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Il "Giusto processo" amministrativo - La tutela giurisdizionale dell'individuo nei confronti della Pubblica Amministrazione alla luce del diritto dell'Unione europea e della Convenzione europea dei diritti dell'uomo
Get PDFThe object of this piece of work concerns the safeguards granted to the individual under the Italian administrative trial. More specifically the work is dedicated to the guarantees provided to the individuals by the European Convention for the Protection of Human Rights and Fundamental Freedoms and European Union law.
The ECHR and the EU law (the latter, in particular, through the Charter of Fundamental Rights) provide individuals with a series of procedural guarantees whose compliance is the basis for the "fair trial".
The administrative trial, however, presents some peculiarities that generate a number of doubts in the practical application of such guarantees.
The Public Administration (necessary part of this judgment) from the procedural stage is already bound to comply with certain principles (therefore much earlier than the commencement of any litigation). Such principles are imposed by the law, Constitution, ECHR and EU law in order to achieve a "fair administrative trial". By consequence, the administrative act should therefore be "legitimate" in itself.
Furthermore, while the claimant is pursuing its own (legitimate) individual interest, which may have been harmed by the contested measure or unlawful conduct adopted by the Public Administration, the aim pursued by the administration itself is only the overall interest of the community.
The administrative trial contains an internal asymmetry between the positions of the parties involved. Such asymmetry is originated by the presumption of legality of the administrative actions, as well as by the public interest on which it is linked. In fact, under Italian law, as well as in most European countries, Administrative trial has always been separated from the civil trial.
The question of the balance between the values at stake as a fundamental valuation criteria for the Constitutional Court, the Court of Human Rights and the Court of Justice, is absolutely unique in this field. How much the procedural rights of the individuals shall be safeguarded when such protection inevitably collides with the overriding public interest that the Public Administration shall enforce (which in turn takes the form of defense of other fundamental values, also protected by the Constitution, the ECHR and Union law)?
In the development of this work the way in which the European Court of Human Rights and the Court of Justice deal with this difficult balance will also be analyzed. The analysis will be focused in particular on the case law of the Italian administrative procedure law.
In addition, special attention will be paid to the way the Italian Constitutional Court, the Court of Cassation and the Trial Court deal with the jurisprudence of the European courts. The outcome is the finding of the existence of various levels of dialectical relationship between the jurisdictions which are characterized by moments of dialogue and other of breaking.
Therefore the target is finding an "European" concept of "administrative fair trial" and analyzing in which way it practically develops within the Italian law.
In this sense, no one can hardly overlook the objective efforts made by the legislator who, through the reform of article 111 of the Constitution and the entry into force of the Code of Administrative Procedure (CPA), has shown the intention of incorporating into our system the principles of fair trial as outlined (also) through an alignment of the levels of protection granted in the civil and in the administrative trial.
However, despite these efforts, in some fields of Italian procedural law, it still persists a situation of advantage in favour to the Public Administration.
The work is divided in three chapters.
In the first one, after an overview of the universal generic obligations suitable to affect the administrative process in Europe, we will try to determine which guarantees the ECHR and the EU law (and, particularly, the Bill of Rights) are applicable to the administrative trial.
In the second, the investigation focuses on the ways the Italian law suits the procedural guarantees of the ECHR and the EU law and on the possible intersections (both from the perspective of conflict and integration) between such guarantees or between them and the Constitution. This will be obtained by not forgetting the need for a coordination between the jurisprudence of the European Court of Justice, European Court of Human Rights and Constitutional Court.
In the third chapter, after a brief presentation of the Italian system of split of jurisdiction, the investigation focuses on the manner in which the domestic, international and EU courts have organized the delicate balance that is studied in this work. This is done by outlining some problematic issues that arise in practice in the application of the principle of fair trial in the Italian administrative procedural system.
To do this, it will be indicated some possible solutions related to certain interpretative issues still unresolved in our domestic law, or about cases of clear incompatibility between Italian law and the principle of fair trial, through an interpretation of internal rules that guarantees the enforcement of human rights.
Upon completion of this work, based on the outcome outlined herein, the reader shall be able to understand if the process of development of the individuals' rights in the administrative process has arrived at a stable point of compromise between opposing interests, or rather should continue and overlaps to areas where the public administration still enjoys the typical privileges deriving from its particular status
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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