The idea of nation in Fascism and Falangism

The main goal of this research is to compare Italian and Spanish Fascism in an organic and systematic manner on the basis of a guiding idea - the idea of the nation and its evolution - never used in such a comparison before. The premise on which the thesis is based is that the myth of the nation embraced all aspects of the Fascist phenomenon since its origins. Starting from this assumption, it is not only possible but very useful on the heuristic level to resort to the idea of nation and its evolution as a parameter to compare diverse Fascist experiences. Hence the choice to use the ideological construction of the nation as the ‘property’ of comparison: namely the yardstick to identify affinities and differences between the ‘objects’ to be compared, which in this case are the Fascist and Falangist political-ideological components within Mussolini’s and Franco’s regimes respectively. The timeframe of this research dates from the early 1930s to the early 1940s. It was decided to focus on this historical period, because it was a decade of great political effervescence both in Italy and in Spain, as well as internationally. In fact, although the Italian Fascist Party had already existed for some time - while the Spanish one was taking its first steps - the decade saw a significant acceleration in the process of the two States’ fascistization. This was due both to endogenous factors, the most glaring examples of which were Mussolini’s decision to launch Italy into a quest for empire, as well as the outbreak of the Spanish Civil War; and also to exogenous factors, primarily the appearance on the European scene of National-socialist Germany led by Hitler. The study concludes in the biennium 1942- 1943. It was in 1942 that the project of Falangist nationalization of the Spaniards effectively ended. This was akin to what happened in Italian Fascism the following year, when Grandi’s Order of the Day on July 25 not only heralded the collapse of Mussolini’s regime, but also the shattering of the dream to realize a great Fascist nation. The research was conducted mainly on primary sources. Firstly, the texts and certain discourses of doctrinal value of the main leaders and theorists of Fascism and Falangism were studied systematically. Secondly, press sources were examinated; specifically, all the issues of the most important theoretical periodicals related to the two countries’ Fascist movements. Along with press sources, programme documents of the Pnf and the Falange, some diaristic sources and normative texts were also analysed. As for secondary sources, there was a constant interaction with the works of the most prominent contemporary Italian and Spanish historians of Fascist and Falangist phenomena. The analysis of articles appearing in the main Italian, Spanish and international magazines on contemporary history in the last thirty years completed the overview of sources for this work. This thesis develops following a narrative thread in four scans, each relating to a particular phase in the evolution of the idea of nation in Fascist ideology. The first chapter analyses the origins of the idea of nation in Fascism and Falangism, and the ways in which it was articulated in the destruens and costruens phase of the two movements. The second examines the theme of empire and whether it represented a natural outpouring of the nationalist ideology of the Pnf and the Falange. The third investigates the nature of the relationship between nation and race. Finally, the fourth chapter highlights the Fascist and National-syndicalist positions on the ‘New European Order’ that, at the end of the 1930s, appeared to be on the verge of coming to fruition; and the role that, according to the camicie nere and the camisas azules, Italy and Spain should have played in it.The main goal of this research is to compare Italian and Spanish Fascism in an organic and systematic manner on the basis of a guiding idea - the idea of the nation and its evolution - never used in such a comparison before. The premise on which the thesis is based is that the myth of the nation embraced all aspects of the Fascist phenomenon since its origins. Starting from this assumption, it is not only possible but very useful on the heuristic level to resort to the idea of nation and its evolution as a parameter to compare diverse Fascist experiences. Hence the choice to use the ideological construction of the nation as the ‘property’ of comparison: namely the yardstick to identify affinities and differences between the ‘objects’ to be compared, which in this case are the Fascist and Falangist political-ideological components within Mussolini’s and Franco’s regimes respectively. The timeframe of this research dates from the early 1930s to the early 1940s. It was decided to focus on this historical period, because it was a decade of great political effervescence both in Italy and in Spain, as well as internationally. In fact, although the Italian Fascist Party had already existed for some time - while the Spanish one was taking its first steps - the decade saw a significant acceleration in the process of the two States’ fascistization. This was due both to endogenous factors, the most glaring examples of which were Mussolini’s decision to launch Italy into a quest for empire, as well as the outbreak of the Spanish Civil War; and also to exogenous factors, primarily the appearance on the European scene of National-socialist Germany led by Hitler. The study concludes in the biennium 1942- 1943. It was in 1942 that the project of Falangist nationalization of the Spaniards effectively ended. This was akin to what happened in Italian Fascism the following year, when Grandi’s Order of the Day on July 25 not only heralded the collapse of Mussolini’s regime, but also the shattering of the dream to realize a great Fascist nation. The research was conducted mainly on primary sources. Firstly, the texts and certain discourses of doctrinal value of the main leaders and theorists of Fascism and Falangism were studied systematically. Secondly, press sources were examinated; specifically, all the issues of the most important theoretical periodicals related to the two countries’ Fascist movements. Along with press sources, programme documents of the Pnf and the Falange, some diaristic sources and normative texts were also analysed. As for secondary sources, there was a constant interaction with the works of the most prominent contemporary Italian and Spanish historians of Fascist and Falangist phenomena. The analysis of articles appearing in the main Italian, Spanish and international magazines on contemporary history in the last thirty years completed the overview of sources for this work. This thesis develops following a narrative thread in four scans, each relating to a particular phase in the evolution of the idea of nation in Fascist ideology. The first chapter analyses the origins of the idea of nation in Fascism and Falangism, and the ways in which it was articulated in the destruens and costruens phase of the two movements. The second examines the theme of empire and whether it represented a natural outpouring of the nationalist ideology of the Pnf and the Falange. The third investigates the nature of the relationship between nation and race. Finally, the fourth chapter highlights the Fascist and National-syndicalist positions on the ‘New European Order’ that, at the end of the 1930s, appeared to be on the verge of coming to fruition; and the role that, according to the camicie nere and the camisas azules, Italy and Spain should have played in it.LUISS PhD Thesi

