Fundamental Rights and Freedoms

In order to address the relationship between e-democracy, technique and politics, the meaning of each term must be identified. E-democracy only partly carries with it the essential core of the notion of democracy. Technique is the environment within which e-democracy unfolds. Its purpose is to appropriate technology. Politics are sets of particular aims at which the organised action of groups of individuals and interests tends. There are irreconcilable contradictions between e-democracy, technique and politics; and obvious dangers of e-democracy seen in the interactions between the three. These include manipulation of individuals; stratification between web users; exclusion of 'unable' users; the illusion of the spread of higher rates of democracy.

Read More

This contribution outlines the provision of preliminary assistance in administration as seen in recent legislation and case law. First, the key elements of preliminary assistance are described. Then, the analysis addresses the jurisprudential orientations related to its application in the context of digitalized administrative action. The authors propose that, on the one hand, preliminary assistance is an essential means of overcoming technological problems and the digital divide between citizens and government administration, and, on the other, it is a tool for implementing the principles of simplification by helping to reduce the burdens on private individuals who participate in the administrative procedure.

Read More

This contribution analyses two different approaches in responding to the pandemic emergency. The author focuses on the 'Pandemic Law' adopted by Belgium to ensure a comprehensive legal framework for administrative action against the pandemic. He then analyses the creation of a new administrative authority within the European Union.

Read More

As part of CERIDAP's "Book Forum" initiative, a study meeting to present the book "L’intervento pubblico di contrasto della povertà"(Editoriale Scientifica, Naples, 2021), written by Prof. Claudio Franchini, was held on 27th of January 2022. The contribution aims to review the interventions of the meeting.

Read More

In a recent judgement, the administrative court of Lazio has annulled the circular of the Ministry of Health concerning the domestic management of Covid-19 patients. It has in fact argued that the binding nature of the circular undermines the possibility of the physicians to freely select the most suitable therapy for the patient. The Council of State has a different opinion and, reforming the judgment of the TAR, has also ruled on the complex issue related to the relationship between the standardization of care and autonomy of the physicians. This contribution offers an overview on the rulings of the administrative courts on this topic and then focuses on a short analysis of the second instance judgment.

Read More

The essay singles out the problematic profiles of the decision by which the Consiglio di Giustizia amministrativa per la Regione siciliana ordered a preliminary investigation, before evaluating the existence of the non-manifest unfoundedness of the question of constitutional legitimacy raised by the appellant relating the Covid-19 vaccine mandates.

Read More

With Regulation (EU) 2021/953, a common framework for an EU Digital COVID certificate was established to facilitate free movement between member States during the current pandemic, guaranteeing minimum health safety conditions. The new mechanism testifies (among other things) to a process that has been underway for some years, in relation to which administrative cooperation, as an instrument for governing the single market and a driving force for European integration, can only be based on the use of new technologies, which now constitute an essential element.

Read More

This contribution aims to outline the changes in the perception of the risk of liability by the health workers through the critical analysis of the most recent regulatory interventions and jurisprudential guidelines. More specifically, and examining the structure of the offenses, the reflections concern the criminal liability of doctors, the civil liabilities of doctors and health facilities, the consequent fiscal liability.

Read More

The contribution analyses, in the context of the relationship between State and market, the so-called "golden power". Through an in-depth analysis both historical and of the regulatory framework, the author identifies its origins, its procedural, organizational and control modalities, as well as the prerequisites for its compatibility with the European legal system.

Read More

The contribution addresses the issue of access to justice, in the perspective of the sustainable development goal 16 of the United Nations. After a brief analysis of the territorial organization of Italian administrative justice, the author focuses on the innovations of the electronic administrative trial to assess to what extent it has facilitated access to justice. The contribution therefore evaluates what limits still exist in the electronic administrative trial in the perspective of reducing distances and, on the basis of these considerations, makes some proposals to mitigate the problem of excessive length of the trials.

Read More