The institutionalization of project management: an analysis of the actors, strategies and paths that lead to the professionalization of a new discipline

Modern economy, especially over the last 20 years, and the continuous development of new technologies brought to the modification of society and the way people work. As a result, a number of new professional figures emerged and embarked on what has been historically termed a professional project. The focus of this thesis is on one of those new expert occupations: project management (PM). As new expert occupation, being hampered by multiple players with contrasting interests, it is forced to develop its professional projects in a new way differently from old and traditional, professions. Professionalization is then seen as the spatially and temporally contingent outcome of the negotiations between different actors (i.e.: professional associations, big corporations, State, universities), each with their own objectives, interests, resources, and capabilities. The used methodology is a qualitative case study made up of semi-structured interviews and archival data (retrieved trough websites, journals and newspapers) with all above mentioned actors. Thus, the methodological unit of analysis is Italian PM field. Setting the Italian field as a unit of analysis, I resorted to different archival data to demonstrate in a first moment how, around the discipline of PM, there is a growing interest and then I drew a comparison between the two main existing professional strategies. The strategies focus, on the one hand, on the struggle to compete in the private and public sectors, and, on the other hand, between national and international level. Thus this thesis is the first detailed and comprehensive study in the field of PM within the Italian context. To analyze the development of the PM professional project, I looked mainly at the three main PM professional associations that are active in this field: PMI, IPMA, and ISIPM. The result shows that the development of PM in Italy is following a new pattern of professionalization with distinctive characteristics either respect to traditional professions that to the new ones.Modern economy, especially over the last 20 years, and the continuous development of new technologies brought to the modification of society and the way people work. As a result, a number of new professional figures emerged and embarked on what has been historically termed a professional project. The focus of this thesis is on one of those new expert occupations: project management (PM). As new expert occupation, being hampered by multiple players with contrasting interests, it is forced to develop its professional projects in a new way differently from old and traditional, professions. Professionalization is then seen as the spatially and temporally contingent outcome of the negotiations between different actors (i.e.: professional associations, big corporations, State, universities), each with their own objectives, interests, resources, and capabilities. The used methodology is a qualitative case study made up of semi-structured interviews and archival data (retrieved trough websites, journals and newspapers) with all above mentioned actors. Thus, the methodological unit of analysis is Italian PM field. Setting the Italian field as a unit of analysis, I resorted to different archival data to demonstrate in a first moment how, around the discipline of PM, there is a growing interest and then I drew a comparison between the two main existing professional strategies. The strategies focus, on the one hand, on the struggle to compete in the private and public sectors, and, on the other hand, between national and international level. Thus this thesis is the first detailed and comprehensive study in the field of PM within the Italian context. To analyze the development of the PM professional project, I looked mainly at the three main PM professional associations that are active in this field: PMI, IPMA, and ISIPM. The result shows that the development of PM in Italy is following a new pattern of professionalization with distinctive characteristics either respect to traditional professions that to the new ones.LUISS PhD Thesi

