La domanda di arbitrato: contenuto ed effetti

Il contenuto della domanda arbitrale. Gli effetti sostanziali della domanda di arbitrato. Gli effetti processuali della domanda di arbitrato. La forma della domanda arbitrale.Il contenuto della domanda arbitrale. Gli effetti sostanziali della domanda di arbitrato. Gli effetti processuali della domanda di arbitrato. La forma della domanda arbitrale.LUISS PhD Thesi

Co-creating products with customers

How does customer co-creation affect R&D and marketing strategy? The role of trust in co-creation activities. Brand experience in co-creation activities.How does customer co-creation affect R&D and marketing strategy? The role of trust in co-creation activities. Brand experience in co-creation activities.LUISS PhD Thesi

Constitutional provisions and health care services for illegal immigrants in some federal and regional EU member States: looking for best practices

This paper deals with the health care services provided to illegal immigrants in three EU member States: Italy, Germany and Spain. The three countries have been chosen since they represent different levels of sub-national autonomy: a federal (Germany), a regional (Italy) and a community system (Spain). These three models provide different competences to Länder, regions and autonomous communities regarding health care services for illegal immigrants. In its first part, this paper describes the patterns of health protection adopted in the mentioned countries, in order to show differences and similarities, but also to evaluate possible best practices which allow better and more efficient services in this area. The second part of the paper illustrates special forms of health care services granted at local level. This represents a change of perspective which shows that local interventions and projects seem to be more effective than programs conducted at sub-national level. The paper concludes with the description of successful strategies and examples which could be adopted or implemented also at regional level, improving the quality of health care services granted to illegal immigrants.This paper deals with the health care services provided to illegal immigrants in three EU member States: Italy, Germany and Spain. The three countries have been chosen since they represent different levels of sub-national autonomy: a federal (Germany), a regional (Italy) and a community system (Spain). These three models provide different competences to Länder, regions and autonomous communities regarding health care services for illegal immigrants. In its first part, this paper describes the patterns of health protection adopted in the mentioned countries, in order to show differences and similarities, but also to evaluate possible best practices which allow better and more efficient services in this area. The second part of the paper illustrates special forms of health care services granted at local level. This represents a change of perspective which shows that local interventions and projects seem to be more effective than programs conducted at sub-national level. The paper concludes with the description of successful strategies and examples which could be adopted or implemented also at regional level, improving the quality of health care services granted to illegal immigrants.Refereed Working Papers / of international relevanc

The Euro crisis and the constitutional disorder of the European Union

The Lisbon Treaty is the outcome of several constitutional compromises. The compromise between the supranational and the intergovernmental views of the European Union (EU), the compromise between the member states engaged in building a European Monetary Union (EMU) and those allowed to opt-out from it and the compromise, within the EMU, between a centralized approach to monetary policy and decentralized economic, fiscal and budgetary policies, constrained however within the formalized rules of the Stability and Growth Pact (SGP). The euro crisis has called into question this multiple constitutional setting. The balance between supranational and intergovernmental views has been upset in favour of the former. The approval of new intergovernmental treaties has made crystal clear the separation of interests between the EMU and the opt-out member states (the United Kingdom in specific). The inefficacy of the voluntary coordination between national governments in dealing with the euro crisis has brought to an unprecedented centralization and judicialization in the governance of the common currency. In the constitutional disorder induced by the euro crisis the EU has assumed specific institutional, legal and ideological configurations.The Lisbon Treaty is the outcome of several constitutional compromises. The compromise between the supranational and the intergovernmental views of the European Union (EU), the compromise between the member states engaged in building a European Monetary Union (EMU) and those allowed to opt-out from it and the compromise, within the EMU, between a centralized approach to monetary policy and decentralized economic, fiscal and budgetary policies, constrained however within the formalized rules of the Stability and Growth Pact (SGP). The euro crisis has called into question this multiple constitutional setting. The balance between supranational and intergovernmental views has been upset in favour of the former. The approval of new intergovernmental treaties has made crystal clear the separation of interests between the EMU and the opt-out member states (the United Kingdom in specific). The inefficacy of the voluntary coordination between national governments in dealing with the euro crisis has brought to an unprecedented centralization and judicialization in the governance of the common currency. In the constitutional disorder induced by the euro crisis the EU has assumed specific institutional, legal and ideological configurations.Refereed Working Papers / of international relevanc

