Tesis sobre el tema "Diritto pubblico economico"
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CASCARANO, APOLLONIA. "ORDINE PUBBLICO ECONOMICO TRA PROGRESSO ECONOMICO E SVILUPPO SOCIALE". Doctoral thesis, UNIVERSITà DEGLI STUDI DI MILANO BICOCCA, 2015. http://hdl.handle.net/10281/64775.
Texto completoThe study shows the existence of an European constitutional dimension of values and principles including the CEDU and the national constitutions, establishing the presence of an European public order underlining the display of a constitutional European system. The research tries to prospect the existence of an European integration at juridical level, granting the European juridical pluralism, highlighting the identity of each system, unifying the process of integration and the defense of pluralism, showing a defective juridical situation related to the granting of fundamental rights. The study appeals to the concept of public order that states the unity of juridical systems defining the concept of European constitutional pluralism through the mutual acknowledgment and achievement of a constitutional dimension. Among both the concepts of formal constitution and real constitution, it is preferred that of Verfassung ,real constitution. The concept of public order retains and gives values to the differences and conflicts and becomes the result of the conflict between the retention and promotion of values and fundamental principles. It is added the concept of public economic order as a variable category that marks the beginning of a new law that prevents and settle social conflicts. The public economic order oppose the abstract nature of old orders through the legislation of social categories where the contract is subject to rules of contractual typology and to the legal entity of the parts. The conceptual innovation that brings to the distinction between the two concept of public order and public economic order is the statuale base : the concept of public economic order is based on the forms of social State where the social justifies the public intervention in economy, becoming a legal notion of political and social economy. The relationship between law and economy appears important to better understand the meaning of the category of public and economic order: it is marked the need to create real and non-abstract conceptions of the system and to recover the experience of human relationships and that of the interpersonal communication. The proposal of a general theory in an economic setting reveals the deficiencies of an abstract method together with the need of a “new anthropology” upon which the subsidiary concept is based. The new typology gives value to the autonomy and to the ability of the individual and it is consequence of the natural auto govern of the human person. An analysis of the relationship between the economic order and the juridical system follows: social rules join the subsidiary role of institutions that provide for the deficiencies of procedures. There is a communication between the two subjects through which the concept of communication gains importance, thus supposing a system upon which the subsidiary intervention of institutions that work for the welfare of community life is based. The new concept of public economic order becomes a category that mediate the interrelations among the principles of the Community system and the rules of the Community market. The economic development and the social progress are the two cornerstones of the category, always tending towards a balance between the two purposes , identified at European levels as fundamental values and interpreted from the law of the Court as basic for its decisions. It is underlined the fulfillment of the concept in the Community setting in which the need of defending economic freedom has been associated to the protection of other values. The balance for the achievement of the public economic order lacks in many areas of international law where the concept of free trade prevails over social values and human person.
CASCARANO, APOLLONIA. "L'ordine pubblico economico tra progresso economico e sviluppo sociale". Doctoral thesis, Università degli Studi di Milano-Bicocca, 2015. http://hdl.handle.net/10281/65881.
Texto completoThe study shows the existence of an European constitutional dimension of values and principles including the CEDU and the national constitutions, establishing the presence of an European public order underlining the display of a constitutional European system. The research tries to prospect the existence of an European integration at juridical level, granting the European juridical pluralism, highlighting the identity of each system, unifying the process of integration and the defense of pluralism, showing a defective juridical situation related to the granting of fundamental rights. The study appeals to the concept of public order that states the unity of juridical systems defining the concept of European constitutional pluralism through the mutual acknowledgment and achievement of a constitutional dimension. Among both the concepts of formal constitution and real constitution, it is preferred that of Verfassung ,real constitution. The concept of public order retains and gives values to the differences and conflicts and becomes the result of the conflict between the retention and promotion of values and fundamental principles. It is added the concept of public economic order as a variable category that marks the beginning of a new law that prevents and settle social conflicts. The public economic order oppose the abstract nature of old orders through the legislation of social categories where the contract is subject to rules of contractual typology and to the legal entity of the parts. The conceptual innovation that brings to the distinction between the two concept of public order and public economic order is the statuale base : the concept of public economic order is based on the forms of social State where the social justifies the public intervention in economy, becoming a legal notion of political and social economy. The relationship between law and economy appears important to better understand the meaning of the category of public and economic order: it is marked the need to create real and non-abstract conceptions of the system and to recover the experience of human relationships and that of the interpersonal communication. The proposal of a general theory in an economic setting reveals the deficiencies of an abstract method together with the need of a “new anthropology” upon which the subsidiary concept is based. The new typology gives value to the autonomy and to the ability of the individual and it is consequence of the natural auto govern of the human person. An analysis of the relationship between the economic order and the juridical system follows: social rules join the subsidiary role of institutions that provide for the deficiencies of procedures. There is a communication between the two subjects through which the concept of communication gains importance, thus supposing a system upon which the subsidiary intervention of institutions that work for the welfare of community life is based. The new concept of public economic order becomes a category that mediate the interrelations among the principles of the Community system and the rules of the Community market. The economic development and the social progress are the two cornerstones of the category, always tending towards a balance between the two purposes , identified at European levels as fundamental values and interpreted from the law of the Court as basic for its decisions. It is underlined the fulfillment of the concept in the Community setting in which the need of defending economic freedom has been associated to the protection of other values. The balance for the achievement of the public economic order lacks in many areas of international law where the concept of free trade prevails over social values and human person.