The European Parliament elections of 2014

The European Parliament elections of 22-25 May 2014 had already been anticipated, before the vote, as potentially so relevant to become the first “true” European elections. Not only because of the economic crisis – which in recent years has seen the emergence of EU (and international) institutions as key players of economic policy for Euro member states, with relevant effects for the everyday life of citizens – but also due to the entry into force of the Lisbon Treaty, which has reinforced the link between the popular vote and the election of the President of the EU Commission. In this context, several commentators had anticipated a potential inadequacy of the consolidated theoretical framework that conceptualizes EP elections as second-order elections. In particular, European issues could be expected to gain a substantial importance in electoral campaigns, with a potential success of Eurosceptic parties due to their ability to politicize – in a negative direction – issues related to Europe and the Euro. A further question is then related to Italy: the third Eurozone economy, on the eve of assuming the Presidency of the EU, and with a government led by a young and energetic Matteo Renzi, but lacking an electoral legitimation. Also, a country that in 2013 saw the largest success of an anti-establishment party ever recorded in Europe. This leads to the main questions behind this book. What were electoral outcomes across Europe? Are we observing the first true first-order European elections? What factors might explain the heterogeneous electoral fortunes of Eurosceptic parties? And how should we interpret the success of the Renzi government in Italy? This book addresses these questions by presenting analyses performed by a large, international research group: for the first time, the CISE has expanded beyond its core group of Italian researchers, by assembling an additional research group of 26 young, brilliant electoral scholars from all across Europe. This allowed us to publish on the CISE website – few days after the elections – concise electoral reports about all 28 EU countries, which are now collected in this book, together with other analyses by the CISE core group. The result is a unique effort, providing – few weeks after the vote – fresh and detailed data, along with first interpretations of electoral results in all EU countries, in order to help practitioners, citizens and scholars develop a first impression – and overall interpretation – of these crucial European elections.The European Parliament elections of 22-25 May 2014 had already been anticipated, before the vote, as potentially so relevant to become the first “true” European elections. Not only because of the economic crisis – which in recent years has seen the emergence of EU (and international) institutions as key players of economic policy for Euro member states, with relevant effects for the everyday life of citizens – but also due to the entry into force of the Lisbon Treaty, which has reinforced the link between the popular vote and the election of the President of the EU Commission. In this context, several commentators had anticipated a potential inadequacy of the consolidated theoretical framework that conceptualizes EP elections as second-order elections. In particular, European issues could be expected to gain a substantial importance in electoral campaigns, with a potential success of Eurosceptic parties due to their ability to politicize – in a negative direction – issues related to Europe and the Euro. A further question is then related to Italy: the third Eurozone economy, on the eve of assuming the Presidency of the EU, and with a government led by a young and energetic Matteo Renzi, but lacking an electoral legitimation. Also, a country that in 2013 saw the largest success of an anti-establishment party ever recorded in Europe. This leads to the main questions behind this book. What were electoral outcomes across Europe? Are we observing the first true first-order European elections? What factors might explain the heterogeneous electoral fortunes of Eurosceptic parties? And how should we interpret the success of the Renzi government in Italy? This book addresses these questions by presenting analyses performed by a large, international research group: for the first time, the CISE has expanded beyond its core group of Italian researchers, by assembling an additional research group of 26 young, brilliant electoral scholars from all across Europe. This allowed us to publish on the CISE website – few days after the elections – concise electoral reports about all 28 EU countries, which are now collected in this book, together with other analyses by the CISE core group. The result is a unique effort, providing – few weeks after the vote – fresh and detailed data, along with first interpretations of electoral results in all EU countries, in order to help practitioners, citizens and scholars develop a first impression – and overall interpretation – of these crucial European elections.Monograph

Il trust nel diritto commerciale: il voting trust

L’istituto del trust e le sue peculiarità. Le applicazioni del trust nel diritto commerciale. Il voting trust.L’istituto del trust e le sue peculiarità. Le applicazioni del trust nel diritto commerciale. Il voting trust.LUISS PhD Thesi

From the Single Supervisory Mechanism to the Banking Union. The role of the ECB and the EBA

The agreement on the Single Supervisory Mechanism (SSM) is an important step to create an integrated banking system in Europe. In this article we look at the powers attributed to the ECB, from a legal perspective, in order to evaluate the SSM in the broader European architecture of banking supervision. We focus on three issues: the coexistence of more authorities with the same functions on a different perimeter of intermediaries in Europe, due to the UK decision to remain outside the SSM; the creation of a supervisory authority with weak regulatory powers (since these remain in the hands of European institutions and national legislators); and ambiguity over the competence to carry out early intervention powers. These issues should be addressed to increase the effectiveness of supervision. To this end, first we need an “umbrella authority” to coordinate supervision among all European countries (those that do and do not adhere to the SSM); this role could be played by the EBA. Second it is crucial to strengthen the powers of the ECB, in the regulatory field as well as for dealing with an impending crisis.The agreement on the Single Supervisory Mechanism (SSM) is an important step to create an integrated banking system in Europe. In this article we look at the powers attributed to the ECB, from a legal perspective, in order to evaluate the SSM in the broader European architecture of banking supervision. We focus on three issues: the coexistence of more authorities with the same functions on a different perimeter of intermediaries in Europe, due to the UK decision to remain outside the SSM; the creation of a supervisory authority with weak regulatory powers (since these remain in the hands of European institutions and national legislators); and ambiguity over the competence to carry out early intervention powers. These issues should be addressed to increase the effectiveness of supervision. To this end, first we need an “umbrella authority” to coordinate supervision among all European countries (those that do and do not adhere to the SSM); this role could be played by the EBA. Second it is crucial to strengthen the powers of the ECB, in the regulatory field as well as for dealing with an impending crisis.Refereed Working Papers / of international relevanc

