Littérature scientifique sur le sujet « Public utilities – Law and legislation – Italy »

In the legislation in force on Slovenian territory, public institutes as a legal form of carrying out statutory utilities have a colourful history. Initially, they became very widespread in the 1950’s, when they were being established as independently financed institutes in many public service fields. With the introduction of a new constitutional and social-political system after 1991, the legislator introduced a special organisational model for the provision of non-profit activities, namely both for those that were to be performed in the public sector – as statutory utilities, as well as for those that were to be performed in the private sector – as non-profit activities. For the public sector, a form of public institutes was asserted, and a form of private institutes for the private sector. The purpose of this text is to display the legal status, assets, management and financing of public institutes in Slovenian legislation.

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

This article examines state intervention in the energy sector under the EC Treaty. The analysis focuses upon Articles 37, on state trading monopolies, and 90, on public undertakings, the conferment of exclusive rights and undertakings entrusted with the operation of services of general economic interest. All these forms of business organisation are very common in the energy sector. The Commission's wish to introduce more competition in the public utilities sector is well served by the application of the Treaty rules on a case-to-case basis. Secondarily, legislation has also been adopted for the energy sector pursuant to Article 100A EC. There is considerable public debate on new proposals for directives which aim at further liberalisation in the energy market.

- The Italian Parliament has recently passed a new reform of local utilities. Compulsory competitive tendering will be the rule, while direct public management will be confined only to very special cases. The article discusses the scope of the reform and its main weaknesses: the excessive width of the focus, the uncertainty on auction design issues and the lack of a proper regulatory framework besides the tender. Policy reform recommendations are proposed with the aim of informing the next phase of the policy, namely the translation of the frame legislation into detailed regulation.Key words: local utilities; liberalization.JEL classifications: L9, H4

ABSTRACT:In Renaissance Italy clothing, particularly of women, was strictly regulated; individuals were regularly denounced when walking through the city. Modesty was a virtue in a republican state and dress played a major part in urban identity, reflecting social values and those of the political regime. Sumptuary laws were a major mode of control, particularly of patrician women, whose dress reflected both their own and their family's wealth and status. Despite increased availability of luxurious fabrics encouraged by urban policies, legislation was used to prohibit new forms of dress and raise money for state coffers. At the end of the fifteenth century Pandolfo Petrucci (1452–1512) took control of Siena. The inner elite of his regime, particularly its female members, were given exemptions from the strict legislation and were able to flaunt their elevated status and the new social order.

Antidrug legislation in Italy is examined since its origin. The historical and political issues which have influenced past decisions are examined and evaluated in their practical consequences. The 1975 legislation, which brought in force the concept of “modica quantità,” was a very advanced form of legislation, which did not survive mainly for political reasons. The 1990 modification of this law, however, has been rejected by a national referendum; as of this time, clear regulations have not been enacted.

In April 2014 The Constitutional Court in Italy was called to judge parts of the Law 40/2004 and canceled the prohibition of the methods of heterological artificial reproduction. !is decision opened a new stage of the public dispute about artificial reproduction that has been held in Italy for the last 20 years. The most significant principle of the legislation from the year 2004 was the recognition of the human embryo as a human being from the very moment of conception. The law in Italy forbade, among others, producing human embryos for scientific purposes, freezing and destroying human beings. The opponents of such legal regulations evoked the nationwide referendum in 2005 which did not manage to repeal the operative legislation. In 2015 the Italian Parliament will adopt a special law regulating the use of the methods of heterological artificial reproduction.

The public dispute about the methods of artificial reproduction has been led in Italy for many years, the most significant principle of the legislation from the year 2004 is the recognition of the human embryo as the human being from the very moment of the conception, the law in Italy forbids, among others, producing human embryos for scientific purposes, freezing and destroying human beings, using the methods of heterological artificial reproduction, the opponents of such legal regulations evoked the nationwide referendum in 2005 which - because of too poor turnout - did not manage to repeal the operative legislation.

SummaryOn 30 May 2014 the Italian Parliament approved a new law regarding forensic psychiatric hospitals. Forensic psychiatric hospitals are facilities that admit individuals who have committed a criminal offence but lack criminal responsibility because of a mental disorder and are deemed as dangerous to public safety. Here we report the key aspects of the new legislation together with some critical considerations.

The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation. Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.

Defense Date: 08 March 2010
Membres du jury : Professeur Jacques Ziller, Institut universitaire européen (Directeur de thèse IUE / extérieur) Professeur Luis Miguel Poiares Maduro, Institut universitaire européen Professeur Gérard Marcou, Université Panthéon-Sorbonne Paris 1 Professeur Guido Corso,Università degli Studi, Roma Tre
First made available online 25 March 2019
Depuis quelques années, l'organisation des services publics locaux connaît dans la plupart des Etats membres de l'Union européenne d'importantes transformations. D’une part, l'organisation administrative des Etats change et les fonctions des collectivités territoriales sont redéfinies. D’autre part, les formes de la gestion des activités d’intérêt général font l'objet de réformes du fait de l'évolution du contexte normatif. Si des dynamiques internes expliquent en partie ces phénomènes, la part que la réception du droit communautaire joue dans ces développements, est significative. De fait, la libéralisation des services publics nationaux étant largement avancée, les institutions communautaires poursuivent désormais l'ouverture des marchés locaux. Les collectivités territoriales ne peuvent donc plus ignorer les règles de la concurrence et de la libre prestation des services. Or l'organisation traditionnelle des services publics locaux n'est pas toujours conforme à ces principes et nécessite des ajustements, voire des réformes drastiques. Il paraît donc utile d'étudier dans quelle mesure le droit communautaire affecte les services publics locaux, dans une perspective matérielle, c'est-à-dire sur le fond des activités, et d'un point de vue institutionnel, c'est-à-dire sur le rôle des collectivités territoriales. Les normes communautaires imposent-elles un modèle unique de gestion des services? La diversité des formes d'organisation locale est-elle prise en compte et respectée comme l'implique le principe de neutralité? L'encadrement réglementaire communautaire n'est-il pas finalement attentatoire à l'autonomie locale? A travers les exemples français et italien et une étude de secteur sur les transports publics de voyageurs, il appert que l'impact du droit communautaire sur les services publics locaux est tout-à-fait considérable. Cependant il ne faut pas négliger l’effet inverse qui s'illustre par la prise en compte par la Cour de justice et la Commission européenne, des pratiques locales et par la promotion en parallèle, dans le droit primaire de l'Union européenne, des services d'intérêt général et des autorités locales.

AbstractItaly has been the first country in the world to adopt the US benefit corporation model (so-called società benefit (SB)), which it transplanted into its legal system at the end of 2015. The Italian società benefit statute is a mix between the US Model Benefit Corporation Legislation and the Delaware Public Benefit Corporation Act but is characterized by some peculiar features, such as the scope of the legislation, which is applicable to all for-profit and cooperative organizational forms provided by the law, and the existence of a public enforcement mechanism based on the attribution of supervisory powers to the Italian Competition Authority. A few years after its introduction, società benefit seems to have been widely accepted, and the movement continues to grow. Furthermore, the Italian legal system continues to support the spread of the SB model, e.g., through the 2019 amendment of the “Public Contract Code,” which introduced new reward criteria for tendering companies that publish the annual report required by the società benefit law to assess their social and environmental impacts. From a comparative law perspective, the Italian “for-benefit” model has been the first one adopted by a civil law system and seems to have influenced other civil law countries.

"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to ​​suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of ​​implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"