Rassegne e commenti

Six gatekeepers are appointed by the European Commission, tasked with imposing on Big Tech the obligations in the Digital Market Act. That Act imposes regulation that is innovative in some respects, although related to competition law. This contribution considers the regulation that became effective this year, the grounds for its approval, and the gatekeeper role.

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The European Green Deal, a set of EU policy initiatives with the overarching aim of making Europe climate neutral by 2050, requires significant green investments mobilizing public funds. The Commission confirms that the State aid policy has an important role to play in supporting the EU in the green transition process and in achieving the European Green Deal goals. However, for this to be possible, the EU State aid rules have to be well-designed and fully aligned with these targets. This paper aims to answer the question whether the European Green Deal actually gives a long-awaited green light for more sustainable and green aid and, at the same time, whether the EU State aid regime allows the achievement of the ambitious European Green Deal goals. To this end, the author analyses the existing State aid legal framework and assesses the recent review of State aid rules following the adoption of the European Green Deal.

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Examining the “decentralising” trend that seems to be impacting public and regulatory policies on renewable energy, this paper explores how new distributed energy generation models have spread and how profound innovations brought about by Distributed Ledger Technologies have resulted in new distributed energy policies. After a general overview of the regulatory framework of the sector, the paper aims to highlight the particular social value that renewable energy has acquired through the phenomenon of energy communities. Finally, the paper will investigate the role that the state is expected to play in response to these changes.

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The use of Artificial Intelligence (AI) in financial markets requires a balanced and proactive approach. The distinction between weak and strong AI systems highlights the need to adapt the sector legislation with respect to the sudden growth of the autonomy of the algorithms. The challenge is to balance natural technological development with market security. The balancing of human responsibility with the socialization of damages and with daring innovative solutions, such as the recognition of the legal personality of advanced AI systems or “smart law” hypotheses, would help jurists to manage, with less uncertainty, the new dynamics of financial markets.

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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 recognising 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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