Crowd science: methods to motivate contributors and firms' benefits

Crowd science: definition, trend and research questions. Activating social strategies: face-to-face interaction in technology-mediated citizen science. Bring them aboard: rewarding participation in technology mediated citizen science projects. When does crowdsourcing benefit firm performance 103.Crowd science: definition, trend and research questions. Activating social strategies: face-to-face interaction in technology-mediated citizen science. Bring them aboard: rewarding participation in technology mediated citizen science projects. When does crowdsourcing benefit firm performance 103.LUISS PhD Thesi

Mosques in Europe: between Toleration and Respect: a study of the 2015 Lombardy Law for Places of Worship

The aim of this thesis is to verify whether toleration is the most appropriate political value on which to inform laws that regulate the allocation of public space for minorities, especially for building minorities’ places of worship, such as Mosques. In order to do this I divided the thesis in five chapters. In the first chapter I analyze the most recent theories of toleration and respect expressed in the two European projects- Accept and Respect - elaborated by Carter (2011, 2013), Ceva and Zuolo (2013), Bader (2007,2013), Galeotti (2002, 2015). These ideas ground my main argument: toleration (as non-interference and as recognition) must be completed with the idea of ‘recognition respect’ every time institutions have to deal with minority related issues. Indeed toleration (as non-interference) is appropriate only at horizontal level (it marks a ‘minimum level’). Respect means to grant all members of the society an equal chance to have a say in the decision-making process. Moreover, through respect, it is possible to identify unfair aspects and conversely which values institutions should draw upon in deciding on laws and policies to safeguard minority rights. In order to extrapolate these two components of respect in the chapter II, I focus on the Lombard Law n° 2/2015, the so -called ‘anti-mosque law’ that de facto prevents Muslims from building ad hoc places of worship. Seen from the perspective of respect, the law is unfair not only for the ‘outcomes’ it produces but also in terms of the procedures. In chapter III, I argue that in order to respect every member of the society is necessary to expand the demos to include as many newcomers as possible (Miller, 2009; Abizadeh, 2008). So following Bauböck (2015) I propose therefore ‘a multilevel architecture of enfranchisement’. According to this model, the general normative principles for inclusion both in the citizenry and in the demos must be specified for each type of polity and regime (Bauböck, 2015). At the local level specifically the minority must count more every time their rights are at stake, and for this reason in municipalities the law-making procedures should be based on a proportionality principle (Brighouse and Fleurbay, 2010) in order to resolve the tensions between democracy (majority rule) and social justice (protection of minority interests). In chapter IV, I demonstrate that the Lombardy Law, even if partially invalidated by the Constitutional Court (2016), can potentially reverberate throughout society because it contributes to a hostile environment for Muslims. Because of the suspicion of Muslims and the consequent public debate generated, the law has reinforced the stereotypical perception of the Muslim minority by the majority. Consequently, the law can potentially further marginalize the Muslim community, thus preventing their full integration into society. In chapter V, on the other hand I present the Catalonia Law on centers of worship (16/2009) as a positive example of a law regulating building of mosques because it contains some respect-inspired principles. Catalan institutions not only tolerated minority religious groups but also granted them the space to participate in the law-making process. From the comparison between the Lombardy law and the Catalan law descends a list of suggestions which institutions could follow in order to promulgate laws for places of worship that respect every minority members: opening a dialogue with the minority, improving immigrant political participation especially at the national level and at the