Issue N.3 of 2017 July / September

Articles

  • Sabino Cassese Judicial Monism and Dualism. History and Perspectives Abstract

    Abstract

    Currently, in some legal systems, the distinction between public law and private law has changed with respect to the past. An important indicator of this phenomenon concerns, in particular, the evolution of judicial dualism, both in binary legal systems and in those systems of unitary law. The analysis shows how developments arising subsequently to the formation of the binary model — that of judicial monism/dualism — have cast much ambiguity and recently, evanescence, upon the distinction between jurisdictional systems. In this regard, the main factors explaining why different legal orders tend to move in the same direction are considered. Upon this perspective, the analysis also considers the further and expanding variable of judicial cooperation in the European area.

  • Matteo Falcone Big Data and Public Administrations: New Perspectives for the Public Cognitive Function Abstract

    Abstract

    The big data phenomenon, which originated in the private sector, is also progressively expanding to the public sector and public authorities. Big data are a set of data with specific characteristics that are changing the culture surrounding data, and the methods for and needs behind the collection, storage and processing of data, in particular of public nature. This paper aims to make a first contribution to the study of the big data phenomenon in the public sector, starting with some reflections on the public cognitive function. In addition to examining the risks arising from the use of big data — risks long highlighted by many scholars, in particular concerning the confidentiality of personal data and competition in specific markets, such as the digital market — it is also useful to reflect on the effects (which are not entirely negative) of the cognitive performance of public administrations and the organization and management of public data. Big data and their use in administrative proce- dures can significantly change many aspects of the cognitive function of the public administration: the characteristics of procedural investigations; the relationship between the decision and the investigation stage; the system of procedural safeguards; but also the regulation of the quality of public data and the objectives of the integration policies of large public databases.

  • Vittoria Berlingò «Datafication» and its Juridification Abstract

    Abstract

    The paper starts with a presentation of the emergence of «axiological» peripheries (also) on the Internet, such as that of cloud computing. The paper, through an examination of specific areas of datafication and related rules and studies, then analyses the problems and possible solutions arising for legal systems, which are more suitable to a «connected» configuration. In this perspective, it proposes a coordination between the various actors involved in the process of promoting the most peripheral interests, which, condensing at a global or cloud level, must identify with objective legal values or universal and «universalizable» human rights, rather than with those that are attributable exclusively to subjective (individual) realities and/or those of policy, sectoral or territorial representatives.

Historical Studies

  • Bruno Settis Massimo Severo Giannini on the Modern State: An Unpublished Conference of January 1954 Abstract

    Abstract

    In January 1954, Massimo Severo Giannini delivered a lecture on Reflections upon the modern State at the Centre for political and administrative education directed by Gino Giugni (among whose private papers, at the Pietro Nenni Foundation, the typescript was found). Starting from a historical- sociological critique of the recurrent notion of the «crisis of the State», the lecture closes with a discussion of the Constitution of the Italian Republic and the difficulties encountered in its implementation. Ultimately, the lecture can be thought of as a part of Giannini’s reflections upon the historical develop- ment of the State from a single-class and oligarchical nature to the multi-class and democratic structure. The introductory note provides background information on the brief history of Giugni’s Centre, as well as a short outline of the debate on the «crisis of the State» and of Giannini’s sources, studies, and political context.

Ricerca e didattica

  • Joseph H.H. Weiler Advice to Young Researchers Abstract

    Abstract

    Young researchers at the beginning of their academic career have to overcome some challenges. They have to devote themselves to study without ignoring teaching as part of their academic duties. They should pay attention to the quality of their research, selecting carefully the subjects to study. They have to be effective and brilliant to the conferences and workshops where they can discuss publicly their ideas. They should create a strong relationship with their students. There are common mistakes that young researchers make at the beginning of their career. Both are due to lack of experience and care or to burdens and obligations fixed by the academia. In those cases, it is possible to take some measures and adopt some strategies in order to avoid them.

Reviews

  • Francesco Marone The Italian Anticorruption Authority’s Guidelines in the System of Law Sources Abstract

    Abstract

    The article focuses on the regulatory activity of the Autorità Nazionale Anticorruzione (ANAC) following the entry into force of the new Public Contracts Code, with particular reference to the guidelines established for the implementation of the Code and their placement within the system of sources. The article first questions the correctness of framing the guidelines within the so-called soft law, and then focuses on the characterization of the «binding» guidelines as normative acts or administrative acts, also considering those guidelines that have already been published.

  • Donato Vese The «Term» of Administrative Procedure: Economic Analysis and Protection of Citizens Abstract

    Abstract

    The institute of the term — from which results a temporal relation between private individuals and the public administration — can affect socio-economic relations when it subjects the administration to a predetermi- ned time limit (however fixed in its upper limit) that serves to give «temporal certainty» to the private parties that intend to begin activities in the public domain. It is in this sense that the quantitative dimension of the duration in time of the administrative action can be considered as a qualitative compo- nent; that is, the moment in which it achieves the effective and timely realization of the citizens’ and the community’s interests. The thesis founding this paper, insofar as it offers an interpretation of the provisions regulating the relationship between the administration and citizens, aims to demonstrate how the interaction between the certainty/timeliness temporal poles of administrative action — which necessarily and continually requires a comparison of the various interests involved — can only be resolved with the congruity of the time of action; that is, in the identification of the appropriate or correct time at which every procedure must be done. Similarly, the development of the dialectical relationship between citizens and the administration requires certain and stable rules to guarantee the same tem- poral congruity of administrative action.

Bibliographic review

SABINO CASSESE: Oscar Gaspari on The League of Autonomies and the History of Local Government
BERNARDO GIORGIO MATTARELLA: Carlo Mosca; Bruno Frattasi; Leopoldo Falco; Marco Valentini on Prefects and Security

SAVERIO GENTILE: Barbara Pezzini and Stefano Rossi on Jurists and the Italian Resistance

BERNARDO GIORGIO MATTARELLA: Marco D’Alberti on the Fighting Corruption

ALDO SANDULLI: Riccardo Ursi on The Seasons of Administrative Efficiency

Brief reviews by Elisa D’Alterio, Luca De Lucia, Rita Perez

News

«The European Union in Crisis»: a Seminar at «Roma Tre» University (Giorgio Mocavini)

A Seminar on Universities and Assessment (Alfredo Marra)

A Workshop on «The Dynamics of Administrative Law» (Eleonora Schneider)

The Council of Europe Convention on Crimes against Cultural Heritage (Felicia Caponigri e Anna Pirri)
The Establishment of the «Parliamentary Commission on Banking and Financial System» (Giuseppe Sciascia)