Symposium
Le origini antiche e i problemi attuali del diritto amministrativo inglese: da late comer a modello?
«UK, EU and Global Administrative Law. Foundations and Challenges», by Paul Craig Giulio Napolitano, Barbara Marchetti and Lorenzo Casini discuss the book entitled «UK, EU and Global Administrative Law. Foundations and Challenges», by Paul Craig. The discussion addresses the most significant issues raised in this important work, having particular regard to the origins of
Genesi e questioni aperte del diritto amministrativo dell’Unione europea
«UK, EU and Global Administrative Law. Foundations and Challenges», by Paul Craig Giulio Napolitano, Barbara Marchetti and Lorenzo Casini discuss the book entitled «UK, EU and Global Administrative Law. Foundations and Challenges», by Paul Craig. The discussion addresses the most significant issues raised in this important work, having particular regard to the origins of
«I Cannot Command Winds and Weather»: uno sguardo inglese sul diritto amministrativo globale
«UK, EU and Global Administrative Law. Foundations and Challenges», by Paul Craig Giulio Napolitano, Barbara Marchetti and Lorenzo Casini discuss the book entitled «UK, EU and Global Administrative Law. Foundations and Challenges», by Paul Craig. The discussion addresses the most significant issues raised in this important work, having particular regard to the origins of
Articles
State in Transformation
The three main features of the national state (borders, citizenship and sovereignty) are changing. In particular, territory and borders are weakened; national communities are increasingly composed of non-citizens; and State sovereignty is shared, because the state powers are redefined, divided, reallocated, and responsibilities are shared. These developments entail a redefinition of the State and
On the Codification and Modernization of Administrative Law
This article analyses the current process of modernization of administrative law and examines whether, and to what extent, the absence of codification has affected its development. In the first part, codification is considered as an instrument of legal rationality and a guarantee of individual rights; in addition, the possible reasons for the specialty of
Models of Coordination of Banking Supervision
The Single Supervisory Mechanism transferred to the European Central Bank (ECB) powers of prudential supervision over the main credit institutions operating in the Eurozone. However, the end of State monopoly over such supervision did not also end intervention by national authorities. Rather, this interventions has simply changed form. Today, the effort to coordinate with
Integrated Cultural Heritage Enhancement
Activities to enhance cultural heritage are physiologically compatible with the patterns of consensual action. The «Code of Cultural Heritage and Landscape» establishes specific rules on agreements, placing the interaction between public administration bodies and between public and private entities at the centre of the enhancement system. However, this legislation is partly unimplemented or misinterpreted. This
Notes
The Ongoing Constitutional and Administrative Reforms in Italy
This text examines some important reforms currently under way: the constitutional reform, approved by Parliament in January 2016, which will be submitted to a popular referendum later in the year; the electoral law for the Chamber of Deputies, approved a few months earlier; and the reform of the administrative system, which is now being
Discretionality and Accountability of U.S. Agencies
In Michigan et al. v. Environmental Protection Agency (EPA) and Perez, Secretary of Labor v. Mortgage Bankers Association (MBA), the US Supreme Court dealt with concerned two specific issues. The first was whether and to what extent administrative agencies should account for costs when engaging in environmental regulation. As for the second, it sought
Review
Cross-border Healthcare in Italy and Reimbursement of Costs
Until 2011, the right to cross-border healthcare was regulated by Regulation no. 883/2004/EC; however, the measure generated significant problems as to the application and interpretation of its provisions. For these reasons, the EU legislator adopted Directive 24/2011/EU, implemented in the Italian legal system by means of Legislative Decree no. 38 of 4 March 2014.
Foreign Experience
Transformations of Administrative Law in England: The «New» Administrative Tribunals
Running against the historical aversion to a State of droit administratif, the United Kingdom has started to develop a new and coherent structure of administrative justice. This new system of administrative tribunals is outlined in primary legislation issued in 2007, which specifies the features of these tribunals and contributes towards the expansion of their