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T.A.R. Lombardia, Milano, Sez. IV, 6 febbraio 2023, n. 311

The economic operator who voluntarily withdraws from a public procurement procedure lacks standing against its acts, as it only carries an interest of mere fact.

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Post author | 22 November 2023 | Not Yet in an issue

T.A.R. Puglia, Lecce, Sez. I, 02 novembre 2023, n. 1224

In the light of the judgment of the CJEU, Comune di Ginosa C-348/22, the Apulian administrative judge (TAR Lecce) points out that the judgments of the Council of State Ad. Plen. 17 and 18/2020 are contradicted by the CJEU as regards the assessment of the natural resource (both as regards jurisdiction, and substance). Therefore, the deadline set by Law 118/2022 at 31 December 2023, scheduling the expiring date for existing State-owned maritime concessions, ceases to be effective due to Law 14/2023, as a subsequent and equal provision.

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Post author | 15 November 2023 | Not Yet in an issue

E-Government and Digitalization

The diffusion of new telematic technologies has generated profound changes in the contractual typologies drawn up by publishers and offered to academic institutions or purchasing centres. These pose significant tax problems due to the need to demarcate between publishing products and the provision of services. Territoriality for VAT purposes makes the matter more complex in relation to "publication services", the subject of new contractual types being adopted, including "compact" contracts of a transformative nature, concerning continuous services of access/use of online databases and scientific journals and the publication of scientific articles on those databases. The novelty and uncertainty of the reference regulatory framework has led publishers and buyer networks to request multiple opinions from the financial administration through the preventive consultation procedure. This essay examines the solutions offered by administrative practice in order to address the tax problems deriving from the new contractual typologies in the field of electronic journals, in particular outlining the applicable regime for VAT purposes.

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The transformation of the Civil Service in Spain

Post author | 2 August 2023 | Not Yet in an issue

In recent years, Public Administrations in Spain has undergone significant evolution, particularly due to the emergence of new public governance models, the concept of administrative citizenship (which pertains to the evolving relationship between citizens and the Administration), and the disruptive impact of technology. However, Spain has yet to adapt its public employment system to effectively address this new situation. Moreover, the complexity is further compounded by the challenge of establishing a dual typology of public employees and the increasing addition of employees to which general labor law norms apply. This paper explores the key issues stemming from this situation and emphasizes the urgent need to address them promptly, in order to facilitate a suitable transformation of the Spanish public employment and civil service system.

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Proactive Justice

Post author | 16 June 2023

The concept of prospective overruling was developed in the United States nearly a century ago as a means to liberate the interpretation of legal norms from the constraint of stare decisis and allow the rule of law to evolve with changing social principles, without compromising legal certainty. Proactive jurisprudence defines this strategy, which is appropriate in our system as long as it is implemented according to the principle of proportionality. Thus, the refusal of judicial interpretation's natural retroactivity must be appropriate, necessary, and sufficient to protect those who relied on established jurisprudence and risk being unfairly (though legally) affected by the unpredictable rule interpretation change.

Publication details

Transparency and open access

This article starts with the question of who publishes academic journals today, then briefly analyses how the range of such journals has changed during the last two decades. The article concludes that investment is necessary to support publishing initiatives of open access diamond journals carried out by members of the academic community in public universities.

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The article highlights how public contracts are a crucial variable for the future of the government administration but at the same time represent a great challenge due to their complexity of the subject and the difficulty of in regulating them it in a simple yet effective way. The text article focuses on the many interests that the public administration has to consider when awarding contracts and how the new procurement Aact tries to combine a more streamlined discipline approach with the pursuit of the objectives of legality and transparency. The difficulty of achieving this goal can be seen is testified byin the recent experience of the UK legal system, which after Brexit is in the process of adopting a reform of public contract law that, despite the declared political intentions, still has many aspects in common with European and continental law.

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European Union

With one year remaining before the 2024 European elections, it is useful to try to appreciate what legacy will be left by the ninth legislature, which on close inspection appears to be truly exceptional. During the current legislature there has been a change in the European Union which has cast light on its capacity to take strong, courageous and highly innovative decisions. Also its ability to impose itself as a determined legislator. The article examines some important aspects in this respect and points to new avenues of research.

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The paper deals with the increased intervention of States in the economy in a historical phase of de-globalisation and changing geopolitical balances. Tensions are arising in the relations between the European Union and the United States as a consequence of the approval of the Inflation Reduction Act in 2022, that encourages productive investments located in the United States, thereby altering competition. The paper dwells on the Italian “golden power” regulation that introduces public control that significantly affects freedom of enterprise. The paper ends with the hope that the increased intervention of the State will not frustrate the achievements of the regulatory State, established since the 1980s in Western countries.

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Fundamental Rights and Freedoms

Section I of the Regional Administrative Court for Umbria in a recent case reaffirms the non-binding nature of the opinion of the national Institute for Environmental Protection and Research on the hunting calendar drafted by the Region under the provisions of law n. 157 of 1992, Rules for the protection of warm-blooded wildlife and for hunting. The ruling provides an opportunity to reflect on the state of legal protection of wild animals at national and EU level, in light of constitutional reform and recent regulatory amendments.

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The contribution deals with the application of the principle of proportionality in the jurisprudence developed by national courts, the Court of Justice and the European Court of Human Rights to sanctions in the context of urban planning and construction. To this end, it first analyses the traditional categories of sanctions as they have been developed by national case-law. Secondly, it evaluates whether and how the principles developed by CJEU and ECHR have led to change.

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