Issue no. 2 - 2013 April / June


The Contribution of Joseph H.H. Weiler to EU Law Scholarship

The article focuses on Joseph H.H. Weiler’s contribution to the study of EU institutions and their development. Weiler has always sought to enhance the peculiar nature of the European construct and its authentic constitutional dimension, objecting to the narrow interpretations offered by the science of international law. At the same time, he has strongly criticized

Administrative Remedies in the EU after the Lisbon Treaty

This article aims to offer an overview of the principal administrative remedies available against the European administration and to illustrate the impact exercised on these by the new Treaty. In particular, three types of administrative remedies governed by secondary legislation are presented: those relating to internal review, those decided by independent commissions instituted within European

The System of Prison Administration in Italy

The prison administration (prison service) system is very ancient and complex. It comprises hundreds of facilities (considering central offices and peripheral joints), is regulated by more than five hundred normative measures, has over forty thousand operators – including those outside the administration system proper – that perform particularly heterogeneous activities (of social, health, cultural, managerial,

Historical Studies

The State and the People in Italian History

The article examines the relations between the State and the People in Italy since the establishment of the Italian State in the 19th century. The analysis deals with two main issues: electoral legislation, because this determines who can be selected as political leaders, and how; and the regulation of freedom of association, which sets the


The Charter of Nice and Domestic Constitutional Courts: What Perspectives?

In an important judgment handed down in March 2012, the Constitutional Court of Austria began to use the EU Charter of Fundamental Rights as a standard of review in constitutional adjudication. This essay analyzes the attitudes of national constitutional courts towards the Charter, in a comparative perspective. In particular, it inquires as to whether the


The Escape from Administration: the Rise and Fall of Technical Experts in the History of Italian Administration

The slow involution of the State’s technical administrative bodies, leading actors in the construction of unified Italy, then inexorably pushed to the margins by the “inevitable rise” of law school graduates. The decisive moment occurred during the age of Giolitti, coinciding with the definitive hegemony of the administrative law school led by Orlando over the

Technical Bodies in Administration: Contemporary Problems

This article deals with the role and quality of technical and specialized competences in Public Administrations, focusing on two different aspects. On one hand, it analyzes the current configuration of traditional technical bodies. On the other, it examines the contextual modifications and organizational innovations that enhanced the development of new technical bodies in Public Administrations.


Statistical Analysis of Liability for Damage Caused to the Public Administration

The article analyzes the findings of a research project on judgments issued by the Italian Court of Auditors regarding liability for damage caused to the Public Administration. The creation of a database of the Court of Auditors’ decisions has contributed to the understanding of both how the institution functions and the approach it adopts in

Book Review

Jerry L. Mashaw, Creating the Administrative Constitution. The Lost One Hundred Years of American Administrative Law, New Haven, Yale University Press, 2012 (recensione di Sabino Cassese e Marco D’Alberti);
Jahrbuch des öffentlichen Rechts, Jahrbuch des öffentlichen rechts der gegenwart, Neue folge, a cura di Peter Häberle, V, Band 59, 714 p., Tübingen, Mohr Sieebeck, 2011 (recensione di Gianluca Cosmelli);
Weimar e il problema politico-costituzionale italiano, a cura di Fulco Lanchester e Francesco Brancaccio,Milano, Giuffrè, 2012 (recensione di Andrea De Petris);
Giovanni D’Alessandro, La nullità della legge. Percorsi della cultura giuridica italiana del Novecento, Editoriale Scientifica, Napoli, 2012 (recensione di Cesare Pinelli);
Le evoluzioni della legislazione elettorale «di contorno» in Europa, Atti del III Colloquio italo-polacco sulle trasformazioni istituzionali, a cura di Gian Candido De Martin, Zbigniew Witkowski, Piero Gambale, Elena Griglio, Padova, Cedam, 2011 (recensione di Domenico Siclari);
Riparare, risarcire, ricordare: un dialogo tra storici e giuristi, Napoli, Editoriale scientifica, 2012 (recensione di Fernando Venturini);
Ministero dell’economia e delle finanze-Dipartimento della Ragioneria generale
dello Stato, Rapporto sulla spesa delle Amministrazioni centrali dello Stato, Roma, 2012 (recensione di Matteo Gnes)