Articoli

The article aims to analyze in a linguistic perspective the administrative measures taken by the government to deal with the health emergency. More specifically, the contribution highlights the linguistic difficulties as well as the poor understanding of regulatory texts, or of their provisions, which result from a fragmentary and hasty legislative technique. Hence the difficulty for interpreters, and especially for those called upon to apply the same rules, to have a stable regulatory framework over time, and such as to allow a smooth and timely application and implementation.

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The article traces the evolution of Italian legislation regarding marine state property concessions: from the transitional regime of the extensions ex lege of existing concessions, adopted by the Italian legislator in the Nineties, up to the last extension of such concessions to 2033, and taking into account the European Commission’s position. The nature and multiple functions of the concessions for tourist-recreational uses are analyzed. On the basis of that analysis, the objectives and contents of necessary reform of the field are outlined, with the aim of adapting domestic law to EU competition rules. In addition to the obligation to award concessions by tender, the article highlights the need for reform to include the right to compensation of outgoing operators in such a way as to be truly equitable, satisfactory and in accordance with principles of EU law. It should also be noted that the criteria for determining license fees must be revised by introducing the principle of remuneration in order to ensure a genuinely competitive system, one which is efficient and economically sustainable for the State.

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The French Council of State rules that the existing threat to national security currently justifies the generalized retention of data. It affirms also that the possibility of accessing connection data in order to fight serious crime allows, at the present time, the constitutional requirements of preventing breaches of law and order, and the tracking down of authors of criminal offences to be ensured. However, after examining the conformity with EU law of French rules on the retention of connection data, and verifying that the implementation of EU law (as interpreted by the European Court of Justice) does not jeopardize the requirements of the French Constitution, the French Council of State orders the Government to reassess regularly the threat that exists in France so as to justify the generalized retention of data, and to submit the use of these same data by the intelligence services to clearance provided by an independent authority.

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Self-certification is one of the main tools aimed at administrative simplification and, in particular, at de-bureaucratization of the relationship between the Public Administration and citizens, as it is aimed at reducing the burdens on citizens. Self-certification, which over the years has been the subject of many legislative changes, in Italy has recently been profoundly innovated by the measures adopted following the emergency situation caused by the Coronavirus, which have also extended the scope of application of the principle to relations between private individuals. Despite the many regulatory changes, however, the potential simplification that should result from self-certification is still severely limited in Italy. It will therefore be seen how self-certification – a tool created to relieve the bureaucratic burden on citizens – instead of representing the balance between guarantee, control and simplification, in some case produced new and heavy bureaucratic burdens to the detriment of private individuals, thus totally deviating from the purpose for which the institute itself should be intended.

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Distrust in science and the spread of pseudoscientific theories appears to be one of the main factors threatening the freedom of science in modern Western democracies. This article discusses how due to the CoVid-19 pandemic this danger may even increase. In particular, the article highlights how certain behaviours of members of the scientific community may contribute to the spread of anti-scientific attitudes in society. The author analyses which strategies of action, especially within the scientific community, can be used to contrast such a tendency and points out that, regardless of the strategy chosen, the fight against pseudoscience requires a deep reflection on the problem of the “demarcation”, a key issue of the philosophy of science, which has been neglected in recent decades.

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The ecological damage



Post author | 17 May 2021 | Issue 2/2021

The paper, starting from the exam of the environmental damage and its economic relevance according to damaged environmental functions, aims to analyze the subcategory of ecological prejudice as it is governed within the French legislation. The ecological prejudice, which could be subjective if it concerns the human being – both as an individual and as community – or objective if it damages nature, raises relevant questions about how damage could be repaired. Moving from the “Erika” case, in which for the first time the existence of “pure ecological prejudice” has been recognized, the paper analyses the regulatory developments of ecological prejudice from the transposition of the Directive 2004/35 into French legislation until the Law of 2016 on the reconquest of biodiversity. Finally, with brief references regarding the solutions adopted in other national legislations, it is outlined, trying to stress out the most controversial aspects, the three forms of redress introduced by the 2016 Law: primary, complementary and compensatory.

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The article outlines the European Central Bank’s (ECB) communication characteristics since its foundation, with specific attention to the activities carried out during Mario Draghi’s presidency, from 2011 to 2019. Starting from some historical notes on central bank communication, are examined the reasons, degrees and possible problems. The subjects who are in charge of communication are then outlined, "who communicates", and the contents that are conveyed, "what is communicated", as well as the effects of communication and its relationship with the issues of transparency and accountability. With regard specifically to the European Central Bank, an in-depth analysis is also offered on the communication in Annual Reports from 1998 to 2019. Finally, some deductions are outlined about Draghi’s Government communication.

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It has long been a commonplace that the European Union forms a community of law and that the principle of “integration through law” is one of its central characteristics. In view of the growing scope and complexity of Union law, which requires ever new adaptations from the Member States, research on the implementation of Union law, which also works empirically, is gaining considerable importance. An international research project conducted at the German Research Institute for Public Administration was dedicated to the implementation and adaptation strategies of selected EU Member States. It investigated the transposition of organisational and procedural requirements for national administrations as laid down in EU directives related to environmental and energy policy. The investigation focused on various modalities of transposition: minimum transposition (“copy out”), the enactment of provisions that create obligations going beyond the requirements of the Directive (“gold-plating”) and the extension of the rules or principles of the Directive to other fields of law (“spill-over”), either by including a subject area not provided for in the Directive in the scope of application of the transposition provisions (spill-over in the narrow sense) or by fundamentally reforming a legal area on the occasion of the Directive (spill-over in the broad sense). The comparative analysis revealed a low degree of strategic use of transposition modalities. However, there is a growing awareness among Member States that they belong not only to a law community, but also to an implementation community. This is not least due to the mechanisms and procedures of intertwining Union and national action.

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The ongoing issuing of regulations in order to face the emergency stemming from the pandemic represents an interesting test to verify the integrity of our traditional system of protection of general interests. This system consists in the combination of general law, abstract and durable over time, on the one hand, and typical and punctual administrative provision, on the other. The orders of necessity and urgency are highly symbolic and emblematic, because they show a problematic relationship between law and power. The technique of using general principles (such as the principle of sincere cooperation, the principle of state supremacy, the principle of subsidiarity, the principle of reasonableness, the principle of proportionality, the precautionary principle and the principle of solidarity) must be refined in order to strike a balance between the rule and the exception. The excesses - of centralism, regionalism, authoritarianism and individualism - are always dangerous.

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This paper investigates the further and multiple repercussions of the results of the Research Quality Assessment (VQR), which could affect the freedom of scientific research activity, influencing its methods, object, degree of depth and dissemination channels. The paper will distinguish between effects that affect institutions and departments as a whole, and effects that directly affect the authors of the research products evaluated. The analysis will then focus in particular on the relationship between the results of the VQR and the classification of the A-class scientific journals in Italy, highlighting the potential distorting effects both in terms of greater or lesser accessibility to the A-class journals by contributions from authors who do not participate in the VQR, and in terms of research topics.

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