local level through specific bodies for participation, involving Muslims qua Muslims in the development of the law regulating building of Mosques through specialized institutions. A note on method: the case study was written by using not only academic literature but also by reading the two laws and Constitutional Court judgments, newspaper articles and official institutions’ websites.The aim of this thesis is to verify whether toleration is the most appropriate political value on which to inform laws that regulate the allocation of public space for minorities, especially for building minorities’ places of worship, such as Mosques. In order to do this I divided the thesis in five chapters. In the first chapter I analyze the most recent theories of toleration and respect expressed in the two European projects- Accept and Respect - elaborated by Carter (2011, 2013), Ceva and Zuolo (2013), Bader (2007,2013), Galeotti (2002, 2015). These ideas ground my main argument: toleration (as non-interference and as recognition) must be completed with the idea of ‘recognition respect’ every time institutions have to deal with minority related issues. Indeed toleration (as non-interference) is appropriate only at horizontal level (it marks a ‘minimum level’). Respect means to grant all members of the society an equal chance to have a say in the decision-making process. Moreover, through respect, it is possible to identify unfair aspects and conversely which values institutions should draw upon in deciding on laws and policies to safeguard minority rights. In order to extrapolate these two components of respect in the chapter II, I focus on the Lombard Law n° 2/2015, the so -called ‘anti-mosque law’ that de facto prevents Muslims from building ad hoc places of worship. Seen from the perspective of respect, the law is unfair not only for the ‘outcomes’ it produces but also in terms of the procedures. In chapter III, I argue that in order to respect every member of the society is necessary to expand the demos to include as many newcomers as possible (Miller, 2009; Abizadeh, 2008). So following Bauböck (2015) I propose therefore ‘a multilevel architecture of enfranchisement’. According to this model, the general normative principles for inclusion both in the citizenry and in the demos must be specified for each type of polity and regime (Bauböck, 2015). At the local level specifically the minority must count more every time their rights are at stake, and for this reason in municipalities the law-making procedures should be based on a proportionality principle (Brighouse and Fleurbay, 2010) in order to resolve the tensions between democracy (majority rule) and social justice (protection of minority interests). In chapter IV, I demonstrate that the Lombardy Law, even if partially invalidated by the Constitutional Court (2016), can potentially reverberate throughout society because it contributes to a hostile environment for Muslims. Because of the suspicion of Muslims and the consequent public debate generated, the law has reinforced the stereotypical perception of the Muslim minority by the majority. Consequently, the law can potentially further marginalize the Muslim community, thus preventing their full integration into society. In chapter V, on the other hand I present the Catalonia Law on centers of worship (16/2009) as a positive example of a law regulating building of mosques because it contains some respect-inspired principles. Catalan institutions not only tolerated minority religious groups but also granted them the space to participate in the law-making process. From the comparison between the Lombardy law and the Catalan law descends a list of suggestions which institutions could follow in order to promulgate laws for places of worship that respect every minority members: opening a dialogue with the minority, improving immigrant political participation especially at the national level and at the local level through specific bodies for participation, involving Muslims qua Muslims in the development of the law regulating building of Mosques through specialized institutions. A note on method: the case study was written by using not only academic literature but also by reading the two laws and Constitutional Court judgments, newspaper articles and official institutions’ websites.LUISS PhD Thesi