Vasjari, Arjan <1967>. "La transizione dell'Albania dall'economia pianificata al capitalismo: un'analisi economico-istituzionale". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/3606/1/TESI_DOTTORATO%2C_VASJARI.Arjan.pdf.
Texto completoVasjari, Arjan <1967>. "La transizione dell'Albania dall'economia pianificata al capitalismo: un'analisi economico-istituzionale". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/3606/.
Texto completoMontanari, Nicola <1984>. "La tutela del diritto alla salute tra i vincoli economico-finanziari esterni ed interni e la prospettiva della creazione di un "Pilastro europeo dei diritti sociali"". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amsdottorato.unibo.it/8693/1/Montanari_Nicola_tesi.pdf.
Texto completoThe last decade of global economic and financial crisis has put a strain on the endurance of the continental democracies, which have had to counter the increasing public debt and the recession of their economies. The response of the EU's institutions, from the Ordoliberal point of view, so far, had been to tighten further the financial constraints to ensure the maintenance of public accounts. This tightening of restrictions has reverberated its (negative) effects also on welfare systems. The EU has a great challenge ahead of it. Starting again in the "after crisis" from the construction of an European social model that puts people at the center, trying to create an "European Pillar of social rights". In order to do this, it will be essential to give the European institutions new and greater skills and more relevant intervention capacities that have been unknown hitherto. This process of transformation follows the natural evolution of the process of European unification. If this path were interrupted, the same permanence in life of the Union would be at risk. The protection of social rights and in particular of the right to health, understood in a broad sense as protection of the person and of his psycho-physical wellbeing, is the path to greater integration between peoples and one of the fundamental elements for the creation of a united Europe that the European Founding Fathers had in mind. It is essential to "review" the economic policies at the supranational and national level with a view to preventing them from impinging on the level of protection of social rights. Finally, it was intended to offer a range of concrete measures that the European legislator can adopt with the primary purpose of creating a genuine European health policy and actively protecting the right to health of European citizens.
Montorsi, Tommaso <1977>. "Crisi economiche, sostenibilità ambientale e politiche pubbliche: il ruolo del legislatore e della pubblica amministrazione". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2013. http://amsdottorato.unibo.it/5462/1/montorsi_tommaso_tesi.pdf.
Texto completoThis work analyzes the role of the legislator and of the public administration respectively in outlining and implementing public policies aimed at the promotion of economic development models distinguished by a high rate of environmental sustainability. For this purpose, the work is split into four chapters. The first chapter takes into consideration the main elements of the general theory making up the keys to understanding the topic being dealt with. This first research phase is centred, on the one hand, on the (historical-evolutionary) analysis of the environment concept in the light of prevalent legal interpretation and, on the other, on the formation of the concept of sustainable development, especially in an environmental perspective. In the central part of the work, consisting of the second and the third chapter, the analysis involves three areas of investigation of great importance for the systematic contextualization of public policies in the sector: the system of relations existing between the numerous entities (international, national and local) involved in finding solutions to the systemic environmental crisis; the identification and definition of the substantial principles regulating the environment protection system and directing policy choices in the sector; the main, currently applicable protection instruments (juridical and economic). The fourth and last chapter takes into consideration the policies relating to the authorization procedures for the building and running of energy production plants fuelled by renewable sources, analyzed as a specific case which can be taken as a paradigm of the role played by the legislator and the public administration in the sector of sustainable development policies. The analysis conducted shows a high rate of complexity of the institutional and organizational system, to which must be added evident limits of efficiency as regards the administrative system of authorizations introduced by the national legislator.
