10 THE ITALIAN LAW JOURNAL NOS. 1-2 (2024) SHORT SYMPOSIUM ON ‘COMPARATIVE LEGAL METRICS’ Comparative Legal Metrics: An Introduction by G. Napolitano
_____________________________ Legal Metrics: Getting the Measure of Good Governance by R. Brownsword This article draws on the discussion in my recent book, Technology, Humans, and Discontent with Law. It highlights five questions about law’s imperfect governance. These questions concern: the breadth of our (old-fashioned) discontent with law’s governance; the depth of such discontent; the root causes of this discontent […] ____________________________ Legal Metrics Extracted from Court Decisions. A Focus on Personal Injury Compensation by C. Quézel-Ambrunaz and V. Rivollier This article explores the extraction of legal metrics from court decisions, with a focus on personal injury compensation in France. It begins by discussing the challenges of accessing and structuring data from judicial decisions, highlighting legal and non-legal barriers. Despite recent legislative efforts to open up access to judicial decisions as open data, […] _____________________________ by G. Resta The quantification of performance has everywhere become a tool of governance, an instrument capable of influencing the behaviour of individuals and other entities, and thus a potent source of power. How does (or should) the law regulate the exercise of such power? This paper addresses this question by providing a comparative overview of recent regulatory trends. […] ESSAYS Rule of Law: A Normative Ideal and Its Implications for the Italian Public Administration by E. Chiti and G. Palombella The article discusses the relevance of the Rule of Law for the Italian public administration. It opens by observing that the Rule of Law is a more demanding notion than usually assumed in the Italian discourse, a normative ideal encapsulating a specific and challenging rationale. More precisely, the rationale of the Rule of Law as a normative ideal is to be found in the beneficial tension [...] _____________________________ Platform Work and Trade Union Participation: European and American Perspectives by M. Delfino and C. Szymanski This contribution analyses the role of trade unions in regulating platform work in the European Union and the United States. First, a review of the situation in the EU is provided. The proposal for a directive on platform work of 2021, whose latest version was addressed in March 2024, is examined, placing it in a broader context since the European Union […] ____________________________ Build to Suit Real Estate Transactions Facing Legal Issues in Italy by C. Di Palma The paper examines certain salient legal issues relating to ‘build-to-suit’ real estate transactions, whereby a professional developer purchases a plot of land from a seller and, contextually, agrees to lease the asset to be developed on said plot to one or more tenants. Although the agreements are interrelated per se (BTS transactions squarely fall within the definition of ‘operazione economica’) […] _____________________________ by F. Falorni The article deals with the Supreme Court’s jurisprudence during the health emergency to identify the different trends that have characterized the Court’s decisions in that peculiar historical period compared to those of continental European courts. The case law reveals some exceptional patterns, still recurring in the most recent rulings: […] _____________________________ Sustainability and Remedial Regime in the Sale of Consumer Goods by A. Fantini The act of consumption is assuming an axiological dimension that deserves to be projected also in a remedial perspective. It is the relationship between private law and sustainability that comes into focus. An incentive policy for the remedy of the repair of goods is central to the project of a sustainable single market, in which the inseparability between individual interests and general interests […] ____________________________ Cross-Examination in Italian Criminal Procedure: The Bumpy Road to Due Process by J.R. Gómez Biamón During the last three decades, Italian criminal procedure has been steadily going through substantial changes. The most notable transformation has been brought forth with the introduction of a new Code of Criminal Procedure (1988) that among other things, changed criminal procedure from an inquisitorial system into a so-called predominantly adversarial system. […]
____________________________ The Regulation of Cultural Meanings Through Sponsorship Contracts by M. Lisanti This paper analyses the potential negative repercussions of sponsorship contracts. It assumes that cultural heritage has both a tangible value, a corpus mechanicum, and an intangible value, pertaining to identity and historical aspects, representing a corpus mysticum. With this combination of identity, historical aspects may make a tangible part of cultural heritage a testimony of civilization. […] ____________________________ Imprisonment or Detention for Inability to Fulfil a Contractual Obligation or Pay a Debt(s) by J. Mujuzi Art 11 of the International Covenant on Civil and Political Rights (ICCPR) provides that ‘[n]o one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation’. The drafting history of Art 11 shows that state delegates were divided on whether the prohibition should apply to any contractual obligation(s) between private individuals or […] _____________________________ Primary’ and ‘Secondary’ Use of Electronic Health Data by C. Perlingieri and A. Cocco The paper aims to provide an overall framework of the different electronic health data processing activities, distinguishing especially between ‘primary’ and ‘secondary’ use. Firstly, the article outlines the regulatory context that is still under development and critically examines the position taken on the subject by the Italian Guarantor. […] CORPORATE AND FINANCIAL MARKETS LAW by M. Bianchini The terms ‘sustainability’ and ‘company’ have been progressively used together in our day-to-day talks. Yet – at least at first sight – they may seem at odd with each other. In fact, the future of our planet – and, namely, the future of human and other animal species, of plants, and their respective biodiversity – is heavily (and will increasingly be) impacted [...] _____________________________ by G.C. Cicu Emerging technologies like artificial intelligence and big data are rapidly transforming social, political, and economic landscapes. This technological revolution is reshaping business organization and operations, leading