Publications

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

Starting the analysis from the question about what role the Administration should have in the provision of digital services, the book theorizes a legal model aimed at overcoming the alternative between internalization and outsourcing, to allow for stronger collaboration between the public and private sectors in this sector as well.

Publication details

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
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
Galetta - Diritto amministrativo unione europea

Second edition of the volume "Administrative Law in the European Union", edited by Diana Urania Galetta, with contributions by Stefano d'Ancona, Francesca Roncarolo, Leonardo Baroni, Paolo Provenzano, Gherardo Carullo, Massimo Giavazzi and Alessia Monica.

Publication details