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E-Government and Digitalization

The essential points of the reasoning developed in this article are: Covid-19 has brought to the fore the role played by the administration as a bridge in the (conflictual) confrontation between the power of science and political power; the health emergency has cast light on the importance of the functioning of parliamentary institutions for the defence of democracy because the executive branch (objectively) gets the upper hand. The administration of the European Parliament is a very interesting case study in this respect because it has succeeded in coping with the emergency thanks to several factors; EPA implemented a programme of structural digitisation of the European Parliament in recent years. Finally, EPA worked for activating an administrative capacity to manage the “unprecedented measures” that had to be adopted: this capacity was achieved by carrying out the actions within the strict framework of the governance of the European Parliament and under its permanent scrutiny.

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Semaforo

In light of the numerous restrictive measures adopted in Italy, as in many other countries, to contain the SARS-CoV-2 epidemic, the authors examine the terms with which the use of the “App Immuni” could be qualified as a legitimate condition for carrying out activities at risk of infection. Digital contact tracing could give greater effectiveness to the measures taken to contain the epidemic and, therefore, lead to a better calibration of the limitations to personal freedoms. In this perspective, the authors’ attention is focused on analyzing the functioning of the app Immuni, especially in view of protecting personal data and in light of the analysis of the relevant European standards, also analyzed through the prism of the principle of proportionality.

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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.

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Publications

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.

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Il Diritto dell'Amministrazione Pubblica Digitale

The volume, through the analysis carried out by the authors of the individual chapters, aims to accompany the reader in identifying and interpreting the countless provisions governing digital public administration and to highlight and emphasize how good administration presupposes a level of knowledge by public bodies of great precision and attention to the facts.

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Transparency and Anti-Corruption

Article 6bis of Law no. 241/1990 governs the conflict of interest in exercising administrative power; however, this legal rule does not provide a definition of “procedural conflict of interest” and it does not define the nature of the procedure requiring the public servant to abstain. The present study analyses the doctrinal and jurisprudential orientations formed with regard to the aforementioned notion and attempts to identify the application area of the institute.

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diffusione virus velocità

During the Covid emergency, the importance of the collection of quality public data, their re-elaboration for information purposes and their timely dissemination emerged . This contribution analyzes the judicial actions promoted by Codacons in order to solicit the release of data, and so, in particular, the presidential decrees nos. 2299/2020 and 2346/2020 of the T.A.R. Lazio and n. 01841/2020 of the Council of State.

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European Union

The ecological damage



Post author | 17 May 2021 | Issue 2/2021

The paper, starting from the exam of the environmental damage and its economic relevance according to damaged environmental functions, aims to analyze the subcategory of ecological prejudice as it is governed within the French legislation. The ecological prejudice, which could be subjective if it concerns the human being – both as an individual and as community – or objective if it damages nature, raises relevant questions about how damage could be repaired. Moving from the “Erika” case, in which for the first time the existence of “pure ecological prejudice” has been recognized, the paper analyses the regulatory developments of ecological prejudice from the transposition of the Directive 2004/35 into French legislation until the Law of 2016 on the reconquest of biodiversity. Finally, with brief references regarding the solutions adopted in other national legislations, it is outlined, trying to stress out the most controversial aspects, the three forms of redress introduced by the 2016 Law: primary, complementary and compensatory.

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The article outlines the European Central Bank’s (ECB) communication characteristics since its foundation, with specific attention to the activities carried out during Mario Draghi’s presidency, from 2011 to 2019. Starting from some historical notes on central bank communication, are examined the reasons, degrees and possible problems. The subjects who are in charge of communication are then outlined, "who communicates", and the contents that are conveyed, "what is communicated", as well as the effects of communication and its relationship with the issues of transparency and accountability. With regard specifically to the European Central Bank, an in-depth analysis is also offered on the communication in Annual Reports from 1998 to 2019. Finally, some deductions are outlined about Draghi’s Government communication.

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Fundamental Rights and Freedoms

The ongoing issuing of regulations in order to face the emergency stemming from the pandemic represents an interesting test to verify the integrity of our traditional system of protection of general interests. This system consists in the combination of general law, abstract and durable over time, on the one hand, and typical and punctual administrative provision, on the other. The orders of necessity and urgency are highly symbolic and emblematic, because they show a problematic relationship between law and power. The technique of using general principles (such as the principle of sincere cooperation, the principle of state supremacy, the principle of subsidiarity, the principle of reasonableness, the principle of proportionality, the precautionary principle and the principle of solidarity) must be refined in order to strike a balance between the rule and the exception. The excesses - of centralism, regionalism, authoritarianism and individualism - are always dangerous.

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The aim of this article is to analyse some questions concerning the relationship between the policy of the European Union in the Higher education and the profound changes taking place in the Italian university system.

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