Le operazioni di venture capital

Brevi cenni introduttivi sul private equity e sulla sua origine: definizione di venture capital. Le fasi del ciclo di business di un’impresa. I diversi tipi d’investimento di private equity e venture capital. Cenni introduttivi sull’attività di venture capital – il venture capital cycle. Raccolta dei fondi (fundraising). I fondi di investimento mobiliare chiusi. I fondi d’investimento chiusi nelle esperienze straniere. I fondi comuni d’investimento mobiliare chiusi di diritto italiano. Il processo di investimento. L’individuazione delle opportunità di investimento. Scelta dell’impresa nella quale investire. La fase di valutazione dell’impresa – due diligence. Determinazione del prezzo – criteri. Aggiustamenti del prezzo e gli accordi di earn-out. Gli aspetti legali. Gli aspetti legali – la lettera di intenti. Gli aspetti legali – l’impegno di confidenzialità e l’esclusiva. Gli aspetti legali: il contratto di compravendita. Gli aspetti legali: le dichiarazioni e garanzie. Note conclusive e rinvio ai capitoli successivi. La convivenza tra venture capitalist e socio “imprenditore”. La gestione dell’investimento. Cosa apporta il venture capitalist? La creazione del valore aggiunto. Il rapporto tra socio imprenditore e venture capitalist. Aspetti generali sulla disciplina dei patti parasociali. Previsioni parasociali relative alla gestione e al controllo dell’attività societaria. Meccanismi di enforcement del patto parasociale. Le classi di azioni e modelli diritti amministrativi. Deadlock. Limiti al trasferimento delle partecipazioni. L’importanza della fase di uscita dall’investimento. Come scegliere la way out. Quotazione. Trade sale. Secondary buy out. Il write off e le altre way out. Opzioni put. Opzioni call. L’obbligo di co-vendita: drag along. Il diritto di co-vendita – tag along. Osservazioni finali. Introduzione alla teoria di Schumpeter. La teoria dello sviluppo economico: la “distruzione creatrice”. L’imprenditore secondo Schumpeter ed il ruolo del “banchiere”. Venture capitalist e socio imprenditore: una relazione complicata? Il rapporto tra investitore e imprenditore: causa del successo o dell’insuccesso di un investimento. Proposte per lo sviluppo del venture capital.Brevi cenni introduttivi sul private equity e sulla sua origine: definizione di venture capital. Le fasi del ciclo di business di un’impresa. I diversi tipi d’investimento di private equity e venture capital. Cenni introduttivi sull’attività di venture capital – il venture capital cycle. Raccolta dei fondi (fundraising). I fondi di investimento mobiliare chiusi. I fondi d’investimento chiusi nelle esperienze straniere. I fondi comuni d’investimento mobiliare chiusi di diritto italiano. Il processo di investimento. L’individuazione delle opportunità di investimento. Scelta dell’impresa nella quale investire. La fase di valutazione dell’impresa – due diligence. Determinazione del prezzo – criteri. Aggiustamenti del prezzo e gli accordi di earn-out. Gli aspetti legali. Gli aspetti legali – la lettera di intenti. Gli aspetti legali – l’impegno di confidenzialità e l’esclusiva. Gli aspetti legali: il contratto di compravendita. Gli aspetti legali: le dichiarazioni e garanzie. Note conclusive e rinvio ai capitoli successivi. La convivenza tra venture capitalist e socio “imprenditore”. La gestione dell’investimento. Cosa apporta il venture capitalist? La creazione del valore aggiunto. Il rapporto tra socio imprenditore e venture capitalist. Aspetti generali sulla disciplina dei patti parasociali. Previsioni parasociali relative alla gestione e al controllo dell’attività societaria. Meccanismi di enforcement del patto parasociale. Le classi di azioni e modelli diritti amministrativi. Deadlock. Limiti al trasferimento delle partecipazioni. L’importanza della fase di uscita dall’investimento. Come scegliere la way out. Quotazione. Trade sale. Secondary buy out. Il write off e le altre way out. Opzioni put. Opzioni call. L’obbligo di co-vendita: drag along. Il diritto di co-vendita – tag along. Osservazioni finali. Introduzione alla teoria di Schumpeter. La teoria dello sviluppo economico: la “distruzione creatrice”. L’imprenditore secondo Schumpeter ed il ruolo del “banchiere”. Venture capitalist e socio imprenditore: una relazione complicata? Il rapporto tra investitore e imprenditore: causa del successo o dell’insuccesso di un investimento. Proposte per lo sviluppo del venture capital.LUISS PhD Thesi

