The paper analyzes judgment T-238/2020 whereby the General Court rejected the appeal filed by Ryanair DAC. With the appeal, the low-cost airlines sought to obtain the annulment of the European Commission’s decision C (2020) 2366 final approving state aid granted by the Kingdom of Sweden to airlines with Swedish licenses. The General Court rejected the appeal as the concession procedures and the purpose of the measure were considered compatible with EU law.

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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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When the European Union will come back after the summer break (la rentrée) in September 2021, the second half of the ninth legislature will begin, along with the second half of the term of office of the European Commission presided over by Ursula von der Leyen: the challenges are huge and the projects and unfinished business under way are numerous and complex and all the European institutions are being called upon to cope with a situation which is admittedly delicate yet full of stimuli and potential. First of all, the Conference on the Future of Europe must be brought to a successful conclusion: here not only is the Union’s credibility at stake but also the question of its ability to keep a steady hand on the tiller in the years ahead. At the same time, but still closely linked to the Conference, there is the question of defending the founding values of the Union, in particular the rule of law and non-discrimination, which are the subject of disputes with some States. Then there is the need to get the Next Generation EU operation - one of the most important political and economic initiatives in the continent’s history - off on the right track and, with it, get Europe out of the pandemic crisis, which has a variety of aspects in addition to the obvious one of health. The next few years will also be decisive for assessing the validity and solidity of the agreement on Brexit, which is as sensitive as the pressures on free movement brought about by emergencies. Lastly, there is the immense construction site of digitalisation with its various themes (artificial intelligence, Digital Service, teleworking, cybersecurity). It is therefore worth quickly taking stock of where we stand.

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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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With the decision of the Court of Justice of the European Union that is going to be analyzed herein, the European judge focuses on the primary purpose of investigating the possibility of considering the Italian F.I.G.C. (Federazione Italiana Giuoco Calcio) a body governed by public law. In this respect, the comment aims at summarizing the main issues concerning the mentioned body, especially with regard to the conditions provided for by law in order to recognize such public entity. At the end of the note some critical considerations will be made about the decision.

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Digitalisation and the right to good administration



Post author | 9 July 2021 | Not Yet in an issue

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.

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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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The judgment C-761/18 P appealing by Professor Päivi Leino-Sanberg the order of the General Court T-421/17, concerns the refusal of access decided by the European Parliament regarding the dissemination of the content of some trilogues (object themselves of the well-known De Capitani case T-540/15). Thus, the reasoning of the Court allows to make some reflections on the interest of the beneficiaries of the «right of access» to documents, as well the legal consequences of their publication online by a «Third party». Consequently, it leads to argue on the relationship between «administrative transparency» and «right to online access» in the age of digital administration.

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With decision no. 6787 of November 3, 2020, the Council of State recognizes and analyzes the legitimacy of the National Anti-Corruption Authority to act, following the legislative amendment of art. 211 of the Code of public contracts (Legislative Decree no. 56/2017) which introduced paragraphs 1-bis and 1-ter to the aforementioned provision.

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