With the decision n. 248/2022 of the 12th of February 2022, the Administrative Court of Puglia has ruled on relevant aspects related to the impact that a new generation agrivoltaic plant has on the territory, considering it less onerous than a traditional photovoltaic plant. Moreover, the Judge of first instance has recognized the inadequacy of the Regional Territorial Landscape Plan of the Region of Puglia with reference to these new plant configurations, ruling, finally, the compatibility of the agrivoltaic plant with the agricultural and pastoral necessities of the territory.

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This contribution proposes to outline the profile of the institute of preliminary assistance in the most recent legislation and case law. Starting from the elements that characterize the institute in general, the analysis will deal in particular with the jurisprudential orientations related to its application in the context of the digitized administrative action. The proposal put forward by the authors is that the institute can become, on the one hand, an essential means of overcoming technological problems and the digital divide between the citizen and the administration, and, on the other, a tool for implementing the principles of simplification by helping to reduce the burdens on private individuals who participate in the administrative process.

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The contribution analyses two different approaches in responding to the pandemic emergency. The author focuses on the 'Pandemic Law' adopted by Belgium to ensure a comprehensive legal framework for administrative action against the pandemic. He then analyses the creation of a new administrative authority within the European Union.

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The “Uberisation” of public service



Post author | 12 April 2022 | Not Yet in an issue

The advent of Uber distorts the traditional legal categories and requires a rethinking of the paradigms of public intervention in the economy. The intention of this contribution is therefore to analyze and compare the regulatory interventions of the Uber phenomenon, through a comparative reading of the US and European systems, also considering the broader regulatory perspective of the services born and developed thanks to the network and generally attributable to the sharing economy category which operates in highly regulated sectors and often dominated by operators inspired by strongly corporate values. The analysis is functional to singling out some ideas for an effective regulation of the phenomenon that knows how to combine the need to overcome excessively rigid regulation optics inspired by a closure of the sector that inevitably have deleterious effects on consumers who want to take advantage of the transport of both excessive forms of liberalism that release platform managers, often large multinationals, from the constraints to which traditional operators are subjected.

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As part of CERIDAP's "Book Forum" initiative, a study meeting to present the book "L’intervento pubblico di contrasto della povertà"(Editoriale Scientifica, Naples, 2021), written by Prof. Claudio Franchini, was held on 27th of January 2022. The contribution aims to review the interventions of the meeting.

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In a recent judgement, the administrative court of Lazio has annulled the circular of the Ministry of Health concerning the domestic management of Covid-19 patients. It has in fact argued that the binding nature of the circular undermines the possibility of the physicians to freely select the most suitable therapy for the patient. The Council of State has a different opinion and, reforming the judgment of the TAR, has also ruled on the complex issue related to the relationship between the standardization of care and autonomy of the physicians. This contribution offers an overview on the rulings of the administrative courts on this topic and then focuses on a short analysis of the second instance judgment.

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By judgment No. 2309 of 17 March 2021, the Council of State has further confirmed – overcoming the idea that the term for the conclusion of ARERA’s sanctioning procedure is merely ordinary – the peremptory nature of such term, therefore its overrun affects the challenged sanctioning measure, implying that it is unlawful. Indeed, the provision of a procedural time frame, to be determined by the Authority on a case-by-case basis, shall ensure that the time of sanction ascertainment is close to that of its punishment, thus meaning that the undue time lapse of the administrative action implies the unlawfulness of the sanction measure.

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This essay deals with the impact of new technologies in the provision of public service. The analysis focuses specifically on urban mobility, stressing out the new mobility concept that technologies has brought and its compatibility with public service principles.

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Trade globalisation, digitization, the circulation of vast amounts of taxable wealth, and the ease with which elusive practices aimed at diverting taxable material can be implemented today, have greatly affected the rigid legal-tax definitions that, even today, attempt to harness these new forms of highly mobile wealth. In fact, not only do digital enterprises to avoid being rooted in a specific territory take advantage of pre-existing definitions and institutions, created to tax income earned by the so-called traditional economy; but, above all, by using new digital-tools, they directly manage to hide many segments of their activity. In this paper, after a quick review of the history of the digital economy, we will try to offer a hypothetical solution to the still controversial issue of how to tax these highly mobile incomes.

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The essay singles out the problematic profiles of the decision by which the Consiglio di Giustizia amministrativa per la Regione siciliana ordered a preliminary investigation, before evaluating the existence of the non-manifest unfoundedness of the question of constitutional legitimacy raised by the appellant relating the Covid-19 vaccine mandates.

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