The paper investigates the Italian legal framework regarding cybersecurity public procurement. First, the rules introduced by the (Italian) 2023 Public Procurement Code are explored. Secondly, the residual legal framework is examined: both the general one applicable to all public administration (including within the [Italian] National Cybersecurity Perimeter), and the special one intended for tendering procedures launched by the (Italian) National Cybersecurity Agency. The necessary role of public actors in promoting and disseminating cybersecurity culture is highlighted.

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In EU composite procedures, Open Data can serve many public interests in a new way, leading to faster and more accurate decision-making enabling truly ‘effective’ administrative action. The governance of interoperable public data across EU and member States, including Open Data, is one of the ongoing challenges in a digital world where administrations as platforms compete with each other, while Artificial Intelligence and the so-called space economy open up new frontiers for public law.

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Publications

Proactive Justice



Post author | 16 June 2023

The concept of prospective overruling was developed in the United States nearly a century ago as a means to liberate the interpretation of legal norms from the constraint of stare decisis and allow the rule of law to evolve with changing social principles, without compromising legal certainty. Proactive jurisprudence defines this strategy, which is appropriate in our system as long as it is implemented according to the principle of proportionality. Thus, the refusal of judicial interpretation's natural retroactivity must be appropriate, necessary, and sufficient to protect those who relied on established jurisprudence and risk being unfairly (though legally) affected by the unpredictable rule interpretation change.

Publication details

Transparency and open access

This article starts with the question of who publishes academic journals today, then briefly analyses how the range of such journals has changed during the last two decades. The article concludes that investment is necessary to support publishing initiatives of open access diamond journals carried out by members of the academic community in public universities.

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The article highlights how public contracts are a crucial variable for the future of the government administration but at the same time represent a great challenge due to their complexity of the subject and the difficulty of in regulating them it in a simple yet effective way. The text article focuses on the many interests that the public administration has to consider when awarding contracts and how the new procurement Aact tries to combine a more streamlined discipline approach with the pursuit of the objectives of legality and transparency. The difficulty of achieving this goal can be seen is testified byin the recent experience of the UK legal system, which after Brexit is in the process of adopting a reform of public contract law that, despite the declared political intentions, still has many aspects in common with European and continental law.

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European Union

The adaptation of the administrative justice system to EU requirements is becoming a strategically important task for Ukraine in the context of approximation to European justice standards. Transparency is a key feature of the EU judicial system that guarantees public control, public trust in the courts, openness of court procedures and the efficiency of administrative proceedings to ensure quick and fair resolution of public law disputes. In general, the application of European standards to the Ukrainian administrative justice system has its relevance and prospects, however, it is also necessary to take into account certain problems that arise during adaptation. The purpose of this study is to provide scientific arguments and recommendations for Ukrainian legislators and executive bodies to achieve greater compliance with European standards in the field of administrative justice.

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March 2024 has been the apex of a sort of race as to which international organisation would be the first to adopt an instrument trying to regulate the development, production, and use of artificial intelligence. The paper highlights the advantages and disadvantages of a Council of Europe treaty, such as the Draft Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, as opposed to an EU regulation, such as the so-called “Artificial Intelligence Act”. The content of Draft Framework Convention is presented only briefly, before explaining why there is a case for a Council of Europe Treaty on Artificial Intelligence. The instrument of a Council of Europe Convention is then compared to the instrument of an EU Regulation, especially in terms of the limits resulting from the respective competences of the Council of Europe and the European Union, as well as the consequences of the need for ratification of the Council of Europe treaty as opposed to the direct applicability of the EU regulation.

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Fundamental Rights and Freedoms

Starting from the issues related to the development of “robotics”, the paper explains how decision-making with AI poses problems across disciplines and law can provide the right coordinates to navigate the challenges. “Law” can be called upon to “justify, regulate, and direct the courses of action” when Artificial Intelligence is implemented as a decision-making instrument that impacts a variety of facets of individual coexistence.

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In the following paper I will focus on the understanding, components, and contingent elements that have defined the evolution of the rule of law that has dominated legal and judicial practice for the better part of a decade now, especially in Europe. It goes without saying that in an undertaking of this nature, the selection of relevant aspects and, more importantly, the considerations associated with them are not immune to a perspective that is closely aligned with the duties of a judge at the Court of Justice of the European Union. In view of the particular relevance of recent developments in the rule of law in third countries, namely in the USA and Israel, it seems appropriate to also include these in the analysis.

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