Evidences On Determinants And Effects of Accounting And Managerial Choices In M&A

The aim of my research is to contribute to M&A literature, by providing evidences on the determinants and effects of accounting and managerial choices in M&A. The research is composed of two main parts and follows a longitudinal path, as the M&A process can be conceptualized in three broad phases subsequent one each other: (i) pre-acquisition, (ii) acquisition and (iii) post-acquisition (Mickelson and Worley, 2003), in the first part of my research I focus on issues related to the preacquisition phase while in the second part I focus on issues related to the post-acquisition phase. In the first part of my research, in particular, I study whether the level of the involvement of family members in a family firm is associated with the choice of the buyer in M&A deals and whether the Social Emotional Wealth is useful in explaining this choice. I base my study on the idea that family firms are more willing to choose a buyer that attenuates the feeling of detachment for family members and ensure growth to the firm. Consequently, I expect that family firms choose Financial Buyers or Strategic Buyers in relation to the level of family involvement. I consider the level of involvement of family members in the firm in relation to three dimensions: (i) family’s share ownership, (ii) family’s presence in the board, and (iii) the presence of a family CEO. Results show that family involvement in the firm affects the target choice of the buyer, and in particular when the buyer is not a previous minority shareholder. In the second part of my research I investigate on manager accounting choices, in particular on managers accounting choices on acquired assets during M&A, and more specifically on brand. This second part is composed of two different studies.In the first study, I investigate on managers accounting choices in the traditional way researches have investigated till now on accounting choices. That is, I study if also brand measurement accounting choices are driven by managers multiple motivations as (i) agency costs, (ii) earnings smoothing, as previous studies make accounting choices consistent with the idea of earnings management, (iii) and information asymmetries. I find that leverage as proxy for agency costs, change in ROA as proxy for earnings smoothing and market to book ratio as proxy for information asymmetries are associated with a particular managers’ accounting choices. The second study is based on the idea of Christensen and Nikolaev (2013) that accounting choices have a different nature respect to earnings management. Accounting choices require an ex-ante commitment while earnings management is the result of managers’ continuous choices. In this study, I investigate whether managers use accounting choices to meet or beat analysts’ forecasts. Then, I intend to study the association between accounting choices and the adoption of accrual earnings management as both can be considered different tools available to managers to meet or beat analysts’ forecasts and if disclosure plays a role. Finally, I focus on whether analysts’ forecast properties are associated with managers’ joint use of accounting choices and accrual earnings management. Empirical evidences show that both tools affect the probability to meet or beat analysts forecast and that disclosure plays a role, while the hypothesis on analysts forecast properties is not supported. Although the two parts of the research are linked by a unique file rouge, that is to investigate on the determinants and effects of accounting and managerial choices in M&A, the three studies will be address as separate papers. Then, the research proceeds as follows. In chapter 1 I investigate on the following research question: “To whom does the family sell the firm? The determinants of the choice of the buyer in M&A deals”; in chapter 2 I analyze the following research question: “Contracting, information asymmetry and earnings smoothing. Which determinant influences accounting choices on brand? Evidence from the adoption of IAS38 for brand measurement”; chapter 3 examines the following research question: “Are accounting choices a way to meet or beat analysts’ forecasts alternative to earnings management? Evidence from the adoption of IAS38 for brand measurement”.The aim of my