Issue N.4 of 2016 October / December

Simposi

  • Aldo Sandulli, Luigi Capogrossi Colognesi, Massimo Luciani Max Weber’s «Economy and Society. Law», by Werner Gephart and Siegfried Hermes Abstract

    Abstract

    Aldo Sandulli, Luigi Capogrossi Colognesi and Massimo Luciani discuss the book entitled «Economy and Society. Law» by Max Weber, edited by Werner Gephart and Siegfried Hermes. The scholars address the most signi- ficant issues raised in this important work, under different points of view.

  • Gaetano Silvestri, Massimo Luciani, Beniamino Caravita «The Longest Presidency», by Vincenzo Lippolis and Giulio M. Salerno Abstract

    Abstract

    Gaetano Silvestri, Massimo Luciani and Beniamino Caravita discuss the book entitled «The Longest Presidency. The powers of the President and the Constitution», written by Vincenzo Lippolis and Giulio M. Salerno. The scholars address the most significant issues raised in this important work, in relation to the main features, the contribution to the unity of the legal system, and the legacies of the long Napolitano Presidency.

Articles

  • Sabino Cassese On the Spread of Constitutional Justice around the World. New Paradigms for Legal Comparison Abstract

    Abstract

    Constitutional justice was born in the national context, in the United States two centuries ago (Marbury v. Madison, 1803) and in Austria a hundred years later («Oktoberverfassung», 1920). From there, it became a universal institution, applied in 164 countries of the world. Its origins are connected with a lack of confidence in democracy and the need for an oppositional force to keep it under control. Within the various national contexts, constitutional justice has assumed different characteristics, all the while retaining its original and uniform nature. On this basis, significant reflections can be made on the method and the paradigms of comparative law and, in particular, on the necessarily comparative nature of legal culture, which should not compare principles, but rather the ways in which these adapt to the different national legal orders.

  • Elisa D'Alterio Public Finances and Administration: «Controls» and «Bollino» of the Financial Administration Abstract

    Abstract

    Few activities such as the «bollinatura» are covered with such a thick cloak of obscurity. Everyone knows that bollinatura exists; however, hardly anyone knows what it is. The aim of this article is – in addition to reconstruc- ting and analysing this peculiar legal topic – to demonstrate how this activity sheds light on a very important function performed by the financial authori- ties, by connecting to a broader aim of «financial protection» of the admini- strative system, an aim which has intensified over time.

    For this purpose, the article analyses the historical evolution of bollina- tura, continues with the reconstruction of its structural features, further explores the legal classification of this activity and, finally, examines the general aim that characterizes it within the administrative system. In the light of the latest developments, some concluding remarks are then made.

Notes

  • Leonida Tedoldi The Prime Minister: an «Undefined» Position in the Italian Democratic State between the 1950s and 1980s Abstract

    Abstract

    This essay focuses on a single topic with, however, several facets: what are the historical and political reasons for the constitutional weakness of the Prime Minister, the Presidente del Consiglio dei Ministri, within such a precarious form of government? Why did this position remain devoid of strong constitutional powers?

    This «anomaly» is unique in Europe. This «weakness» has always allowed for a dynamic, pragmatic, highly political and strategic interpretation of the Prime Minister’s role within the government, such to achieve a strong political and institutional leadership form that is (probably) limited only by the President of the Republic.

  • Fabrizio Di Mascio Transparency Taken Seriously: the Rules on Publication in the American Legal Order Abstract

    Abstract

    The article analyzes the introduction and implementation of federal spen- ding transparency in the USA over the last decade (2006-2016). It uncovers the learning process focusing the implementation of transparency not only on the mere availability of existing information but also on information quality ensured by standardized datasets. In the concluding remarks the case of the USA is compared with the Italian one where only recently reformers have tackled the complexity of open government dynamics by mandating the disclosure of da- tasets to sustain the implementation of transparency obligations.

Reviews

  • Matteo Gnes, Edoardo Chiti 2015 European Chronicles Abstract

    Abstract

    The 2015 European Chronicles open with a short summary of the major political, economic and institutional events of the year. The main developments of the European integration process are then analysed. These developments are examined through the conclusions adopted by the meetings of the European Council, as well through the main EU legislative acts and actions. Next, the Chronicles synthesize the most significant institutional and legal news, the re- lationships between the citizens and EU institutions, and the main evolutions that have occurred in the economic and monetary union. In the central part of the text, the authors present the developments arising in the context of the regulatory functions (internal market, electronic communications, competition, State aid, social policy, health and consumer protection, environmental pro- tection), which have been remarkable in 2015, as well as those concerning the distributive functions (common agriculture policy, research and technology, education and culture). The EU’s financial programming and budget are also briefly examined. The 2015 European Chronicles end with an analysis of the developments in the area of Freedom, Security and Justice, in the external relations of the Union and in the field of the Common Foreign and Security Policy.

Bibliographic review

Jens-Hinrich BINDER e Christos V. GORTSOS, The European Banking Union. A Compendium, Oxford, Baden-Baden, Beck, 2016, 368 p., ISBN: 9781509904532 e 9783848724017. (Rita Perez)

Sabino CASSESE (a cura di), Research Handbook on Global Administrative Law, Cheltenham, Edward Elgar, 2016, 595 p., ISBN: 9781783478453. (Giulio Napolitano)

Gianluca SGUEO, Beyond Networks – Interlocutory Coalitions, the European and Global Legal Orders, Switzerland, Springer, 2016, 192 p., ISBN: 9783319288758. (Edoardo Chiti)

Paolo POMBENI, La questione costituzionale in Italia, Bologna, il Mulino, 2016, 376 p., ISBN: 9788815264329. (Sabino Cassese)

Carlo MOSCA, Il prefetto e l’unità nazionale, Napoli, Editoriale scientifica, 2016, 464 p., ISBN: 9788863428889. (Bernardo Giorgio Mattarella)

Angela FERRARI ZUMBINI, La regolazione amministrativa del contratto. Atti amministrativi conformativi dell’autonomia negoziale, Torino, Giappi- chelli, 2016, 366 p., ISBN: 9788892102262. (Aldo Sandulli)

Carlo FOCARELLI, Privacy. Proteggere i diritti fondamentali oggi, Bologna, il Mulino, 2015, 208, ISBN: 9788815259370. (Bruno Carotti)

Note bibliografiche

A cura di Edoardo Chiti, Rita Perez, Giulio Vesperini

News

A Seminar on «The Knots of the Public Administration» (Maurizia De Bellis)

The Icon-S Seminar on «Borders, Otherness and Public Law» (Elisabetta Morlino)

The Annual Aipda Conference on «Antidotes to Maladministration» (Nicola Posteraro)