Fundamental Rights and Freedoms

This paper investigates the further and multiple repercussions of the results of the Research Quality Assessment (VQR), which could affect the freedom of scientific research activity, influencing its methods, object, degree of depth and dissemination channels. The paper will distinguish between effects that affect institutions and departments as a whole, and effects that directly affect the authors of the research products evaluated. The analysis will then focus in particular on the relationship between the results of the VQR and the classification of the A-class scientific journals in Italy, highlighting the potential distorting effects both in terms of greater or lesser accessibility to the A-class journals by contributions from authors who do not participate in the VQR, and in terms of research topics.

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The article explores the concept and the development of academic freedom in Afghanistan since the fall of the Talibans in 2001. It sets out the main dimensions and the scope of academic freedom as a fundamental right, protected by the Afghan Constitution, as well as the challenge of increasing the number of female academics. It also aims to indicate how Afghan policymakers and legislators should take measures to effectively protect and optimize academic freedom.

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Brexit represents a meaningful change within the legal and political framework of the EU-UK relationship. The current food and water security regulations, as well as the environmental impact assessment standards, could be considered at stake. Thus considered, this paper points out Brexit not just as a mere “breakdown” in the system in order to lower the contemporary established environmental standards. Indeed, potential environmental risks posed by Brexit could be effectively mitigated by applying the principle of non-regression, and simultaneously institutions can move forward adopting greener legal instruments and political actions inter alia creating new environmental governance and maintaining a high level of cooperation with the EU.

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The Covid-19 pandemic has provoked both in Italy and in Germany wide debates among scientists, scholars of multiple disciplines and public opinion. Of course, politics has played a fundamental role in the management of the health emergency: in Italy, “collective” health has been protected through the adoption of a very wide range of regulatory acts of different nature, not always suitable to guarantee a unitary protection. In Germany, the emergency crisis has been (more) successfully managed, with the sole exception of some problems that have emerged in the coordination between the Bund and Länder in the fight against the virus. This work will analyse, from a comparative point of view, the relationship between the legislative power and science in defining policies to combat the health emergency, focusing on the impact of such policies on the academic context.

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In the summer term of 2020, teaching at German universities was shifted to the digital space. In the winter term 2020/21, distance learning will continue at many universities, at least in part, especially for courses with a high number of participants. It is questionable to what extent compulsory digital teaching will interfere with the freedom of teaching and whether digital teaching can be demanded by the faculty management in accordance with fundamental rights in the exceptional situation caused by the pandemic and beyond the crisis.

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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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The 50/2009 directive has created a fast tracking admission system for highly qualified third-countries workers, but after more than ten years from its adoption, it has not led to the expected results. The need of a reform appeared immediately clear. Germany has been the only European State to exploit the potential of the Blue Card. The data analysis shows that a key role was played by the German university system and the ability to attract international students. Most Blue Card owners, in fact, entered the Country with a student visa and later turned it into a different residence permit.

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This paper analyzes the decree n. 634/2020, with which the President of the First Chamber of the Lombardy Regional Administrative Court provisionally suspended the part of the Lombardy regional Ordinance n. 528 in the part in which it authorizes retail trade operators to home delivery any kind of goods, because of its prejudicial effects to workers health.

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Coronavirus uscita diritti fondamentali

The President of the Third Section of the Council of State - by means of the decree no. 2028 of April 17th, 2020 - declared the inadmissibility of the precautionary appeal filed against decree no. 122/2020, according to which the President of the First Section of the Regional Administrative Court of Sardinia did not grant the suspension of the effects of two urgent ordinances issued by the Mayor of Pula (Cagliari) and which impose additional restrictions on the fundamental freedoms of individuals, going beyond those provided for at the national and regional level.

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amministrazione bilanciamento libertà pandemia

With the judgment of 15 April 2020, 1 BvR 828/20, the German Federal Constitutional Court ruled that the municipal administration of the town of Giessen must re-evaluate the request of authorization to hold a demonstration in a public place, presented by a German citizen and already rejected by the same administration, in light of the considerations on the exercise of administrative discretion carried out by the Court itself. According to the Constitutional Judge, in cases such as this, administrative discretion must in fact be exercised primarily in order to protect rights which, otherwise, an administrative provision could compress to the point of making it impossible to exercise.

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