290 research outputs found
La proposta di regolamento sull'intelligenza artificiale e la protezione dei dati personali
No full textCosa resta della globalizzazione?
No full textIl lavoro tratta delle conseguenze dell'emergenze di nodi critici nel funzionamento della globalizzazione economica (come questa si è andata strutturando nel corso del XX secolo)
Contaldi, Gianluca, Diritto europeo dell’economia
No full textQuesto articolo recensioni: Contaldi, Gianluca, Diritto europeo dell’economia, G. Giappichelli Editore, Torino, 2019, pp. VIII-329
La tutela degli interessi collettivi nel diritto dell'Unione europea
No full textAs a result of some scandals (such as that of Dieselgate), collective actions have recently returned to the fore. While these mechanisms are particularly common in the United States, the European Union has always been quite dubious about the adoption of a comprehensive regulation on the matter. In recent times, however, as a result of the Commission's initiative, they have come back into vogue. In particular, the Commission presented a proposal of a directive on the protection of collective consumer interests in April 2018. The legislative procedure has gone ahead and it is now nearing its conclusion. In this context it is appropriate to evaluate, both the legitimacy of the action of the European political institutions, with regard to the division of competences in procedural matters, and the need for the same, in the light of certain provisions of the Charter of Fundamental Rights of the European Union. In particular, according to the author, an action by European institutions is necessary with reference to articles 37 and 38 of the Charter, concerning, respectively, the protection of the environment and consumers. In fact, in the absence of specific instruments for the protection of collective interests, the rights of these two categories would remain devoid of effective judicial protection, in sharp contrast with Section 47 of the same regulatory instrument. In this context, the author examines the current state of European legislation with reference to access to justice in environmental issues and the judicial protection of consumer rights
Aiuti di stato e crisi economica internazionale
No full textValutazione giuridica dell'operato della Commissione europea per affrontare la crisi economica internazionale e della compatibilità degli strumenti impiegati con il Trattato istitutiv
G. Moens, J. Trone, Commercial Law of the European Union, Heidelberg, Springer, 2010
No full textMoens, Trone, Commercial Law of the European Unio
Stiamo realmente assistendo ad un cambio di paradigma del concetto di solidarietà economica nel diritto dell’Unione europea?
No full textIt is commonly assumed that the EU’s Next Generation EU Programme reflects a widespread idea of solidarity. Instead, it is an evolution of the largely selfish notion that shaped the evolution of European economic policy in the years just after the sovereign debt crisis. While it is unquestionably true that the original idea of the programme falls within this perspective, its practical implementation raises some concerns both in terms of its ability to achieve effective solidarity between Member States and of intergenerational solidarity itself (according to both directions of Art. 3(3) TEU).
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The legal limits to the ECB's action in the conduct of monetary policy and in the exercise of prudential supervision
No full textIl Recovery Fund
No full textThe Next Generation EU (also called Recovery Fund for its function of restructuring the economy of the member States, after the COVID-19 pandemic) is a plan with which the European Union aims to raise funds on the market through the issue of bonds and, subsequently, to disburse sums of money, including non-repayable funds, for the realization of projects of common European interest. With this plan, the EU intends to finance the so-called green transition, bridge the digital divide and, in addition, support the structural reforms necessary for each member State. The program is very ambitious and marks a turning point in the European Union’s approach to managing economic crises, in the sense that, instead of the so-called ‘austerity’, the supranational legislator prefers to finance investments capable of supporting growth and industrial reconversion. The paper analyzes the conclusions of the extraordinary meeting of the European Council in July and the main draft acts published by the European Commission. The author notes that the program presents certain provisions which, at first glance, may appear incompatible with the Treaty, such as the power of the Commission to issue bonds and the incidence of the no bail-out clause on the legitimacy of non-repayable aids. However, these doubts can be resolved in the light of the correct reading of the provisions of the Treaty on the Functioning of the European Union. The problem is that the Next Generation EU plan ends up restricting the already limited room for maneuver of national parliaments in defining economic policies, so it does not seem really lawful in the light of the democratic principle enshrined in Article 10 TEU
Intelligenza artificiale e dati personali
No full textThe European Commission, on April 21, 2021, adopted a legislative proposal of a regulation on artificial intelligence.
This proposal was formulated after a long preparatory work, in which all the political institutions of the EU have been involved.
The proposal does not intend to interfere with the regulatory framework for the protection of personal data (regulation 2016/679).
However, there appears to be some overlap between the two sources of EU law. These overlaps concern the principle of consent, the so called minimization, the pseudoanonymization, the improper use of involuntary discriminatory biases and the right to the explanation of the outcome of a specific system of artificial intelligence.
The author tries to overcome the overlaps and the disharmonies due to the cumulative application of the two sources of EU law (reg. 2016/679 and the future regulation on AI), but it would be better for the European legislator to clarify how to solve the difficulties discending from the application of the GDPR to artificial intelligence systems
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