Montorsi, Tommaso <1977>. "Crisi economiche, sostenibilità ambientale e politiche pubbliche: il ruolo del legislatore e della pubblica amministrazione". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2013. http://amsdottorato.unibo.it/5462/.
Texto completoThis work analyzes the role of the legislator and of the public administration respectively in outlining and implementing public policies aimed at the promotion of economic development models distinguished by a high rate of environmental sustainability. For this purpose, the work is split into four chapters. The first chapter takes into consideration the main elements of the general theory making up the keys to understanding the topic being dealt with. This first research phase is centred, on the one hand, on the (historical-evolutionary) analysis of the environment concept in the light of prevalent legal interpretation and, on the other, on the formation of the concept of sustainable development, especially in an environmental perspective. In the central part of the work, consisting of the second and the third chapter, the analysis involves three areas of investigation of great importance for the systematic contextualization of public policies in the sector: the system of relations existing between the numerous entities (international, national and local) involved in finding solutions to the systemic environmental crisis; the identification and definition of the substantial principles regulating the environment protection system and directing policy choices in the sector; the main, currently applicable protection instruments (juridical and economic). The fourth and last chapter takes into consideration the policies relating to the authorization procedures for the building and running of energy production plants fuelled by renewable sources, analyzed as a specific case which can be taken as a paradigm of the role played by the legislator and the public administration in the sector of sustainable development policies. The analysis conducted shows a high rate of complexity of the institutional and organizational system, to which must be added evident limits of efficiency as regards the administrative system of authorizations introduced by the national legislator.
RIZZO, GIULIA. "L'Istituto della concessione di servizi tra diritto interno e diritto comunitario". Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2010. http://hdl.handle.net/2108/1320.
Texto completoPurpose of the job is to closely examine the theme of the concession of services, in the light of influence exercised by law and jurisprudence, in consideration of the enormous economic affairs involved. The EU and National regulations were analyzed, as well as pronouncement by the Court of Justice and the domestic Tribunal. Neither was a necessary background excursus neglected. The study revealed that up to today this kind of public contract has no precise and comprehensive disciplinary regulation at either community or National level. Nevertheless, National regulations adopted in implementation of directives and principles ratified through sentencing, do nowadays guarantee a greater transparency, publicity and ‘par condicio’ in procedures for tenders and have an important impact on the Italian judiciary sector: ordinary judge or administrative judge. The result of the search constitutes a meaningful contribution.
Lucchetti, Alessandro <1968>. "L'integrazione verticale tra pubblico e privato.Una ricostruzione delle società a capitale misto per i servizi pubblici locali secondo le categorie della teoria economica dell’organizzazione". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2016. http://amsdottorato.unibo.it/7670/1/Lucchetti_Alessandro_tesi.pdf.
Texto completoCore assumption of the research is that the joint participation and cooperation of public and private parties in a corporatized entity could be regarded and reconstructed as a hybrid organization within the theoretical model of the Transaction Cost Economics (TCE). The research is inteded to affirm that the IPPP is a hybrid” where the two parties (the public and the private one) combine joint efforts and competing goals. The research reveals the most distinctive legal features, within the Italian Jurisdiction, of this form of “Institutionalized PublicPrivate Partnerships (IPPP)” where the joint participation takes place within a corporatized entity. The TCE Approach to Institutionalised Public-Private Partnerships (IPPP) offers a new perspective on the legal reconstruction of the cooperation between the public entity and the private party. The Corporatized Hybribs organizations provide solutions to manage uncertainty due to contract incompleteness by means of embedded relationships within the corporate governance framework. Due to the long-term functioning, the IPPP must be able to adjust to changes in the economic, legal or tecnological environment and those changes must be assessed and approved in the context of the corporate relationship between the public entity and the Private Partner. The analysis, focused on the Italian legal system, confirms that company law and administrative law do matter and play a key role in the appropriate design of the transaction in order to avoid unbalanced relationship between the Private Partner and the Public Party which acts as Public Authority too (the so called “double alignment problem”).
