Issue no. 1 - 2012 January / March


The Rise and Decline of the “Imperativeness” of Administrative Acts

  The concept of the “imperativeness” of administrative acts has been of great importance for the development of the scholarship on Italian administrative law of the 20th century. The concept’s ambiguous nature enabled it to perform various different roles and to adapt to the evolution of administrative law. Its importance arises, firstly, in the context

The Principle of Separation between Politics and Administration in Italy

  The principle of separation between policy tasks — entrusted to politics — and managerial functions — assigned to the public administration — was introduced in the Italian administrative system in 1993. Eighteen years later, it appears appropriate to take stock. The original meaning of the principle, as conceived in 1993, was later abandoned by

From the Financial to the Sovereign Debt Crisis: New Trends in Public Law

  The 2008 financial crisis cast doubt on the fundamental assumptions and theories, developed over the last two decades, advocating the retreat of the State and the rise of markets’ dominance over governments. The crisis forced governments to nationalize banks, financial institutions, and other strategic companies. Policies of deregulation nderwent serious attacks and regulatory reforms

The Proliferation of Independent Accountability Mechanisms in the Field of Development Finance

  This article analyzes the development of a new type of accountability mechanism that is proliferating in the field of development finance. Organizations operating in this sector have started to adopt social and environmental policies and procedures seeking to address the local impact of financed projects. Several of these organizations have also established Independent Accountability

The Administrative Law of the Roman Catholic Church. A Comparative Inquiry

  This paper proposes a comparative inquiry on the differences and similarities between two bodies of administrative law: the administrative law of the Roman Catholic Church — an institution that combines elements typical of legal-rational authorities with a number of charismatic and traditional features — and the administrative laws of those States and regulatory systems


Corruption in public procurement

  This essay focuses on a concrete evaluation of Italian public procurement legal rules to highlight the main risks of corruption they may entail. First, the institutional and legal framework is analyzed with regard to both national and international debates on corruption in public procurement. A close examination of a number of preventive solutions is

Book Review

Handbuch Ius Publicum Europaeum, volume IV, Verwaltungsrecht in Europa: Wissenschaft, a cura di A. von Bogdandy, S. Cassese, P. M. Huber, Heidelberg, C.F. Muller, 2011 (Luca De Lucia)
J. Mendes, Participation in EU Rule-Making. A Rights-Based Approach, Oxford, Oxford University Press, 2011 (Edoardo Chiti)
D. Galliani, Il Capo dello Stato e le leggi, Tomo I, Aspetti storici, profili comparatistici, ordinamento italiano, Milano, Giuffrè, 2011; Tomo II, Il concreto svolgimento costituzionale, Milano, Giuffrè, 2011 (Alessandro Basilico)
I servizi sanitari: organizzazione, riforme e sostenibilità. Una prospettiva comparata, a cura di Alessandra Pioggia, Stefano Civitarese Matteucci, Gabriella M. Racca, Marco Dugato, Rimini, Maggioli, 2011 (Alberto Massera)
E. Albanesi, Pareri parlamentari e limiti della legge, Milano, Giuffrè, 2010 (Renzo Dickmann)

News and Recent Events

A new “Traité de droit administratif” (Sabino Cassese)
The UK Open Public Services White Paper (Mariangela Benedetti)
Representing Justice (Davide Ragone)
Justice Thomas’ Silence in the US Supreme Court Hearings (Federico Fabbrini)
On Direct Democracy (Sabino Cassese)
A conference on “Cesure e continuità nelle vicende dello Stato” (Monica Cocconi)
A conference on the relationships between State legal orders and Sports legal orders (Ippolito Piazza)
Research Quality Assessment for years 2004-2010 (Giulio Vesperini)
The Fifth “Corso-Concorso” for access to State Management functions (Bernardo Giorgio Mattarella)