Upcoming events

13
OCT
2022

La tutela dell’ambiente fra riforma costituzionale e codice dell’ambiente


Register

Sala seminari del dipartimento di diritto pubblico italiano e sovranazionale, Via Festa del Perdono 7 & piattaforma Microsoft Teams

Latest published

E-Government and Digitalization

In order to address the relationship between e-democracy, technique and politics, the meaning of each term must be identified. E-democracy only partly carries with it the essential core of the notion of democracy. Technique is the environment within which e-democracy unfolds. Its purpose is to appropriate technology. Politics are sets of particular aims at which the organised action of groups of individuals and interests tends. There are irreconcilable contradictions between e-democracy, technique and politics; and obvious dangers of e-democracy seen in the interactions between the three. These include manipulation of individuals; stratification between web users; exclusion of 'unable' users; the illusion of the spread of higher rates of democracy.

Read More

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.

Read More

In recent years, Artificial Intelligence (AI) applications based on big data have sparked a huge debate among lawyers. The debate has focused on how new interactions mediated by data-driven AI affect different legal principles, challenge existing rules, and require changes in the legal framework. Many traditional fields of law were covered: data protection law, consumer protection law, intellectual property law, etc. This article provides an overview of the challenges and opportunities that lie at the intersection of AI applications and the domain of taxation and tax law. In the first part, the paper examines how current AI-powered economic models reshape the traditional value chain and influence legal concepts in direct and indirect taxation. The second part discusses how AI is applied in different areas of voluntary tax compliance and tax administrations' controls, and how these developments generate new challenges for (tax) law.

Read More

Publications

The volume investigates the interactions prompted by the effet utile of EU rules on the administrative trial, when a national administrative act of indirect administration or intertwined administration is involved

Publication details
Copertina libro Le Regioni alla prova della pandemia da COVID-19.

The volumes analyze the measures adopted by the Regions and Autonomous Provinces of Trento and Bolzano to deal with the pandemic caused by the SARS-CoV-2 virus - also known as COVID-19 (acronym for COronaVIrus Disease 19) - from the beginning of the health crisis to the end of September 2020.

Publication details

Transparency and Anti-Corruption

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.

Read More

Since 2009, Italian local authorities – and, more broadly, Italian public administrations – have faced a progressive increase of transparency obligations with regard to the publication of administrative documents on institutional websites as well as concerning their internal organization and activities. Prompted by an Italian privacy authority’s sanction based on the illicit online treatment of personal information, this paper analyses the correlation between the quantity of these obligations as well as the correct compliance thereof, and employees’ level of ICT training. The percentage and the characteristics of the employees that have acquired an adequate ICT training – with a particular reference to their age – represent a clear provisional indicator of their capability of complying with the obligations of publication and transparency without violating the privacy rights of the documents’ subjects and whose information is being published online.

Read More

European Union

The advent of Uber distorts traditional legal categories and requires a rethinking of the paradigms of public intervention in the economy. This contribution analyses and compares the regulatory interventions of the Uber phenomenon, through a comparative reading of US and European systems. This contribution considers the broader regulatory perspective of the 'sharing economy' category which operates in highly regulated sectors and is often dominated by operators inspired by strong corporate values.

Read More

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.

Read More

Fundamental Rights and Freedoms

This paper focuses on the topic of environmental remediation in the case of bankruptcy or judicial liquidation of an entrepreneur, in light of the most recent legislation and case law. After going over the jurisprudential debate that has developed on the issue, the Italian Council of State, with its judgment (Plenary) no. 3/2021, stated that the presence of waste on an industrial site and the position of the keeper of the site (a position which the bankruptcy trustee would acquire at the time of the declaration of bankruptcy or following judicial liquidation), would root the “legitimatio ad causam” of the trustee. In light of Constitutional Law Feb. 11, 2022, No. 1, constitutional dignity was granted to the environment, further developing the law in this area, especially in the context of the provisions laid down in the Bankruptcy Law.

Read More

This 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.

Read More