- Sabino Cassese Judicial Monism and Dualism. History and Perspectives 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
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
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.