The CJEU vis-à-vis EU and non-EU investors, between national and european solidarity: golden shares, sovereign investment and socio-economic protectionism under free movement rules

The fundamental issue underlying this essay is the tension between the EU’s aims of market integration on the one hand, and, on the other, the intervention of Member States in the economy and welfare provision and the exercise of public functions by national authorities in sensitive industrial sectors. In this respect I have focused on one specific aspect: the CJEU’s case law on the special powers held by the State in formerly public companies where the rights conferred on shareholders by ordinary law are reduced for the benefit of public entities. Besides European golden shares, my contribution had dealt with the access to the EU’s market of non-EU public/private hybrids, namely sovereign investors such as sovereign wealth funds (“SWFs”) and state owned enterprises (“SOEs”). The first aim of my research is to investigate in what sense, to what extent and for what reasons the golden shares jurisprudence represents a privileged – although atypical – sedes materiae to illustrate the content and extent of EU economic/market integration, the connection between the latter and the two interrelated concepts of social integration and EU solidarity, and the impact of such dual integration (both economic and social) on Member States’ solidarity. In this regard, three main questions arise: has the CJEU been too activist in condemning Member States with regard to privat(is)e(d) undertakings, or is its approach justified in the light of the EU’s free market objectives? Is the up-to-date case law likely to endanger the solidarity on which the provision of SGEIs is grounded? Is the scope of manoeuvre currently accorded to Member States too narrow to justify national socio-economic policies on golden shares under the free movement rules (especially, as will be seen further on, from the point of view of the exceptions to these rules)?. My second general aim is to identify the main concerns raised by the access of SWFs and SOEs to the EU market and, then, to assess whether action by the EU is welcome and necessary in this area. In this respect, the main questions are: is it conceivable a European golden share to restrict this kind of investments to be shaped on the basis of a European notion of solidarity? Should the CJEU be proactive and, for instance, admit ‘new’ Cassis-Gebhard overriding reasons of general interest that could not be admitted vis-à-vis intra-EU investments? Could the derogation provided for in Art. 65.1 b) allow for a restriction that is compatible with EU law? And in that case, what kind of connection would there be between national and European solidarity?The fundamental issue underlying this essay is the tension between the EU’s aims of market integration on the one hand, and, on the other, the intervention of Member States in the economy and welfare provision and the exercise of public functions by national authorities in sensitive industrial sectors. In this respect I have focused on one specific aspect: the CJEU’s case law on the special powers held by the State in formerly public companies where the rights conferred on shareholders by ordinary law are reduced for the benefit of public entities. Besides European golden shares, my contribution had dealt with the access to the EU’s market of non-EU public/private hybrids, namely sovereign investors such as sovereign wealth funds (“SWFs”) and state owned enterprises (“SOEs”). The first aim of my research is to investigate in what sense, to what extent and for what reasons the golden shares jurisprudence represents a privileged – although atypical – sedes materiae to illustrate the content and extent of EU economic/market integration, the connection between the latter and the two interrelated concepts of social integration and EU solidarity, and the impact of such dual integration (both economic and social) on Member States’ solidarity. In this regard, three main questions arise: has the CJEU been too activist in condemning Member States with regard to privat(is)e(d) undertakings, or is its approach justified in the light of the EU’s free market objectives? Is the up-to-date case law likely to endanger the solidarity on which the provision of SGEIs is grounded? Is the scope of manoeuvre currently accorded to Member States too narrow to justify national socio-economic policies on golden shares under the free movement rules (especially, as will be seen further on, from the point of view of the exceptions to these rules)?. My second general aim is to identify the main concerns raised by the access of SWFs and SOEs to the EU market and, then, to assess whether action by the EU is welcome and necessary in this area. In this respect, the main questions are: is it conceivable a European golden share to restrict this kind of investments to be shaped on the basis of a European notion of solidarity? Should the CJEU be proactive and, for instance, admit ‘new’ Cassis-Gebhard overriding reasons of general interest that could not be admitted vis-à-vis intra-EU investments? Could the derogation provided for in Art. 65.1 b) allow for a restriction that is compatible with EU law? And in that case, what kind of connection would there be between national and European solidarity?Refereed Working Papers / of international relevanc

