Research Activities – Law Faculty – Research Strands
Scientific - Disciplinary Sector IUS/01 Privte Law
Prof. Vincenzo Carbone - Associate Professor
Dott. Francesca Maschio – Researcher
The research activity of Prof. Vincenzo Carbone is aimed at studying the evolution of the “living” law in Italy through a systematic analysis of the jurisprudential rulings of the joint chambers of the Cassation Court (Corte di Cassazione) and of other supreme courts intervening on questions of principle pertaining to private law. As main issue of this research work that one of ex-lege obligations was developed and as regards the enlargement of the application of the non-compliance responsibility discipline (art. 1218 of Civil Code) in terms of damage the enlargement of the an debeatur and a tendency to reduce the quantum debeatur were stressed.
Dr. Maschio’s research activity was mainly devoted to study the evolution of contract regulations and of the consumer’s protection in the corporate activity carried out on international scale. The current national consumers‘ contract rules (in Italy as in most of the Member States of the European Union) poses increasingly evolving interdisciplinary questions as regards the implantation of various Community directives (as regards services, consumers’ rights, competition etc.). Special attention was devoted to (civil, administrative, criminal) penalty patterns aimed at combating criminal acts on the Internet.
On behalf of UNINETTUNO Law Faculty, as prime contractor, Dr. Maschio gave a contribution to the preparation and submission of a European project proposal under Horizon 2020, "European Civic Service" EURO-3-2014, and she is preparing an application for the Horizon 2020 European project proposal, "Towards a new geopolitical order in the South and East Mediterranean region INT-07-2015".
Dr. Maschio gave also a contribution to the preparation and signature of the "Convenzione di Collaborazione e di Ricerca con il Consiglio Nazionale Forense", to the "Colloqui del Diritto Vivente", acknowledge by the CNF for Lawyers’ Lifelong Educationl purposes, to the "Convenzione di Collaborazione per Studi e Ricerca Internazionale con il CIPSI". On the research issues on which she works, Dr. Maschio was invited as visiting professor by the University of Washington, School of Law, by the Polytechnic of Beja, Law Department and by the Polytechnic of Dresden - Faculty of Law, in 2013/2014 academic year and by the Center for Advanced Studies on Intellectual Property in Strasbourg in 2014/2015.
The research project with the Polytechnic of Beja, Law Department, planned and started in 2013/2014 academic year, dealing with the protection of the consumer in the corporate activity carried out on international scale (notably the balance between privacy protection and the right to information, the assurance of users’ privacy and security in e-commerce) represented the basis for the Inter-Institutional Erasmus Agreement that was signed between the two Universities for their Law Faculties, as for the exchange of teachers and of students as well. The two Institutions have already started their teachers and students exchange in 2013/2014 year and confirmed it for 2014/2015 academic year as well as a joint participation to the International Conference on Internet Security and Cybercrime (Beja, 5-8 May 2014) and in the Thirteenth International Conference on Substantive Technology in Legal Education and Practice "Tech-in-Law_SubTech2014" (Vienna, 10-12 July 2014).
Scientific – Disciplinary Sector IUS/02 COMPARATIVE PRIVATE LAW
Prof. Massimiliano Marotta – Associate Professor
Prof. Pier Vincenzo Pacileo – Associate Professor
Prof. Marotta’s research program for 2014 year dealt with the European regulatory system, from a comparative perspective, as regards the main contract specific cases in the energy sector (oil and gas),from a juridical-economic viewpoint. The objective of this research work is to gain an insight on the reasons for the regulatory options being adopted, of origins of the main clauses characterizing their structure, of the actors involved (large companies from one side, states and business or states trusts (i.e. OPEC) from the other side) as well as the identification of the best practices.
In particular, the proposed survey is focused on the regulatory sources currently in force (rules of the single states, national and regional and community rules) on the acts of the regulatory agencies, on case-law as well as on the evolution, timing and different actors considered from a national and international perspective. The research work develops also thanks to the consultation of materials coming from E.N.I.
In addition, the project development methodology is based on the collection of open-source and company materials (where possible) of contract or technical character. On the basis of the collected materials the realization of a contract modeling, with a specific focus on the model supplied by the internal law, where the contract among private parties appears to have become also an instrument for a publicist regulation of the market (through measures taken by regulatory public authorities).
From the perspective of civil law systems, this research aims at emphasizing the effect of breaking the single business activity, vertically integrated, resulting in an enlargement of the number of individuals participating in the production activities of exchange, increase of relations and diversification of tasks. We shifted from a system in which the electricity supply service required a simple conclusion of a supply contract to a system in which the customer enters, jointly with a sale contract, also that of distribution and dispatching. At present, for each one of the four phases, we can count so many contract types and so many contract regulations and, in this respect, contract types currently in use in practice and in the various levels of the production industry were taken into account.
