Upcoming events

01
OCT
2021

Pre-COP 2021: Aligning Public Administration and Social Activation around Decentralized Local and Global Solutions


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In Milan, and Online. Sala Crociera Alta di Giurisprudenza via Festa del Perdono 7, Milan, Italy

23
SEP
2021

Diritto sanitario alla prova della pandemia


Aula 422, Via Festa del Perdono 7 & piattaforma Microsoft Teams

Latest published

E-Government and Digitalization

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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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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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.

Publication details
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.

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.

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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 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

Distrust in science and the spread of pseudoscientific theories appears to be one of the main factors threatening the freedom of science in modern Western democracies. This article discusses how due to the CoVid-19 pandemic this danger may even increase. In particular, the article highlights how certain behaviours of members of the scientific community may contribute to the spread of anti-scientific attitudes in society. The author analyses which strategies of action, especially within the scientific community, can be used to contrast such a tendency and points out that, regardless of the strategy chosen, the fight against pseudoscience requires a deep reflection on the problem of the “demarcation”, a key issue of the philosophy of science, which has been neglected in recent decades.

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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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