Collaborazione tra imprese ed imposizione sui redditi: le prospettive del contratto di rete

Profili funzionali e strutturali. Soggettività tributaria e imputazione dei redditi. Agevolazioni a favore della collaborazione tra imprese.Profili funzionali e strutturali. Soggettività tributaria e imputazione dei redditi. Agevolazioni a favore della collaborazione tra imprese.LUISS PhD Thesi

La multiproprietà: analisi giuridica ed economica dell'istituto

La multiproprietà quale modalità di godimento di un bene a fini turistico-alberghieri: da prassi commerciale a “istituto del diritto civile”. La multiproprietà e il suo inquadramento nelle categorie del diritto civile italiano. La Direttiva 94/47 e la sua ricezione in Italia. Le innovazioni conseguenti alla Direttiva 08/122. Le soluzioni adottate e l'efficienza economica. Efficienza economica e scelte del legislatore italiano in materia: alcune prospettive.La multiproprietà quale modalità di godimento di un bene a fini turistico-alberghieri: da prassi commerciale a “istituto del diritto civile”. La multiproprietà e il suo inquadramento nelle categorie del diritto civile italiano. La Direttiva 94/47 e la sua ricezione in Italia. Le innovazioni conseguenti alla Direttiva 08/122. Le soluzioni adottate e l'efficienza economica. Efficienza economica e scelte del legislatore italiano in materia: alcune prospettive.LUISS PhD Thesi

Mediazione obbligatoria, arbitrato irrituale e pubblicità immobiliare

Negozio di accertamento. Arbitrato irrituale. Mediazione. Trascrizione.Negozio di accertamento. Arbitrato irrituale. Mediazione. Trascrizione.LUISS PhD Thesi

Transitions to democracy. What theory to grasp empirical complexities?

When analysing transitions toward democracy during the last three decades of the 20th century and the first decade of the 21st century, it is readily apparent that the variety of empirical processes is so wide that achieving meaningful theoretical results is extremely difficult, as shown very explicitly by the existing literature on the topic. This paper addresses the key theoretical questions that need to be dealt with by the empirical analysis of the transitional process: Are there key, recurring actors and factors that we should take into account when analysing all cases in depth?; Why is a focus on installation salient?; Are there recurring patterns of successful transitions?; Is or are there key recurring mechanism/s that critically explain successful transitions?; And are there obstacles that make it impossible to achieve a successful transition and doom such a process to failure? On the basis of existing knowledge in the subfield an attempt is made to reply to these questions, and in this way to single out the main theoretical results achieved in the field.When analysing transitions toward democracy during the last three decades of the 20th century and the first decade of the 21st century, it is readily apparent that the variety of empirical processes is so wide that achieving meaningful theoretical results is extremely difficult, as shown very explicitly by the existing literature on the topic. This paper addresses the key theoretical questions that need to be dealt with by the empirical analysis of the transitional process: Are there key, recurring actors and factors that we should take into account when analysing all cases in depth?; Why is a focus on installation salient?; Are there recurring patterns of successful transitions?; Is or are there key recurring mechanism/s that critically explain successful transitions?; And are there obstacles that make it impossible to achieve a successful transition and doom such a process to failure? On the basis of existing knowledge in the subfield an attempt is made to reply to these questions, and in this way to single out the main theoretical results achieved in the field.Refereed Working Papers / of international relevanc