research is to contribute to M&A literature, by providing evidences on the determinants and effects of accounting and managerial choices in M&A. The research is composed of two main parts and follows a longitudinal path, as the M&A process can be conceptualized in three broad phases subsequent one each other: (i) pre-acquisition, (ii) acquisition and (iii) post-acquisition (Mickelson and Worley, 2003), in the first part of my research I focus on issues related to the preacquisition phase while in the second part I focus on issues related to the post-acquisition phase. In the first part of my research, in particular, I study whether the level of the involvement of family members in a family firm is associated with the choice of the buyer in M&A deals and whether the Social Emotional Wealth is useful in explaining this choice. I base my study on the idea that family firms are more willing to choose a buyer that attenuates the feeling of detachment for family members and ensure growth to the firm. Consequently, I expect that family firms choose Financial Buyers or Strategic Buyers in relation to the level of family involvement. I consider the level of involvement of family members in the firm in relation to three dimensions: (i) family’s share ownership, (ii) family’s presence in the board, and (iii) the presence of a family CEO. Results show that family involvement in the firm affects the target choice of the buyer, and in particular when the buyer is not a previous minority shareholder. In the second part of my research I investigate on manager accounting choices, in particular on managers accounting choices on acquired assets during M&A, and more specifically on brand. This second part is composed of two different studies.In the first study, I investigate on managers accounting choices in the traditional way researches have investigated till now on accounting choices. That is, I study if also brand measurement accounting choices are driven by managers multiple motivations as (i) agency costs, (ii) earnings smoothing, as previous studies make accounting choices consistent with the idea of earnings management, (iii) and information asymmetries. I find that leverage as proxy for agency costs, change in ROA as proxy for earnings smoothing and market to book ratio as proxy for information asymmetries are associated with a particular managers’ accounting choices. The second study is based on the idea of Christensen and Nikolaev (2013) that accounting choices have a different nature respect to earnings management. Accounting choices require an ex-ante commitment while earnings management is the result of managers’ continuous choices. In this study, I investigate whether managers use accounting choices to meet or beat analysts’ forecasts. Then, I intend to study the association between accounting choices and the adoption of accrual earnings management as both can be considered different tools available to managers to meet or beat analysts’ forecasts and if disclosure plays a role. Finally, I focus on whether analysts’ forecast properties are associated with managers’ joint use of accounting choices and accrual earnings management. Empirical evidences show that both tools affect the probability to meet or beat analysts forecast and that disclosure plays a role, while the hypothesis on analysts forecast properties is not supported. Although the two parts of the research are linked by a unique file rouge, that is to investigate on the determinants and effects of accounting and managerial choices in M&A, the three studies will be address as separate papers. Then, the research proceeds as follows. In chapter 1 I investigate on the following research question: “To whom does the family sell the firm? The determinants of the choice of the buyer in M&A deals”; in chapter 2 I analyze the following research question: “Contracting, information asymmetry and earnings smoothing. Which determinant influences accounting choices on brand? Evidence from the adoption of IAS38 for brand measurement”; chapter 3 examines the following research question: “Are accounting choices a way to meet or beat analysts’ forecasts alternative to earnings management? Evidence from the adoption of IAS38 for brand measurement”.LUISS PhD Thesi

Beyond the Left-Right dimension? The impact of European integration on West European party politics

