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) ]
Tag: European and Comparative Law Issues
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) ]
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 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.
Prospettive per l’Inclusione dei Cittadini di Paesi Terzi nell’Unione Europea. Alcune Tendenze Contrastanti tra Cittadinanza dell’Unione e Cittadinanza Nazionale – Francesca Strumia
This article explores the way in which rules on national citizenship and rights connected to Union citizenship, respectively, contribute to affect the status of third country nationals in the European Union, and their prospects for inclusion. In particular it looks at how the rights of third country nationals are treated in relevant cases on European citizenship decided by the Court of Justice of the European Union (CJEU), and it considers recent reforms in nationality legislation in a selection of member States. The article highlights two contrasting trends, respectively, in EU case law on the relation between Union citizenship, nationality and the rights of third country nationals, and in recent member States’ legislation on admission of immigrants and access to nationality. CJEU holdings encourage the application of objective criteria for deciding on inclusion within, and exclusion from, the legal space of the member States, and tend to identify an autonomous space of inclusion and exclusion, regardless of nationality, around Union citizenship. The result is a subtle pressure towards the ripening of a Europe-wide notion of belonging. National legislation, on the other hand, leaves a measure of discretion to national authorities entrusted with deciding on inclusion and exclusion, and confirms the monopoly of the nation in inclusion and exclusion decisions. The result is a pressure to close the member States’ membership spaces around their respective individual concepts of belonging. These opposing trends reveal a dissonance between the role of Union citizenship and that of national citizenship, when it comes to the prospects of inclusion of third country nationals. Composing this dissonance requires reconsidering the weight and scope of legal categories relevant to inclusion, such as citizenship, residence, and presence.