to new corporate governance forms where AI is integrated into various managerial functions. […] ____________________________ Attempts to Redefine Corporate Purpose and Consequences on Directors’ Duties – Enel Use Case by F. Di Silvestre Recently, economists and legal scholars have tried to deal with the trade-off between shareholders value maximization and stakeholders’ interests. Paragraph 1 will investigate whether companies could create social value and increase their profitability simultaneously. European and Italian soft and hard law has evolved partially in line with such economic theories […] MALEBOLGE by R. Vecellio Segate
Unlike torture or slavery, war was never outlawed by international lawmakers. International humanitarian law, and the laws of war generally, have merely instituted minimal protection requirements for civilians, aligned with longstanding customs. Contemporary ‘humanising’ developments, fostered inter alia by feminist advocacy, have deepened the interfaces between […] HARD CASES Indigenous Sovereignty in the Low-Carbon Transition: Reflections on the Osage Wind Judgement by G. Bellantuono In United States and Osage Minerals Council v Osage Wind et al, the federal judges of the United States (US) ordered a wind developer to remove its turbines and pay damages to the Osage Nation. This dispute arose from the peculiar legal regime of the mineral estate established in federal Indian law. Its outcome has broader implications for the low-carbon transition. Indigenous opposition to renewable plants is widespread both in the US and elsewhere. [...] _____________________________ by L. Moramarco The essay explores the ruling of the Court of Justice in case C-573/19, which recognised Italy’s ‘systematic and continuous’ infringement of the annual limit value set for nitrogen dioxide, upholding the complaint brought under Art 258 TFEU by the European Commission. Furthermore, the piece takes on a critical look on the weakness of the Court’s argumentative process on Italy’s defence: […] ____________________________ Digital Surveillance Under European Scrutiny by L.E. Perriello Digital surveillance, whether targeted or mass, has drawn scrutiny from European courts for potentially violating human rights. The balance between security and privacy is challenging, with states often implementing invasive measures in response to threats like terrorism. The European Court of Human Rights and the Court of Justice of the European Union have been striving to balance state security needs with individual rights, […] INSIGHTS & ANALYSES by G. Anselmo This essay examines the phenomenon of street art and its fascinating interconnection with property law. Framed in the complex intersection of law, social, and institutional practices in urban space, non-commissioned street art is characterized by its inherent impact on property law. […] ____________________________ Causes of Reflection on the Use of AI in Civil Justice by G. Amore and M.M. Lazzara Paper focused on two particularly relevant profiles. The first focus is the relationship between the use of artificial intelligence (AI) in the process and the protection of personal data as referred to in the European Union General Data Protection Regulation (GDPR). Predictive justice is a kind of justice foreseen by algorithms that carry out calculations starting from large masses of data (big data), [...]
____________________________ Collective Redress 3.0 in Italy: From Consumer Class Action to Consumer Representative Action by L. Bugatti The paper explores consumer collective enforcement mechanisms, particularly the consumer representative action, by examining both the European Union context and Italy’s specific framework. Initially, the analysis delves into the European Union’s approach to consumer law collective enforcement, highlighting key policies and initiatives (para I). […] ____________________________ by Ciro G. Corvese The Author examines the European legislation regulating sustainability risk, sustainability factors, and sustainability preferences; this legislation is embedded in the existing rules concerning the governance of insurance and reinsurance, the control and product governance requirements for insurance undertakings […] _____________________________ The Implementation of New Technologies in Anti-corruption Policies by F. De Simone The text examines the impact of new technologies in the field of criminal law, focusing on the prevention and repression of corruption. It explores the advantages derived from the use of tools such as artificial intelligence and advanced algorithms, highlighting the opportunities to improve investigation efficiency and increase transparency. […] _____________________________ The ‘Italian Way’ to the Minimum Wage. Time for a Change? by E. Menegatti The Italian legal system is characterized by a unique way of ensuring minimum wage to employees, referred to as the ‘Italian way’ to the minimum wage. In the absence of a statutory minimum wage and collective agreements with universal coverage, it has fallen to the judge, through an original interpretative operation, to guarantee employees the minimum wage, identified in the minimums […] ____________________________ Protecting Cultural Heritage Through Criminal Law: The Italian Experience by G. Picci Being characterized by an immense cultural heritage, Italy started to deal with its preservation centuries before the country’s unification, progressively building one of the most developed legal frameworks on the safeguarding of cultural property, whose peculiarities and complexities are analyzed in this paper.[…] _____________________________ From Planned Obsolescence to the Right to Repair in the Prism of Sustainability by M. Porcelli The work examines the phenomenon of planned obsolescence, now widespread in industrial societies, in relation to the problems it raises in terms of environmental protection requirements, using the parameter of sustainability as a lens through which to assess the merits of the interests involved. […] _____________________________ by R. Santagata de Castro The aim of this paper is twofold: to highlight the potential and limitations of the new right to request flexible working arrangements for caring purposes, as established in Directive no 2019/1158, and to consider, through an overview of EU law, whether and to what extent this right can be interpreted in a manner that truly favours the interests of workers with care-related responsibilities over those of employers. […]
A Dangerous Alliance Unveiled