Politicization through Manipulation: Party Strategic Efforts on EU issues. How Parties Respond to European Integration? The Impact of the Party Family Location. General Results in the Degree of Entrepreneurship. Europe to the Centre Stage: Protest-Based Entrepreneurship in France. Colliding on a Pro-\Anti-European Issue Dimension: the German Case. Unstable EU Issue Entrepreneurship and Blurred Shortcuts: the Italian Case. The Pre-Established Politicization of the European Integration Conflict: The British Case. A Comparative Overview on the EU Issue Entrepreneurship. Empirical Models of Voting Preferences. Electoral Preference Models in Four European Countries. A Comparative Overview on EU Issue Voting.Politicization through Manipulation: Party Strategic Efforts on EU issues. How Parties Respond to European Integration? The Impact of the Party Family Location. General Results in the Degree of Entrepreneurship. Europe to the Centre Stage: Protest-Based Entrepreneurship in France. Colliding on a Pro-\Anti-European Issue Dimension: the German Case. Unstable EU Issue Entrepreneurship and Blurred Shortcuts: the Italian Case. The Pre-Established Politicization of the European Integration Conflict: The British Case. A Comparative Overview on the EU Issue Entrepreneurship. Empirical Models of Voting Preferences. Electoral Preference Models in Four European Countries. A Comparative Overview on EU Issue Voting.LUISS PhD Thesi

Gli amministratori delle società pubbliche

La tesi ha ad oggetto la disciplina degli amministratori delle società pubbliche alla luce delle modifiche normative intervenute a seguito dell’emanazione del Testo Unico sulle società a partecipazione pubblica (d. lgs. n. 175 del 2016). In particolare, il presente lavoro analizza se ed in quale misura il Testo Unico incida sulla normativa “speciale” degli amministratori di tali società, bilanciando, alla luce del principio di proporzionalità espressamente contenuto fra i criteri della Legge delega, le diverse deroghe, previste per la salvaguardia degli interessi pubblici, con le disposizioni in ambito societario contenute nel Codice Civile. Il decreto n. 175, infatti, contiene l’ultima riforma intervenuta, in modo dirompente, in un quadro normativo stratificato, frammentario, complesso ed articolato, con lo scopo di procedere ad una generale riorganizzazione, razionalizzazione ed efficientamento del sistema delle partecipazioni pubbliche, in un’ottica di sistematizzazione organica della materia. La prospettiva di un bilanciamento tra i profili di specialità e la disciplina generale societaria è stata approfondita con riferimento agli aspetti attinenti i requisiti di eleggibilità (nonché la connessa disciplina dell’inconferibilità ed incandidabilità) e le vicende costitutive, modificative ed estintive dell’incarico di amministratore (nomina, revoca, prorogatio e decadenza), avendo riguardo anche alla struttura dell’organo, al sistema dei compensi percepiti e, infine, al regime della responsabilità. Il risultato al quale si è approdati ha mostrato l’esistenza di “aree” caratterizzate dalla permanenza di una disciplina derogatoria, la cui ratio risiede nella tutela di interessi pubblici, e di altre nelle quali vi è una decisa “attrazione” verso il regime di diritto comune societario, alla luce dell’esigenza di eliminare vantaggi artificiosi che finirebbero con il creare ingiustificate distorsioni concorrenziali.La tesi ha ad oggetto la disciplina degli amministratori delle società pubbliche alla luce delle modifiche normative intervenute a seguito dell’emanazione del Testo Unico sulle società a partecipazione pubblica (d. lgs. n. 175 del 2016). In particolare, il presente lavoro analizza se ed in quale misura il Testo Unico incida sulla normativa “speciale” degli amministratori di tali società, bilanciando, alla luce del principio di proporzionalità espressamente contenuto fra i criteri della Legge delega, le diverse deroghe, previste per la salvaguardia degli interessi pubblici, con le disposizioni in ambito societario contenute nel Codice Civile. Il decreto n. 175, infatti, contiene l’ultima riforma intervenuta, in modo dirompente, in un quadro normativo stratificato, frammentario, complesso ed articolato, con lo scopo di procedere ad una generale riorganizzazione, razionalizzazione ed efficientamento del sistema delle partecipazioni pubbliche, in un’ottica di sistematizzazione organica della materia. La prospettiva di un bilanciamento tra i profili di specialità e la disciplina generale societaria è stata approfondita con riferimento agli aspetti attinenti i requisiti di eleggibilità (nonché la connessa disciplina dell’inconferibilità ed incandidabilità) e le vicende costitutive, modificative ed estintive dell’incarico di amministratore (nomina, revoca, prorogatio e decadenza), avendo riguardo anche alla struttura dell’organo, al sistema dei compensi percepiti e, infine, al regime della responsabilità. Il risultato al quale si è approdati ha mostrato l’esistenza di “aree” caratterizzate dalla permanenza di una disciplina derogatoria, la cui ratio risiede nella tutela di interessi pubblici, e di altre nelle quali vi è una decisa “attrazione” verso il regime di diritto comune societario, alla luce dell’esigenza di eliminare vantaggi artificiosi che finirebbero con il creare ingiustificate distorsioni concorrenziali.LUISS PhD Thesi