Prof. Pacileo’s research activity was mainly aimed at deepening the comparative analysis of the regulatory system of the television industries of the European Union’s Member States. Special attention was devoted to the question of the convergence between communication means (television and the Internet) and to possible reasons for survival of a television public service in the new setting.
Scientific – Disciplinary Sector IUS/04 BUSINESS LAW
Prof. Mario Libertini – Associate Professor
Dr. Roberta Colaiori – Researcher
The research activity of Prof. Mario Libertini was aimed at completing some projects already launched in another university that resulted in the publication of a volume including wide systematic treatment of the European Union’s competition law. (Edizioni Giuffrè, 2014) and into a systematic collection of comments to the competition law cases (in collaboration with Prof. Genovese of the University of Verona). Prof. Libertini’s research activity of the year resulted, among his main contributions, in an essay on "Tutela e Promozione delle creazioni intellettuali e limiti funzionali della proprietà intellettuale" (A.I.D.A., 2014) and in an essay on the issue "Contrattualismo ed Istituzionalismo nel Diritto societario" (Giur.comm. 2014).
The research activity of Dr. Colaiori was structured on for research strands.
The first research strand resulted in the publication of a contribution: Colaiori R., L'informazione idonea nell'investimento obbligazionario, in Il Foro Padano, n. 2, p. I, 2014, cc. 202-218, commenting the verdict of the Tribunal of Bologna, of the 21st September 2012 (Presidente, Matteucci, Drafter, Spagnolo). The case was about an investment on «Cirio» bonds for which the investor, after the deliver’s bankruptcy, sues the intermediary. More specifically, the investor submitted a request for cancelling the contract of bond purchase, for terminating it due to non-compliance as well for damage compensation. The enquiry was aimed at establishing a possible point of settlement among collective interests in savings investments, of credit assets supply and the investor’s access to compensation allowing to redress the contract balance.
In the frame work of the study in progress and as regard the financial performance of the mutualist company this research work analyzed the relationship existing between the community property regime between husband and wife and that of mutualist advantage; under cover of the relatively recent legislative provisions about repayments (art. 2545 sexies of the Civil Code) which was an incentive for a rereading of the rules for community property regime between married people. More specifically the study (which resulted in an essay:
Colaiori R., Comunione coniugale e vantaggio mutualistico, destinato agli Studi su Persona e attività economica tra libertà e regole in onore di Diego Corapi, to be published) analysed the profiles that have to guide the interpreter in redressing the mutualilst advantage in the legal community property regime of “purchases” (art. 177, lett. a, c.c.) or in that «of earnings» (lett. b).
The third research strand aimed at checking, lacking legislative provisions, the most appropriate advertising mode to make the opposable to third parties a link on a real estate put in favor of the investment joint fund of the society managing the funds. The study (which was the subject of two already published essays: Colaiori R., Pubblicità del vincolo e articolazione patrimoniale: questione a margine di una recente sentenza in tema di fondi comuni di investimento, in Il Foro Padano, n. 2, 2012, I, cc. 171-184; Colaiori R., La destinazione intrasoggettiva nel sistema dei fondi comuni d'investimento, in Rivista del Notariato, n. 1, p. I, 2014, pp. 11-31) aimed at checking the possibilità of that the formalization of the bind works, in this case, as a provision binding the real estate property to the fund and not to a person.
Finally, the fourth research strand aimed at stimulating reflections on accounting control in public limited liability companies. This work, being currently refereed, is to be included into the volume on public limited liability companies of the Treaty supervised by Giovanni Iudica and Paolo Zatti, Giuffrè, soon to be published.
Scientific – Disciplinary Sector IUS/07 LABOUR LAW
Dr. Flavia Schiavetti – Researcher
Dr. Schiavetti’s research activity is focused on the innovations, that in the last two years, have completely changed labor laws, trade unions’ laws and industrial relations. More specifically, three study strands will be considered.
First of all, the research activity was devoted to the issue of transnational outsourcing paying particular attention on the posted workers arrangement and on the problem of the law applicable in the various countries, both as regards the European Union’s Member States and those under the international law.
A second study strand goes into the issue of the Unique Text on representation of the 10th January 2014 by which they significantly modified the Italian industrial relations system envisaging an agreement-based discipline of measuring the representativeness of trade union members by conferring erga-omnes effectiveness to collective labor agreements entered based on the prescribed procedure.
Additionally, the participation in a research group (supervised by Prof. Arturo Maresca of the University of Rome) on conventional and legal limitations to the right to strike which sees also the participation of professors, researchers and expert of the subject of various Italian universities, was launched.