Heterogeneity, commonality and interdependence in the euro area: size and dynamics of fiscal spillover effects in macroeconomic-financial linkages

The paper develops empirical measures to estimate the strength and dymanic of fiscal spillover effects in the Euro Area. It moves for estimating a Bayesian VAR model of real and financial variables in order to examine in depth economic policy coordination and policy making, with a strong attention on the current financial crisis. Spillovers are estimated recursively with weakly-exogenous common factors. The aim of the project accounts for interdependencies across countries within the Euro Area and derives impulse response functions and conditional forecasts with the output of an Monte Carlo Marco Chain (MCMC) routine. However, the paper attempts to estimate the systemic contribution and cross-country transmission of unexpected shocks on the productivity in the EA between June 1995 and March 2014. Overall, the positive impact on outputs in the financial dimension indicates the importance of coordinated fiscal actions in the EA. Shocks overflow in a heterogeneous way across countries. Moreover, financial variables show higher amplification of spillover effects which can be seen as a result of increased interdependence between variables. Finally, the analysis is consistent and robust with the more recent literature on business cycles, which recognizes the importance of both group-specific and global factors in evaluating cross-country spillovers and responses to an unexpected shocks.The paper develops empirical measures to estimate the strength and dymanic of fiscal spillover effects in the Euro Area. It moves for estimating a Bayesian VAR model of real and financial variables in order to examine in depth economic policy coordination and policy making, with a strong attention on the current financial crisis. Spillovers are estimated recursively with weakly-exogenous common factors. The aim of the project accounts for interdependencies across countries within the Euro Area and derives impulse response functions and conditional forecasts with the output of an Monte Carlo Marco Chain (MCMC) routine. However, the paper attempts to estimate the systemic contribution and cross-country transmission of unexpected shocks on the productivity in the EA between June 1995 and March 2014. Overall, the positive impact on outputs in the financial dimension indicates the importance of coordinated fiscal actions in the EA. Shocks overflow in a heterogeneous way across countries. Moreover, financial variables show higher amplification of spillover effects which can be seen as a result of increased interdependence between variables. Finally, the analysis is consistent and robust with the more recent literature on business cycles, which recognizes the importance of both group-specific and global factors in evaluating cross-country spillovers and responses to an unexpected shocks.LUISS PhD Thesi

I concetti giuridici indeterminati: comparazione tra sistemi giuridici e analisi economica del diritto

I concetti giuridici indeterminati nel diritto tedesco: evoluzione del dibattito dottrinale e giurisprudenziale e spunti per una comparazione. Concetti giuridici indeterminati e sindacato giudiziale negli Stati Uniti. Concetti giuridici indeterminati, spada dell’amministrazione e bilancia del giudice tra diritto comparato e analisi economica del diritto.I concetti giuridici indeterminati nel diritto tedesco: evoluzione del dibattito dottrinale e giurisprudenziale e spunti per una comparazione. Concetti giuridici indeterminati e sindacato giudiziale negli Stati Uniti. Concetti giuridici indeterminati, spada dell’amministrazione e bilancia del giudice tra diritto comparato e analisi economica del diritto.LUISS PhD Thesi

Il ruolo delle agenzie di rating nel mercato finanziario

Le agenzie di rating: in generale. Funzioni, finalità e regolamentazione del rating. Problematiche attuali dell'attività di rating.Le agenzie di rating: in generale. Funzioni, finalità e regolamentazione del rating. Problematiche attuali dell'attività di rating.LUISS PhD Thesi

Digital artifacts development and evolution: who has the control/supremacy? A story of UNIX developmental trajectories read from institutional theory perspective

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La partecipazione delle regioni alla elaborazione delle politiche europee: analisi comparata dei meccanismi di partecipazione tra modelli istituzionali e paraistituzionali di governance