Lucchetti, Alessandro <1968>. "L'integrazione verticale tra pubblico e privato.Una ricostruzione delle società a capitale misto per i servizi pubblici locali secondo le categorie della teoria economica dell’organizzazione". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2016. http://amsdottorato.unibo.it/7670/.
Texto completoCore assumption of the research is that the joint participation and cooperation of public and private parties in a corporatized entity could be regarded and reconstructed as a hybrid organization within the theoretical model of the Transaction Cost Economics (TCE). The research is inteded to affirm that the IPPP is a hybrid” where the two parties (the public and the private one) combine joint efforts and competing goals. The research reveals the most distinctive legal features, within the Italian Jurisdiction, of this form of “Institutionalized PublicPrivate Partnerships (IPPP)” where the joint participation takes place within a corporatized entity. The TCE Approach to Institutionalised Public-Private Partnerships (IPPP) offers a new perspective on the legal reconstruction of the cooperation between the public entity and the private party. The Corporatized Hybribs organizations provide solutions to manage uncertainty due to contract incompleteness by means of embedded relationships within the corporate governance framework. Due to the long-term functioning, the IPPP must be able to adjust to changes in the economic, legal or tecnological environment and those changes must be assessed and approved in the context of the corporate relationship between the public entity and the Private Partner. The analysis, focused on the Italian legal system, confirms that company law and administrative law do matter and play a key role in the appropriate design of the transaction in order to avoid unbalanced relationship between the Private Partner and the Public Party which acts as Public Authority too (the so called “double alignment problem”).
Roversi, Monaco Micol <1984>. "Le società a capitale pubblico locale per i servizi pubblici locali di rilevanza economica: condizioni per la costituzione e il mantenimento, e limiti operativi". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/5021/1/Roversi_Monaco_Micol_tesi.pdf.
Texto completoThe research focuses on the role of the local authorities in the companies which manage the supply of public services of economic interest, within the new regulatory framework and the rules on the limits of the “in house providing” model, on the liberalization of the services of general interest, the organization on territorial zones (ambiti territoriali), and on the need to limit the expenditures. Four types of companies are identified: the semi-public companies where the private partner is selected by means of public tendering procedures, the so called “in house companies”, the companies selected by means of public and open tendering procedures, and the companies which do not hold the exclusive to provide the service. The research focuses on the possibilities of creating these companies and on their limits.
Roversi, Monaco Micol <1984>. "Le società a capitale pubblico locale per i servizi pubblici locali di rilevanza economica: condizioni per la costituzione e il mantenimento, e limiti operativi". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2012. http://amsdottorato.unibo.it/5021/.
Texto completoThe research focuses on the role of the local authorities in the companies which manage the supply of public services of economic interest, within the new regulatory framework and the rules on the limits of the “in house providing” model, on the liberalization of the services of general interest, the organization on territorial zones (ambiti territoriali), and on the need to limit the expenditures. Four types of companies are identified: the semi-public companies where the private partner is selected by means of public tendering procedures, the so called “in house companies”, the companies selected by means of public and open tendering procedures, and the companies which do not hold the exclusive to provide the service. The research focuses on the possibilities of creating these companies and on their limits.
IACOVELLI, DANILA. "STUDIO SULLA FUNZIONE AMMINISTRATIVA". Doctoral thesis, Università Cattolica del Sacro Cuore, 2009. http://hdl.handle.net/10280/563.
Texto completoThis thesis analyzes the concept of public function with particular regard to administrative world. It starts by an historical point of view and arrives to a definition of function in an objective sense. This concept is used to explain the transformation of contemporary administration.
IACOVELLI, DANILA. "STUDIO SULLA FUNZIONE AMMINISTRATIVA". Doctoral thesis, Università Cattolica del Sacro Cuore, 2009. http://hdl.handle.net/10280/563.
Texto completoThis thesis analyzes the concept of public function with particular regard to administrative world. It starts by an historical point of view and arrives to a definition of function in an objective sense. This concept is used to explain the transformation of contemporary administration.