L’evoluzione del ruolo della Serbia all’interno dell’area balcanica: dalla crisi postsocialista alla prospettiva europeista

La presente ricerca esamina a livello internazionale l’evoluzione del quadro giuridico degli investimenti esteri. L’obiettivo principale del diritto internazionale degli investimenti esteri consiste nel creare equilibrio attraverso il raggiungimento di un compromesso reciprocamente accettabile ed efficacemente applicabile tra gli interessi opposti dei principali soggetti coinvolti nel rapporto di investimento estero (Stati che esportano capitali e le persone fisiche e giuridiche che hanno la nazionalità di uno Stato diverso da quello in cui stanno investendo), creando un quadro giuridico la cui applicazione garantisce la protezione di entrambi, nel rispetto degli standard di trattamento stabiliti negli strumenti internazionali. Pertanto, la rilevanza dei meccanismi di garanzia degli investimenti e di soluzione delle controversie sono fondamentali per assicurare un adeguato livello di protezione per l’investitore e svolgono un ruolo importante nell’incoraggiamento degli investimenti esteri. Inoltre, il presente lavoro offre una panoramica dell’evoluzione del regime normativo della Jugoslavia, oggi della Serbia, nell’ambito degli investimenti esteri dal periodo del socialismo fino ad oggi, con l’obiettivo di diventare membro dell’Unione europea. Pertanto, la piena armonizzazione con la legislazione comunitaria è fondamentale per il sostenimento dell’afflusso di nuovi investimenti e l’ulteriore apertura della Serbia verso i mercati esteri. Infine, l’Accordo di stabilizzazione e associazione nonché i numerosi BITs e gli accordi di libero scambio conclusi con un elevato numero di Paesi sviluppati sono un importante indicatore della trasformazione e del progresso della Serbia nel contesto internazionale.La presente ricerca esamina a livello internazionale l’evoluzione del quadro giuridico degli investimenti esteri. L’obiettivo principale del diritto internazionale degli investimenti esteri consiste nel creare equilibrio attraverso il raggiungimento di un compromesso reciprocamente accettabile ed efficacemente applicabile tra gli interessi opposti dei principali soggetti coinvolti nel rapporto di investimento estero (Stati che esportano capitali e le persone fisiche e giuridiche che hanno la nazionalità di uno Stato diverso da quello in cui stanno investendo), creando un quadro giuridico la cui applicazione garantisce la protezione di entrambi, nel rispetto degli standard di trattamento stabiliti negli strumenti internazionali. Pertanto, la rilevanza dei meccanismi di garanzia degli investimenti e di soluzione delle controversie sono fondamentali per assicurare un adeguato livello di protezione per l’investitore e svolgono un ruolo importante nell’incoraggiamento degli investimenti esteri. Inoltre, il presente lavoro offre una panoramica dell’evoluzione del regime normativo della Jugoslavia, oggi della Serbia, nell’ambito degli investimenti esteri dal periodo del socialismo fino ad oggi, con l’obiettivo di diventare membro dell’Unione europea. Pertanto, la piena armonizzazione con la legislazione comunitaria è fondamentale per il sostenimento dell’afflusso di nuovi investimenti e l’ulteriore apertura della Serbia verso i mercati esteri. Infine, l’Accordo di stabilizzazione e associazione nonché i numerosi BITs e gli accordi di libero scambio conclusi con un elevato numero di Paesi sviluppati sono un importante indicatore della trasformazione e del progresso della Serbia nel contesto internazionale.LUISS PhD Thesi