Il problematico rapporto tra regioni e Unione europea. La partecipazione delle Regioni ai processi decisionali relativi alle normative europee alla luce del Trattato di Lisbona. La fase ascendente statale e regionale nel diritto interno: evoluzione normativa e individuazione delle best practices. La partecipazione alla elaborazione del diritto europeo della Regione Emilia-Romagna. La fase ascendente nella Comunidad autonoma de la Cataloña. La fase ascendente regionale dell’Emilia-Romagna e della Catalogna: profili problematici comuni e spunti di riflessione per possibili soluzioni.Il problematico rapporto tra regioni e Unione europea. La partecipazione delle Regioni ai processi decisionali relativi alle normative europee alla luce del Trattato di Lisbona. La fase ascendente statale e regionale nel diritto interno: evoluzione normativa e individuazione delle best practices. La partecipazione alla elaborazione del diritto europeo della Regione Emilia-Romagna. La fase ascendente nella Comunidad autonoma de la Cataloña. La fase ascendente regionale dell’Emilia-Romagna e della Catalogna: profili problematici comuni e spunti di riflessione per possibili soluzioni.LUISS PhD Thesi

Form and function in doing business rankings: is investor protection in Italy still so bad?

The World Bank’s Doing Business Report (DBR) ranks every year numerous jurisdictions across the globe according to their ability to facilitate business activities. Among the indexes contributing to the definition of the global competitiveness of the legislations, the “Protecting investors index” (PII) measures the protection of minority shareholders in listed companies. In this paper, we analyse the DBR’s assessment of the Italian regulatory framework on investor protection. We find that the PII falls short of properly evaluating the applicable rules. First, it underrates Italy because the DBR evaluation falls short of properly evaluating the role performed by independent directors under Italian rules on related party transactions. In particular, the DBR fails to properly account for independent directors’ power to veto unfair transactions before they are submitted to the board, a safeguard that ensures minority investors’ protection at least as well as mandatory abstention by conflicted directors. Second, past DBR overrated the PII, so that subsequent reforms that substantially improved investor protection have not been grasped by more recent assessments, giving the misleading impression that no relevant changes have occurred. Far from representing one of the multiple coding errors reported in the literature, these flaws aptly show that the DBR methodology, while correctly attempting to preserve consistency in the evaluation of different jurisdictions, adopts an excessively formalistic approach and disregards the function of the rules it scrutinizes. In light of the influence that the DBR exerts on national policymakers, this approach is detrimental because it might induce window-dressing reforms. Moreover, it may rule out experimentation, which is key to ensuring that the applicable rules keep pace with the variety of techniques adopted to expropriate minority shareholders.The World Bank’s Doing Business Report (DBR) ranks every year numerous jurisdictions across the globe according to their ability to facilitate business activities. Among the indexes contributing to the definition of the global competitiveness of the legislations, the “Protecting investors index” (PII) measures the protection of minority shareholders in listed companies. In this paper, we analyse the DBR’s assessment of the Italian regulatory framework on investor protection. We find that the PII falls short of properly evaluating the applicable rules. First, it underrates Italy because the DBR evaluation falls short of properly evaluating the role performed by independent directors under Italian rules on related party transactions. In particular, the DBR fails to properly account for independent directors’ power to veto unfair transactions before they are submitted to the board, a safeguard that ensures minority investors’ protection at least as well as mandatory abstention by conflicted directors. Second, past DBR overrated the PII, so that subsequent reforms that substantially improved investor protection have not been grasped by more recent assessments, giving the misleading impression that no relevant changes have occurred. Far from representing one of the multiple coding errors reported in the literature, these flaws aptly show that the DBR methodology, while correctly attempting to preserve consistency in the evaluation of different jurisdictions, adopts an excessively formalistic approach and disregards the function of the rules it scrutinizes. In light of the influence that the DBR exerts on national policymakers, this approach is detrimental because it might induce window-dressing reforms. Moreover, it may rule out experimentation, which is key to ensuring that the applicable rules keep pace with the variety of techniques adopted to expropriate minority shareholders.Refereed Working Papers / of international relevanc