GRILLO, ELISA. "Le concessioni di servizi pubblici locali a rilevanza economica: i principi europei dell'evidenza pubblica nella giurisprudenza della Corte di Giustizia e nel Codice dei contratti pubblici". Doctoral thesis, Università degli Studi di Milano-Bicocca, 2013. http://hdl.handle.net/10281/43993.
Texto completoCabianca, Alessandro <1974>. "Le Società del Trasporto Locale Tra crisi economica, Servizio Pubblico e Libertà d'Impresa". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amsdottorato.unibo.it/8691/1/CABIANCA%20A%20Le%20societ%C3%A0%20del%20trasporto%20pubblico%20locale%20tra%20crisi%20economica%20servizio%20pubblico%20e%20libert%C3%A0%20d%27impresa.pdf.
Texto completoThis research focuses on the relationship between public services and the freedom of enterprise. The aim is to investigate on the impact of the public service regime on private and public operators from a functional and organizational point of view. This phenomenon is considered through the lens of the local public transport, in its specification of public passenger transport; this takes on particular significance in the current historical crisis, which has ha serious repercussions for the sector. In particular, the research topics concerne: -the identification of the market sectors reserved to the public service and the sectors opened to the regime of freedom of business -the relationships between the public service of the collective transport of people and the adjacent markets; -the impact on the involved economic subjects of a part of the public service regime, with a special focus on the massive presence in this sector of publicly owned companies.
GALLARATI, FRANCESCO. "Public service in the Italian and European economic constitution". Doctoral thesis, Università degli studi di Genova, 2018. http://hdl.handle.net/11567/932954.
Texto completoCORINI, ANTONIA. "Applicazione del diritto alimentare nell’Unione europea. Poteri pubblici e schemi privati per gestire le violazioni del diritto alimentare". Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/39865.
Texto completoThe thesis analyses enforcement of EU food law. The analysis starts by concentrating on the EU Food Law central objectives and basic tools, its historical development and the issues it has aimed to face. Food Law Enforcement is analysed by examining food control systems in the European Union and their implementation by Food Business Operators as well as by the Competent Authorities in two Member States (Italy and The Netherlands). Cases are scrutinised where problems of enforcement or weaknesses of the system have come to light in dealing with various possible violations which concern food. The dissertation aims to show the shortcomings of the legal system and to contribute to solving them by developing a theoretical concept: that of behavioural infringements due to the human factor and of their impact on consumer economic interests. The dissertation, therefore, focuses on the most suitable instruments in dealing with these infringements by examining the newly adopted legislation and by looking at what can be learnt from different approaches chosen in the two Member States studies, including that of combining the Competent Authorities rules and activities to those of Private schemes.
CORINI, ANTONIA. "Applicazione del diritto alimentare nell’Unione europea. Poteri pubblici e schemi privati per gestire le violazioni del diritto alimentare". Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/39865.
Texto completoThe thesis analyses enforcement of EU food law. The analysis starts by concentrating on the EU Food Law central objectives and basic tools, its historical development and the issues it has aimed to face. Food Law Enforcement is analysed by examining food control systems in the European Union and their implementation by Food Business Operators as well as by the Competent Authorities in two Member States (Italy and The Netherlands). Cases are scrutinised where problems of enforcement or weaknesses of the system have come to light in dealing with various possible violations which concern food. The dissertation aims to show the shortcomings of the legal system and to contribute to solving them by developing a theoretical concept: that of behavioural infringements due to the human factor and of their impact on consumer economic interests. The dissertation, therefore, focuses on the most suitable instruments in dealing with these infringements by examining the newly adopted legislation and by looking at what can be learnt from different approaches chosen in the two Member States studies, including that of combining the Competent Authorities rules and activities to those of Private schemes.
Battistini, Ilaria <1981>. "La discrezionalità economica nelle decisioni sanzionatorie dell'Autorità garante della concorrenza e del mercato". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2009. http://amsdottorato.unibo.it/1778/1/Battsitini_Ilaria_tesi.pdf.
Texto completoBattistini, Ilaria <1981>. "La discrezionalità economica nelle decisioni sanzionatorie dell'Autorità garante della concorrenza e del mercato". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2009. http://amsdottorato.unibo.it/1778/.
Texto completoSABATINO, Maria. "La gestione dei servizi pubblici locali di rilevanza economica: un mercato da aprire alla concorrenza". Doctoral thesis, Università degli studi del Molise, 2014. http://hdl.handle.net/11695/66394.
