Rassegne e commenti

This article summarises the approval process of the Artificial Intelligence Act Proposal, particularly concerning high-risk predictive algorithms, to assess the effect of this legislative change.

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On October 14, 2023, Australian electors voted in a referendum regarding a proposal to change the Constitution by explicitly recognizing Aboriginal and Torres Strait Islander people through the insertion of a Voice to Parliament and Government. A majority of electors in each State voted against the change, as did a majority of electors nationally. Therefore, the referendum failed. This article explains the proposal from a public law perspective and includes brief reflections regarding the public debate surrounding the referendum.

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This contribution summarises the main amendments adopted by the European Parliament during its first reading of the EU’s Proposal for a Regulation on Artificial Intelligence (AI Act). It outlines the impact of this Act, if adopted with such amendments, on automated administrative decision-making (“adm-ADM”), and examines the margin Member States will have to supplement such provisions in their respective national administrative procedure acts. It concludes that the AI Act is a necessary piece of legislation and that, if adopted with some of the Parliament’s amendments, it will adequately regulate the development and use of AI systems by European public authorities, setting a high regulatory standard that can be reinforced by national legislators.

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Section I of the Regional Administrative Court for Umbria in a recent case reaffirms the non-binding nature of the opinion of the national Institute for Environmental Protection and Research on the hunting calendar drafted by the Region under the provisions of law n. 157 of 1992, Rules for the protection of warm-blooded wildlife and for hunting. The ruling provides an opportunity to reflect on the state of legal protection of wild animals at national and EU level, in light of constitutional reform and recent regulatory amendments.

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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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With one year remaining before the 2024 European elections, it is useful to try to appreciate what legacy will be left by the ninth legislature, which on close inspection appears to be truly exceptional. During the current legislature there has been a change in the European Union which has cast light on its capacity to take strong, courageous and highly innovative decisions. Also its ability to impose itself as a determined legislator. The article examines some important aspects in this respect and points to new avenues of research.

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The paper analyses the relationship between public and private actors in the context of the Italian National Health Service. This relationship not only characterizes and conditions the structure and organisation of the NHS, but also affects the right to health of citizens-users.

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The paper deals with the increased intervention of States in the economy in a historical phase of de-globalisation and changing geopolitical balances. Tensions are arising in the relations between the European Union and the United States as a consequence of the approval of the Inflation Reduction Act in 2022, that encourages productive investments located in the United States, thereby altering competition. The paper dwells on the Italian “golden power” regulation that introduces public control that significantly affects freedom of enterprise. The paper ends with the hope that the increased intervention of the State will not frustrate the achievements of the regulatory State, established since the 1980s in Western countries.

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The paper suggests the rise of a modern principle of residuality, which exceeds the balance between regulation and competition. This principle calls for the justification of regulation in terms of necessity. Problem drivers should be also taken into consideration, as well as the regulatory content. The problem drivers appear to be enriched compared to the traditional ones, whilst also being disentangled from problems that have already materialized so as to embrace a prospective and anticipatory approach.

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The contribution deals with the application of the principle of proportionality in the jurisprudence developed by national courts, the Court of Justice and the European Court of Human Rights to sanctions in the context of urban planning and construction. To this end, it first analyses the traditional categories of sanctions as they have been developed by national case-law. Secondly, it evaluates whether and how the principles developed by CJEU and ECHR have led to change.

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