Issue N.3 of 2018 July / September

Simposi

  • Giulio Napolitano The Legal Design of Judicial Review Systems: a Comparative Overview Abstract

    Abstract

    Giulio Napolitano, Eduardo Jordao and Marco D Alberti discuss the topic of judicial review of administrative power. The scholars examine multi- farious aspects, such as the legal design of judicial review systems from a comparative perspective, legal indeterminacy, and the intensity of judicial review of administrative power.

  • EDUARDO JORDÃO Judicial Review in a Context of Legal Indeterminacy Abstract

    Abstract

    Giulio Napolitano, Eduardo Jordao and Marco D Alberti discuss the topic of judicial review of administrative power. The scholars examine multi- farious aspects, such as the legal design of judicial review systems from a comparative perspective, legal indeterminacy, and the intensity of judicial review of administrative power.

  • Marco D'Alberti Intensity of Judicial Review of Administrative Power: Changes and Prospects Abstract

    Abstract

    Giulio Napolitano, Eduardo Jordao and Marco D Alberti discuss the topic of judicial review of administrative power. The scholars examine multi- farious aspects, such as the legal design of judicial review systems from a comparative perspective, legal indeterminacy, and the intensity of judicial review of administrative power.

  • Marta Cartabia English Language and Public Law Studies Abstract

    Abstract

    Marta Cartabia, Marco D Alberti, Matteo Gnes and Edoardo Chiti discuss the book entitled «The (Hegemonic?) Role of the English Language» by Christian Tomuschat. The scholars address the most significant issues raised in this important work, under various points of view.

  • Marco D'Alberti English Language and Administrative Law Abstract

    Abstract

    Marta Cartabia, Marco D Alberti, Matteo Gnes and Edoardo Chiti discuss the book entitled «The (Hegemonic?) Role of the English Language» by Christian Tomuschat. The scholars address the most significant issues raised in this important work, under various points of view.

  • Matteo Gnes English Language and Linguistic Regime in Italian Public Administration Abstract

    Abstract

    Marta Cartabia, Marco D Alberti, Matteo Gnes and Edoardo Chiti discuss the book entitled «The (Hegemonic?) Role of the English Language» by Christian Tomuschat. The scholars address the most significant issues raised in this important work, under various points of view.

  • Edoardo Chiti Beyond International Relations: Global Polity’s Linguistic Regime Abstract

    Abstract

    Marta Cartabia, Marco D Alberti, Matteo Gnes and Edoardo Chiti discuss the book entitled «The (Hegemonic?) Role of the English Language» by Christian Tomuschat. The scholars address the most significant issues raised in this important work, under various points of view.

Articles

  • Stefano Battini Independence and Administration, between National Law and European Law Abstract

    Abstract

    What does independent administration mean? Do European law and national law mean the same thing when they use the term «independence»? Does this concept change meaning according to the context? How? And why?

    This essay addresses these questions by conducting a comparative analysis of the mutual influences between the national and European legal order. First, the national roots of the European concept of independence are emphasized. Second, on the other hand, the European roots of the emergence and growth of the model of independent agencies in the national context are examined. Finally, the influence of the national model — imposed by European law — on the European administrative system itself are illustrated. In particular, the emergence of a «qualified» or «reinforced» concept of independence is noted. Overall, in this complex pathway of mutual influences, the independence of the administrative system in the European context tends to be strengthened.

  • Sara Spuntarelli The Role of the Reference for a Preliminary Ruling to the CJEU in the Administrative Jurisdiction Abstract

    Abstract

    The dialogue between administrative courts and the Court of Justice of the European Union (CJEU) has developed in progressive stages. The exa- mination of recent references for a preliminary ruling indicates a tendency to make a sort of request to check national judgements against European standards. This tendency reached its height with the contestation of the nomophylactic principle enunciated by the Plenary Session of the Council of State, there where it may lead to the establishment of a principle of law that may conflict with the interpretation of EU law. Article 267 of the Treaty on the Functioning of the European Union is a fundamental mechanism of EU law that assures close cooperation between the CJEU and the courts and tribunals of the Member States. However, the means available to the courts and tribunals of Member States to submit to the CJEU a request for a preliminary ruling on the interpretation of EU law imposes, as an effect, conditions upon the national nomophylactic role noted above. In this context, the nomophylactic principle is equated to a national provision, the conformity to EU law of which the national judge requests evaluation; and which, given the premises recognized by CJEU case law, the judge may disapply directly.

Notes

  • Mario Midiri New Technologies and Regulation: the «Uber Case» Abstract

    Abstract

    Technological innovation inevitably makes laws obsolete: today, ice production would certainly not be considered a public service, and yet the item was expressly listed in the unified text of 1925 on the subject. In this process of modernization, courts play a significant role. Called to rule upon the disputes on the digital platform transport service offered by Californian company Uber, European and American courts took different positions: the former were mainly concerned with guaranteeing regulatory powers, while the latter recognized the reasonableness of specific rules for the transportation network companies. In Italy, the inadequacy of the 1992 regulations emerged clearly; the Constitutional Court has called for a reform that takes advantage of the simultaneous process of experimentation that is taking place in nume- rous legal systems.

Bibliographic review

GUIDO MELIS: Francesca NEMORE, L’archivio scomparso. La documentazione per la storia del Ministero delle corporazioni, prefazione di Giovanni Paoloni, Roma, Aracne (Enumera), 2018, 406 p., ISBN: 9788825505580;

FEDERICO SPANICCIATI: Tom NICHOLS, La conoscenza e i suoi nemici, Roma, LUISS University Press, 2017, 235 p., ISBN: 9788861053113.

GUIDO MELIS: Fabio ECCA, Lucri di guerra. Le forniture di armi e munizioni e i “pescecani industriali” in Italia (1914-1922), Roma, Viella, 2017, 288 p., Isbn: 9788867288762;

GIORGIO MOCAVINI: Antonello MATTONE, Storia della facoltà di giurisprudenza dell’Università di Sassari (secoli XVI-XX), Bologna, il Mulino, 2016, 1037 p., ISBN: 9788815266743;

ALFREDO MOLITERNI: Marta INFANTINO ed Eleni ZERVOGIANNI (a cura di), Causation in European Tort Law, Cambridge, Cambridge University Press, 2017, 726 p., ISBN: 9781108418362;

FILIPPO MARIA LONGHI: Simone BENVENUTI, L’europeizzazione dei Parlamenti nazionali. Prospettive dall’Europa centro-orientale (Slovenia, Ungheria, Croazia), Assago, Cedam, 2017. Isbn: 978813367570;

LIVIA LORENZONI: Silvia PELLIZZARI, L’illecito dell’amministrazione: questioni attuali e spunti ricostruttivi alla luce dell’indagine comparata, Napoli, Editoriale scientifica, 2017, 335 p., Isbn: 9788893912426.

Note bibliografiche
A cura di Filippo Maria Longhi, Kostandin Peci, Rita Perez, Andrea Renzi

News

The Italian Section of the «International Society of Public Law» (Elisa D’Alterio)

The XXII Italian-Spanish Congress of Professors of Administrative Law (Claudia Tubertini)

The XVIII Italian-German Colloquium of Public Law (Angela Ferrari Zum- bini and Giacomo Rugge)

A Seminar Meeting on «Normative Disorder» (Francesca Pileggi) A Conference on the Constitution and Budget (Damiano Censi) A Conference on Bureaucracy and Reforms (Luca D’Amico)