Scientific – Disciplinary Sector IUS/09 CONSTITUTIONAL LAW
Dr. Federica Fabrizzi – Researcher
The research program of Dr. Fabrizzi is mainly – even if not exclusively - focused on the study of governance at the level of large areas, as provinces or metropolitan cities and, more in general, on the concept of “optimum size” as regards administration.
The study of the evolution of regulations on local boards and in particular on provinces, with the recent institutional events which have strongly put into question their role so as to lead to a possible cancellation of the province board among the number of the Republic’s constitutive boards, has already resulted into a monographic work published in July 2012; the legislative novelties and juridical developments – with particular reference to the verdict of the Constitutional Court nr. 220/2013 which established the constitutional unlawfulness of two provisions regarding the provinces approved by Monti’s Government, the approval of the law nr. 56/2014 and the implementation phase of the above-mentioned law indicate, nonetheless, the need to keep on analyzing this issue, not only monitoring the evolution of the political-institutional debate on this point, but also studying more in depth and from a more theoretical viewpoint – detached from the contingencies of the discussion taking place in the Parliament – the concept of “government of wide areas”.
Scientific – Disciplinary Sector IUS/10 ADMINISTGRATIVE LAW
Prof. Marcello Collevecchio – Associate Professor
Prof. Roberto Giovagnoli – Associate Professor
Prof. Collevecchio’s research activity has been firstly devoted to the continuation of his task of coordinator of the Observatory of the “Federalismi” journal dealing with healthcare law and focusing on the main questions and case laws in the field of public and private healthcare. This activity was accompanied by a research and more-in-depth study program on the new European sources regarding public procurements and grants and the internal reforms introduced through the decrees on the “spending review”, through the anti-corruption law and with the “transparency” decree and the rules regarding the digitization of the public administration.
The research activity of Prof. Giovagnoli is aimed at preparing publications on the following issues: (i) administrative justice (also as regards efficiency aspects and the impact on the system of verdicts); (ii) civil liability of the Public Administration; (iii) independent administrative authorities and extent of the juridical administrative control; (iv) public contracts and power of self-protectio of the public administration.
Scientific – Disciplinary Sector IUS/12 TAX LAW
Prof. Francesco Ardito – Associate Professor
Prof. Ardito’s research program envisages, first of all, the publication of the third edition of the volume "Diritto penale tributario" (Zanichelli).
Also as regards criminal tax law some questions relating to the crimes of failure to pay in the event of liquidity crisis will be analyzed.
Other articles on speecialized journals dealing with tax assessment and business income are also being prepared. More specifically they will analyze the following issues:
- Tax avoidance;
- Inspective powers;
- Rights of the tax payer in relation with the provisions of hte law nr. 212/2000 (Charter of the Tax Payer).
Scientific – Disciplinary Sector IUS/13 INTERNATIONAL LAW
Dr. Flavia Zorzi Giustiniani – Researcher
Dr. Zorzi Giustiniani is the national coordinator of a FIRB 2012 project on theme of international law of disasters (International Disaster Response Law). The project can boast the primacy of being the only project in its genre in the juridical area to have been funded by MIUR (Italian Ministry of Education, University and Research) in 2012. Within this project UNINETTUNO’s unit intend to study the obligations referring to the territorial State and the related rights of the people victims of an emergency situation.
In this framework, in December 2013, a conference dealing with the protection and conservation of the cultural heritage from the risks related to natural and anthropic disasters was organized. During the following spring the four project units, in partnership with the Red Cross International Federation organized an international workshop at the International Institute of Humanitarian Law of Sanremo.
In the framework of the sectors of international law and of the European Union’s law the research activities focused, firstly, on the protection of the refugees entering the territory of the Union in the light of the changes introduced by the Directive 2013/33.
A second research strand dealt with the responsibility of the States of origin of the refugees, an issue that has been considered a taboo for quite a long time and, consequently, was largely ignored by the doctrinal studies.
A final research issue developed in 2014 deals with the protection of internally displaced children.
In 2014 Prof. Zorzi Giustiniani earned a scientific qualification as associate professor for the scientific-disciplinary sector IUS/13.
Scientific – Disciplinary Sector IUS/16 CRIMINAL PROCEDURAL LAW
Prof. Renato Borzone – Associate Professor
Prof. Silverio Sica– Associate Professor
Prof. Renato Borzone’s research activity was mainly aimed at studying and analyzing the arrangements of criminal trial through a systematic analysis of the doctrine and of the case law of the Constitutional Court and of the Cassation Court (Corte di Cassazione).