Texto completoOur code is marked by cyclical uncertainties and contradictions in developing the local public services regulation, especially that of the economically relevant ones. The great attention for the local public services issue has depended on the unending and not always coherent production of regulations which has marked the field so much over the last decade that it has given rise to such a permanent state of reformation and transition that, as soon as a normative amendment was adopted, you started to wait for further interventions drawn up to correct, adjust, integrate it, if not even aimed at a complete reversal of it or, at least, to a redefinition of its time lag to enter into force, therefore triggering a sense of uncertainty about the juridical framework’s clearness and stability. The 142/1990 law defined public services as those services which have as an object the production of goods and activities aimed at realizing social goals and promoting the economical and civil development of local communities; such a definition has been drawn on the Compendium Code for the local authorities, legislative decree 267/2000. The first alteration to linger over is the concept itself of the local public service. If in the past the adjective “public” referred to the subject supplying the service, now the qualifying element is the object, that is the needs of the collectivity residing in a determined territory to be fulfilled. This leads to a rethinking of the role of the State in the local public services production: if the focus is on the need, it is necessary to characterize the subject that has the capabilities to fulfill it properly, being it public or private. If the monopolistic management of the past has produced inefficiencies and if the best efficiency is achieved through absolute competition, then a possible solution to guarantee a proper answer to the needs of the collectivity to satisfy can be the introduction of competition. Another element of instability has was introduced after the referendum of June 2011 which ended up sweeping away the whole normative set up applicable to all public local services, based on the 23-bis article of the Legislative Decree 112/2008. Hence the need for defining a new discipline, dictated by the 4th article of the Legislative Decree 138/2011, converted by alterations from the 148/2011 law, which was amended in turn and integrated many times between the end of 2001 and the first term of 2012. This amendment is going to be short-lived though becaus uncanstitutianal by the Caurt an J uly 20"' 2012 just while being stabilized, which has therefare re-apened - if ever clased - the process far the adaptian af an umpteenth new discipline far the public lacal services.
Verdolini, Enrico <1992>. "Le interpretazioni della costituzione economica: discipline costituzionali dei rapporti fra poteri pubblici, concorrenza e disuguaglianze". Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2022. http://amsdottorato.unibo.it/10336/1/TESI%20VERDOLINI.pdf.
Texto completoThe thesis is about the controversial question of what is meant by economic constitution and what its interpretations may be. The concept was developed in the context of the doctrinal debate at the Constituent Assembly of the Weimar Republic. This debate has influenced, in many ways, the drafting of the Italian Constitution, as well as the interpretations of the economic constitution that have been proposed by doctrine and jurisprudence. Over the decades, different interpretations of economic constitution have been proposed. Each one is characterized from an ideological point of view, capable of opening a different perspective on the interaction between public powers, competition and inequalities. Since the 1980s, there has been a progressive weakening of the constraints fixed by the economic constitution on the dynamics of the economy. The pandemic emergency has, however, determined a paradigm shift, with the beginning of a new role of public powers in the European context. It is necessary to answer what is the economic constitution, in the European and national context, what interpretation can be married and what concrete consequences there are, in terms of public power policies in the economic sphere.
CHIARELLI, SIMONE. "Il processo di semplificazione amministrativa e di liberalizzazione delle attività economiche nella dimensione europea". Doctoral thesis, Università degli studi di Bergamo, 2010. http://hdl.handle.net/10446/590.
Texto completoCarullo, G. "IL CONDIZIONAMENTO DEL DIRITTO EUROPEO SULL¿ORGANIZZAZIONE PUBBLICA DEI SERVIZI ECONOMICI. STUDIO SUI LIMITI DERIVANTI DAL DIRITTO DELL¿UNIONE EUROPEA ALLA DISCREZIONALITÀ ORGANIZZATIVA, TRA AUTOPRODUZIONE ED ESTERNALIZZAZIONE". Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/258171.
Texto completoMICHIELI, ANDREA. "Democrazia sostanziale e partecipazione economica. Profili costituzionali della collaborazione dei lavoratori all’impresa". Doctoral thesis, Università degli Studi di Milano-Bicocca, 2020. http://hdl.handle.net/10281/262960.
