Diana-Urania Galetta

Full Professor of Administrative Law at the University of Milan and Editor in Chief of CERIDAP

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.

Read More

This article aims at analysing the decision-automation-systems currently used by public administrations in Italy. After an analysis of the legal framework, the different systems are classified and illustrated: in particular, the case of the so-called “good school” algorithm is discussed. The conclusions dwell on the reason for the scarce use of these tools in the Italian landscape, also due to the slow and uneven digitisation of the public sector.

Read More

SOLVIT is an on-line, free-of-charge service operating in all EU countries (and in Iceland, Liechtenstein, and Norway), which officially started its activity in July 2002. It was born as a network of national SOLVIT Centres, connected via an internet-based, multilingual network, with the aim of getting the national Centres to work together to reach the goal of helping businesses and citizens to overcome cross-border issues. Over time, and not without possible weaknesses in both practical and legal terms, it has developed to a multi-faceted single market tool, which also serves the purpose of identifying and try to overcome incorrect application of EU rules by national and local authorities.

Read More

This contribution outlines the provision of preliminary assistance in administration as seen in recent legislation and case law. First, the key elements of preliminary assistance are described. Then, the analysis addresses the jurisprudential orientations related to its application in the context of digitalized administrative action. The authors propose that, on the one hand, preliminary assistance is an essential means of overcoming technological problems and the digital divide between citizens and government administration, and, on the other, it is a tool for implementing the principles of simplification by helping to reduce the burdens on private individuals who participate in the administrative procedure.

Read More

In order for the Recovery and Resilience Plan for Italy to be a success it is necessary to overcome the slowness and inefficiencies of the Italian Public Administration system. At the same time, the Recovery and Resilience Plan can play a crucial role in enhancing the effectiveness of Public Administration; something that is badly needed in Italy. To achieve this goal it is necessary, however, to first of all complete the process of full “dematerialisation” and of digital archiving of Public Administration documents, as well as to overcome the lack of interoperability of public digital services. What is needed is a solid “human resources strategy” in order to trigger a transformational change for Italian Public Administration.

Read More

Since the adoption of the Charter of Fundamental Rights, in the context of the European Union the so-called “good administration” has emerged as a new fundamental right: the right to good administration, as written and detailed in Article 41 of the EU Charter. As for its specific contents, there is a clear correspondence with the provisions of Article 97 of the Italian Constitution with respect to the need for impartiality and good performance/efficiency of the Public Administration: two principles of which the best expression is found in Law 241 of 1990 on administrative procedure. It is precisely in this perspective that modern Information and Communication Technologies (ICT) can play a fundamental role in the context of public administration, especially in as far as the possibility to carry out an adequate and prompt investigation process during the administrative procedure is concerned.

Read More
Semaforo

In light of the numerous restrictive measures adopted in Italy, as in many other countries, to contain the SARS-CoV-2 epidemic, the authors examine the terms with which the use of the “App Immuni” could be qualified as a legitimate condition for carrying out activities at risk of infection. Digital contact tracing could give greater effectiveness to the measures taken to contain the epidemic and, therefore, lead to a better calibration of the limitations to personal freedoms. In this perspective, the authors’ attention is focused on analyzing the functioning of the app Immuni, especially in view of protecting personal data and in light of the analysis of the relevant European standards, also analyzed through the prism of the principle of proportionality.

Read More

From the point of view of European Union law, this the first time that the BVerfG concretizes its threat not to implement the decisions of the EU Court of Justice, which was already expressed in several of its previous judgments and, in particular, in its judgment on the Lisbon Treaty of 2009. The reasoning of the Karlsruhe judges reveals, however, gaps and errors. I will first refer to the most relevant legal errors (par. II). I will then briefly refer about the consequences of such violations of EU law (par. III).

Read More

The judgment of 5 May 2020 of the Zweiter Senat of the Bundesverfassungsgericht, to the extent that it expresses the German constitutional judge's claim to assess the legality of the ECB's decisions on the basis of the principles of attribution and proportionality, is more than questionable in point of law. Furthermore, it is extremely dangerous: and not only because it implies that the Zweiter Senat ultimately refuses, on the basis of the democratic principle and the control of the Union's competences, the uniformity of application of EU law. But also because it appears as the glaring demonstration of a form of “cultural bullying” many complain about, and which emerges in a crystal clear way in the reasoning carried out on proportionality. This is an attitude which, in the contingency caused by the COVID-19 emergency, could have truly tragic consequences for the future of the European Union.

Read More