ABSTRACT: In light of both the attempted coup of July and the upcoming constitutional referendum of April, the article analyses the century-long intertwinement between military interventionism and constitutional reformism in the Republic of Turkey: in particular, by investigating the different causes and numerous consequences of this connection, this article aims at outlining not only how the Turkish military has slowly built and then slowly lost its political role but also, more broadly, how this complex process has shaped the Turkish constitutional framework.[ DOWNLOAD PAPER (PDF) ]
Appunti per il Corso di Diritto Comparato dell’Economia – Mario Comba, Riccardo de Caria
Il presente corso riguarda il diritto comparato dell’economia e dunque mette insieme due discipline giuridiche – il diritto comparato ed il diritto dell’economia – che richiedono una loro qualificazione separata prima di poter essere esposte congiuntamente nei paragrafi successivi. Dovremo quindi in primo luogo esaminare cosa si intenda per diritto comparato e poi cosa si intenda per diritto dell’economia, al fine di poter poi affrontare alcuni temi selezionati che rientrano nell’intersezione di questi due settori dell’analisi giuridica.[ DOWNLOAD PAPER (PDF) ]
The German Economic Constitution and the Euro Crisis – Martin Burgi
I. Existence of an economic constitution in the Basic Law? | II. Contents of the Basic Law’s economic legal framework for the sector | Relation to the economic constitution of the European Union | IV. Relation between the economic constitution and the Federal Constitutional Court’s case-law relating to the EU-treaties and the euro crisis[ DOWNLOAD PAPER (PDF) ]
UNIONE EUROPEA: DIVARIO FRA I PRINCIPI E LA GESTIONE POLITICA – Daniele Ciravegna – en
At the basis of the behavior of a subject (and thus also of the evaluation of the same subject) is essential the identification of the final objectives – inspired by the values (ethic principles) of the subject – and to distinguish final objectives from intermediate ones, from operational tools and from bonds.
The EU ethical values and final goals are shown in the Charter of Fundamental Rights of the EU, the Treaty on EU and the Treaty on the Functioning of the EU. Among these, it is that the EU is a social market economy (SME) – a term in itself not clearly identifiable in its content – but that the Article 3 of the Treaty clarifies as “a highly competitive social market economy, aiming at full employment and social progress and a high level of protection. This is the basic requirement for the realization of human dignity, the supreme expression of the “common well-being” of any community.
After a depth analysis of the concept of SME, of the three above-mentioned documents and of the EC document named Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth, is clear that, in the last twenty years, the EU policy management, and even more that of the EMU (Eurozone), have not followed this final objective, but they are mainly related to intermediate goals (such as fiscal consolidation and public finance), which have produced the effect of worsen the economic and social situation (social welfare) of the EU countries, and especially those of the EMU.[ DOWNLOAD PAPER (PDF) ]
Conventions de légalité en Italie : prévention de la corruption dans les marchés publics et compatibilité avec les principes de l’Union européenne – Carol Cravero
Integrity Pacts are a tool for preventing corruption, bribery and fraudulent practices in public procurement. They contain statements and undertakings that all bidders have to submit to. In Italy their inclusion in bidding documents is provided by article 1 paragraph 17 of the law No. 190 of 2012. If one bidder does not submit to it, a sanction of debarment is applied to it. However, it is important to analyse this sanction in the broader context of debarment clauses as provided under European directives (No. 2004/18/CE and the new directive No. 2014/24/EU) as well as in the Italian Code of public contracts for works, services and supplies. The sanction of debarment linked to Integrity Pacts must be interpreted on the basis of European principles. In particularly, the Court of Justice of European Union points out that the principle of proportionality is the cornerstone of any evaluation about the compatibility of this national measure with the European legal system.[ DOWNLOAD PAPER (PDF) ]
La Responsabilità Sociale di Impresa (CSR) nel settore della Green Energy – Paolo Rossi – en
Purpose: CSR is a rather new notion that can be defined as the set of rules by which the company equipped itself in order to ensure compliance with various regulations which must be considered, as well as ethical and environmental standards to be respected in relation to the sector in which it operates. Despite this international definition, it is hard to deal with this notion in a legal perspective. The paper investigates how the notion is operating in the European and Chinese Green Energy Industry.
Methodology/approach: The approach is functionalist and belongs to the method of comparative law.
Practical implications: The insights about the diverse notions of CSR in the Energy Industry can be useful for lawyers and compliance managers working in transnational contexts.
Social implications: CSR represents a way of marketing for consumers and society. Understanding the real functioning in the world of affairs beyond the policy declamations may increase the public accountability of the CSR processes.
European economic governance: challenges for judicial control? – Ornella Porchia
1. The role of the Court of Justice in EMU: a glance at the past. 2. Recent case-law: the beginning of a new season? 3. New international instruments of economic governance: the role of the Court of justice in the ESM Treaty and in the Fiscal Compact. 4. Compatibility with EU law of the Treaties provisions relating to the Court’s jurisdiction. 5. Further developments: towards progressive “jurisdictionalisation” of control over economic policies?
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La proposta di legge catalana sulla competenza in materia di referendum – Lucia Maddaleno
With the Resolution 479/X, the catalan Parliament submitted a bill involving the referendum power and its delegation to the catalan Autonomy itself, in order to make possible a secession referendum. This paper analyses the content of the Resolution in the light of the tensions between central Government and Autonomous Community, suggesting the presence of critical issues concerning the document.
Consumer law and the economic crisis – Cristina Poncibò
The economic and financial crisis is leading to a renewed focus on consumer and investor protection and the new regulatory environment is often characterised by attempts to design innovative regulatory techniques and policy-making approaches both in the EU and the US.
The article point outs two of the most relevant lessons that could be learnt from the economic crisis and it starts by posing two questions. The first question is descriptive: does the current regulatory framework in EU Law profile the ‘real’ consumer? The second question is normative and focuses primarily on consumer contracts: does the informational model, consisting in the mandatory provision of pre-contractual information to the consumer, still represent an adequate tool for consumer protection?
The working paper argues that, first, there is still a gap between the Law and the Science of Consumer Behaviour, so that, in the end, the ‘real’ consumer is not effectively protected. Second and also important the information disclosure strategies adopted in the most recent EU provisions (e.g. Consumer Rights Directive and CESL) are dated and probably ineffective.
Doubtless, in the aftermath the economic crisis, the ‘myth’ of informational consumer protection, mostly based on information disclosure, has been seriously challenged: policy-makers are now called to reform their strategies.