Texto completoThe thesis aims to analyze the forms of economic participation embedded in the Italian Constitution. The research examines the norms on “economic relations” in the Constitution focusing on the concept of “democrazia sostanziale”; particularly, it addresses the participation of workers in the enterprise as main form of contribution of the citizens to the democratization of the economic power, although so far unrealized.
BARONE, Michele. "Le Autorità indipendenti nell’amministrazione pubblica dell’economia. Bilanci e prospettive nell’evoluzione del contesto italiano ed europeo". Doctoral thesis, Università degli studi del Molise, 2021. http://hdl.handle.net/11695/105599.
Texto completoThe work addresses the still controversial question of the nature and functions of the Independent Regulatory Commissions. Through the analysis of the structural conditions underlying the affirmation of the independent regulation of the market, the primary aim is to suggest a key to understanding the main problems it poses, starting with those relating to the independent status of Regulatory Commissions. Secondly, the work aims to identify possible horizons for reform, in light of the evolution of the approach to the issue of public intervention in the economy assumed in the national and supranational context. First of all, the debate on the principles of economic relations, held in the Constituent Assembly, is examined, from which the almost unanimous critique of laissez-faire, expression of the traditional liberal state, clearly emerges. There was a deep-rooted awareness, based on historical evidence, that the market, left to itself, is not capable of generating social utility: on the contrary, it tends to favor dynamics of abuse of subjects who are in a position of factual weakness by subjects who are, instead, in a position of factual power. The purposes that the Constitution assigns to economic policy - guaranteeing the full development of the human person and the realization of social utility - can therefore be pursued on the sole condition that the market is subjected to strict limits and controls (clauses 41 and following of Italian Constitution). Therefore, the work focuses on the ‘regulatory paradigm’, which begins to rise in Italy to coincide with the expansion of market’s spaces, stimulated particularly by the process of European integration. This paradigm, far from being intrinsically connected to the logic of laissez-faire, can potentially represent an even more complete form of implementation of constitutional principles than a model of public intervention in the economy in which the state is directly involved in production processes. In fact, the regulatory paradigm, according to which state intervention essentially consists of a supervisory activity on economic dynamics, seems to fall more properly within the "controls" referred to in clause 41 of Italian Constitution. Nevertheless, the problems that characterize regulation in terms of how it actually developed in Italy are highlighted and attributed precisely to the fact that it was considered, in fact, not as a new form of limitation and control of economic dynamics, but, conversely, as a way to "free" them from the interference of the public powers. This approach has led to an unbalanced discipline of the status of independence (sometimes excessive, sometimes defective), which presents mechanisms of "protection" of market’s spaces towards political bodies in some respects even more intense than those that Constitution reserves for freedoms and inviolable rights of the person. Such guarantees, although, are based on questionable assumptions: a renewed "faith" in market’s virtues and a consequent return to the logic of laissez-faire. Therefore, the concept of regulation as a guarantee function is not considered acceptable: it is instead considered an administrative function in the full sense, namely aimed at the care of public interests within the market. In this perspective, it is highlighted that the independent status, rather than representing an aid for the implementation of the regulatory paradigm, constitutes an obstacle to it, undermining its full compliance with constitutional principles. Guidelines for possible reforms are therefore indicated, aimed at giving a fully “public-power attitude” to the market’s administrative regulation, in order that it is made truly capable of remedying its inevitable "failures".
GENNARO, Giancarlo. "LA GOVERNANCE ECONOMICA DELL’U.E.: I VINCOLI COMUNITARI GRAVANTI SULLA DETERMINAZIONE DEI PRINCIPI DI COORDINAMENTO DELLA FINANZA PUBBLICA E SULLA ARMONIZZAZIONE DEL SISTEMA TRIBUTARIO NAZIONALE, NELLA PROSPETTIVA DI ATTUAZIONE DEL FEDERALISMO FISCALE". Doctoral thesis, Università degli Studi di Palermo, 2014. http://hdl.handle.net/10447/91202.
Texto completoSTOCCORO, ANDREA. "La contrattazione di secondo livello nel settore dei pubblici esercizi: vecchi e nuovi modelli". Doctoral thesis, Università degli studi di Bergamo, 2014. http://hdl.handle.net/10446/30729.
Texto completoBerlinghini, Maurizio. "Rigenerazione urbana e sociale nei contesti di edilizia residenziale pubblica - Dallo studio dell'esperienza bolognese del "Contratto di Quartiere Pescarola-Beverara" verso rinnovati strumenti operativi". Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/17160/.
