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Latest published

E-Government and Digitalization

Within the development of artificial intelligence, a first sanding role is played by autonomous vehicles; these are supposed to revolutionize transports, with material economical, industrial and even social consequences. Several juridical issues are involved in this process, with particular reference to the allocation of liability, in order to provide a sufficient level of legal protection to the relevant interests at stake. This essay intends to focus the potential criminal risk related to programming, manufacturing and manning this kind of vehicles.

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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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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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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

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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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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.

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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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European Union

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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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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Fundamental Rights and Freedoms

The Council of state refused the appeal against the judgement of the T.A.R. Lazio, which denied a protective order for suspension of the mandatory use of so-called Green Pass, in order to exercise certain activities as introduced by the Decree of the President of the Council of Ministers of 17th June 2021. The decision stresses the importance of the vaccination as one of the UE measures for citizens’ health protection, as well as the evaluation of a real or a merely potential risk of security in processing of sensitive data, or in ensuring right to privacy and non-discrimination.

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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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