More specifically, the more-in-depth study will treat, in details, the various steps of the phase of criminal trial, studied jointly with general arrangement of the criminal trial and taking into account the latest legislative reforms and the main approaches of the case law. The criminal trial, as defined by our criminal procedural law, represents the core of the mainly accusatory system chosen by the legislator in 1989 and regulates the fundamental mechanisms of fact-finding and of evidence gathering, beside regulating the new techniques for the introduction of the verbal evidence (in particular, the so-called cross examination) putting into practice the principle of the adversarial trial envisaged by the Constitution and by the European Court of Human Rights.
This more-in-depth study and analysis of such innovative approaches, which are also characterized by references to juridical practices, will represent a further subject of study and deepening of this research work in question.
Scientific – Disciplinary Sector IUS/17 CRIMINAL LAW
Prof. Silvia Massi – Associate Professor
Prof. Massi’s research activity was aimed at studying some issues of a special section of criminal law of particular current concern, such as internal and international corruption as well as penal protection of work security that were also enhanced by the latest Italian laws. These research programs envisage the deepening of these issues from the perspective of the responsibility of an organization for such violations, aiming at studying the mechanisms linked to organizational models and, therefore, to the idea of “ organization’s guilt” in relation to the theory of penal guilty in general. In 2014 Prof. Massi earned a national scientific qualification as associate professor for the scientific-disciplinary sector IUS/17.
Scientific – Disciplinary Sector IUS/18 ROMAN LAW AND LAW IN ANCIENT TIMES
Prof. Vincenzo Giuffrè – Associate Professor
Prof. Giuffrè takes part in the PRIN project (year 2009) entitled "Cultura giuridica romana e bilinguismo: lessico dei giuristi, traduzioni dei testi normativi, glossari latino-greci" coordinated by Prof. Carla Masi Doria. Prof. Giuffrè takes part alaso int the FARO project (Finanziamenti per l'Avvio di Ricerche Originali) entitled (year 2014) "Fondamenti storici, analisi teorica, operatività pratica delle 'regulae iuris' nella dimensione del diritto europeo" (CNR, Università of Naples "Federico II'', Tubingen, Warsaw, Milan, Salerno, Verona) coordinated by Prof. Carla Masi Doria.
Scientific-Disciplinary Sector IUS/20 PHILOSOPHY OF LAW
Prof. Caterina Flick – Associate Professor
Dr. Maria Chiara Lipari – Researcher
The research activity of Prof. Flick of the University of Pisa – Computer Science Department, is based on a collaboration in the framework of the university research of national interest (MIUR 2007) on the question: ANONIMO – computer-based and legal methods for the protection of privacy and anonymity – issues being treated: discrimination.
The research activity of Dr. Lipari is aimed at going along the troublesome twists of the relationship between bios and law, notably through the conceptual filter off the idea of dignity and humanity (expanding on an essay entitled "Considerazioni sull'Utilità e il Danno dell'Idea di Umanità", which appeared in two parts on the journal, Politica del Diritto, n. 4, 2012 and n. 1, 2013). It is a study of the philosophical implications of the issue of the principle of non-refoulement of migrants (starting from the Hirsi Jamaa and other vs Italy judgment, penalizing Italy). This interest for the idea of humanity resumes and develops the studies about human dignity (the essay "La Dignità dello Straniero" in Politica del Diritto, n. 2 of 2006 and the monograph "Figure della Dignità Umana", 2008, Giuffré). The leitmotif of these studies can be retraced in the issue of identity, of a principium individuationis underlying the mechanisms of entitlement to rights, which, however, appears – in many extreme situation in which the idea of a “right to have rights” plays a significant role – dramatically oscillating between the dimension of zoé and that of bios. In 2014 it is expected the issue of an essay in two parts on Democrazia e Diritto whose title is: "Note sul Rapporto tra Verità e Necessità nel Discorso Politico", and of the final and expanded version of the monograph on the question of dignity, analyzed in its implications and overlapping with the idea of shame, in the wake of the relationship between dignity and shame, firstly perceived by Niklas Luhmann and then developed in the analyses of Martha Nussbaum. As regards the question of justice there is another monographic essay whose title is: "Modus e Dike", 2008, Giuffré.
Scientific – Disciplinary Sector IUS/21 COMPARATIVE PUBLIC LAW
Prof. Antonio Ferrara – Associate Professor
The research activity of Prof. Ferrara will see as its main engagement the implementation of a project which is underway in cooperation with Prof. Sandro Staiano (full professor of constitutional law at the University of Naples “Federico II”), for the editing of the volume "Lineamenti di Diritto Costituzionale della Regione Campania" in the frame work of the collection of regional constitutional law directed by Pasquale Costanzo and Antonio Ruggeri. This work is aimed at providing a comparative reading of the single regional juridical systems in the framework of the juridical system of the Italian Republic. The section treated by the work group coordinated by Prof. Ferrara is the one about regional administration, regional finances, external relations and policies in the field of cultural and environmental heritage, waste management and healthcare.