Texto completoMARZETTA, CRISTIAN. "ENTI TERRITORIALI MINORI NELL'ARCHITETTURA EUROPEA". Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/40682.
Texto completoDuring last decades, two trends have been underlined in Europe: laws on local authorities (municipalities, provinces and metropolitan areas) are getting less differing, enhancing the role of these entities (except for the phase following latest economic crisis) and we see a progressive transfer of decision-making powers from National States to European Union. It’s interesting – as it was done in this study – to understand how the two trends are connected and, particularly, how the European Union influences local authorities of member States. In order to appreciate differences and underline trends who associate different systems (also in the light of recent reforms), the analysis is focused on the evolution of legislation about local authorities, not only in Italy, but also in other States of European Union, Then, turning to European Union legislation, particular attention is dedicated not only to general principles listed into primary law, but also to the analysis of specific policies endowed with consideration for the role of local levels (primarily the policies about economic, social and territorial cohesion). In this way, a data comparison was made possible to understand whether the reforms interesting local authorities in recent past has been generated by legislation, by policies and actions of European Union, and to what extent. Finally, an attempt to outline the possible and future role of local Authorities into European architecture has been made, in a potential multi-level federalism perspective.
MARZETTA, CRISTIAN. "ENTI TERRITORIALI MINORI NELL'ARCHITETTURA EUROPEA". Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/40682.
Texto completoDuring last decades, two trends have been underlined in Europe: laws on local authorities (municipalities, provinces and metropolitan areas) are getting less differing, enhancing the role of these entities (except for the phase following latest economic crisis) and we see a progressive transfer of decision-making powers from National States to European Union. It’s interesting – as it was done in this study – to understand how the two trends are connected and, particularly, how the European Union influences local authorities of member States. In order to appreciate differences and underline trends who associate different systems (also in the light of recent reforms), the analysis is focused on the evolution of legislation about local authorities, not only in Italy, but also in other States of European Union, Then, turning to European Union legislation, particular attention is dedicated not only to general principles listed into primary law, but also to the analysis of specific policies endowed with consideration for the role of local levels (primarily the policies about economic, social and territorial cohesion). In this way, a data comparison was made possible to understand whether the reforms interesting local authorities in recent past has been generated by legislation, by policies and actions of European Union, and to what extent. Finally, an attempt to outline the possible and future role of local Authorities into European architecture has been made, in a potential multi-level federalism perspective.
ANGELINI, Francesca Filomena. "Ordine pubblico economico e costituzione economica fra "tradizione" nazionale e "innovazione" sovranazionale. Italia e Francia a confronto". Doctoral thesis, 2001. http://hdl.handle.net/11573/413927.
Texto completoPIZZI, MICHELE. "L'intervento dello Stato nell'economia secondo l'analisi economica del diritto pubblico". Doctoral thesis, 2011. http://hdl.handle.net/11573/918041.
Texto completoSICLARI, DAVIDE. "Diritto dell'economia e sviluppo economico. Una prospettiva comparatistica". Doctoral thesis, 2013. http://hdl.handle.net/11573/918171.
Texto completoVENTURA, ANDREA. "Dal costo sociale all'analisi economica del diritto". Doctoral thesis, 1989. http://hdl.handle.net/2158/586099.
Texto completoNARDI, FRANCESCO. "L'incidenza del Patto di stabilità e crescita sull'equilibrio costituzionale dei poteri". Doctoral thesis, 2016. http://hdl.handle.net/11573/925126.
Texto completoZATTI, FILIPPO. "Il controllo del mercato mobiliare: dottorato di ricerca in diritto pubblico dell'economia, Università degli studi di Roma "La Sapienza", Facoltà di economia, Dipartimento di diritto dell'economia, 2003, 13. ciclo. - A. A. 2000-2001". Doctoral thesis, 2002. http://hdl.handle.net/2158/327845.
Texto completoPETRINI, Maria Celeste. "IL MARKETING INTERNAZIONALE DI UN ACCESSORIO-MODA IN MATERIALE PLASTICO ECO-COMPATIBILE: ASPETTI ECONOMICI E PROFILI GIURIDICI. UN PROGETTO PER LUCIANI LAB". Doctoral thesis, 2018. http://hdl.handle.net/11393/251084.
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