Cross-border mergers: an Italian perspective

According to a theoretical model of a perfect “market for corporate law”, companies should be allowed to select the corporate law they prefer, regardless of the countries where the firm’s activities take place or where the corporate headquarters is. However, a free demand of law requires freedom of incorporation (as well as freedom of reincorporation) for companies, which can therefore leave the country of origin and switch to the law of a different State. While in the U.S. this model become reality, in Europe the path has been difficult, and freedom to reincorporate under the law of another Member State is a recent achievement. Many European jurisdictions refused the pseudo-foreign corporations through a process of disqualification, denying their legal personality and access to justice, or by subjecting them to its jurisdiction. But, the European Economic Community experience taught that freedom of States to provide restrictions to the entry of foreign companies could be limited by a regional economic integration process (such as the European one). Freedom of establishment guaranteed by the Treaty is likely to come into conflict with the domestic corporate laws of the members States, as well as with the international private laws provided by the same countries as a protectionist tool to ensure the application of the same domestic corporate law. So, re-incorporations have been admitted in the European Union and liberalized by E.U. derivative law not directly – i.e. by allowing "direct reincorporation" abroad – but through cross-border mergers. With the Directive 2005/56/CE of the Parliament and the Council, 26 October 2005 (Tenth Directive), free choice of law through the European Union has been recognized (but not directly), imposing to Member States to provide specific rules governing crossborder mergers. A company incorporated in a Member State, therefore, can now incorporate a new shell company in another Member State and then merge into said vehicle, determining a change in the applicable law. Italy has implemented the Tenth Directive by virtue of Legislative Decree (decreto legislativo) 30 May 2008, no. 108 (as slightly amended in 2014 by the so-called “European law 2013bis”). The Directive is rich of references to national legislation, as it draws a legislative perimeter aimed at, first of all, allowing mergers between companies of member States and providing them legal certainty, thus avoiding that companies perform complicated transactions often in violation of mandatory rules provided by one or more jurisdictions in question. Once it has become possible in Europe to choose the applicable law in accordance with companies’ economic and strategic interests, also law provisions adopted by the Member States may be considered as products of a specific market, which has been called “market of rules”. This mechanism has resulted in a positive form of competition among the States, which started adopting specific measures in order to improve their domestic corporate rules and their own models of corporate governance. In this scenario, the Italian reform that has introduced multiple voting shares mechanism in the Italian corporate law system (Legislative Decree no. 91/2014, converted into Law no. 116/2014), may be easily put in relation with the awareness of the Italian government to have “lost” one of the historical Italian corporation, FIAT S.p.A.. Therefore, it shows how corporate mobility may have the effect to stimulate the States to improve their corporate law in a perspective of harmonization of corporate law at the EU level. In consideration of the above, it should be concluded that the market of rules, which put national corporate laws in competition among each other, may be seen as a useful instrument able to gradually remove the differences still existing among Member States’ legislations. This would led to a global harmonization, which may be define as “de facto” and “from below” harmonization.According to a theoretical model of a perfect “market for corporate law”, companies should be allowed to select the corporate law they prefer, regardless of the countries where the firm’s activities take place or where the corporate headquarters is. However, a free demand of law requires freedom of incorporation (as well as freedom of reincorporation) for companies, which can therefore leave the country of origin and switch to the law of a different State. While in the U.S. this model become reality, in Europe the path has been difficult, and freedom to reincorporate under the law of another Member State is a recent achievement. Many European jurisdictions refused the pseudo-foreign corporations through a process of disqualification, denying their legal personality and access to justice, or by subjecting them to its jurisdiction. But, the European Economic Community experience taught that freedom of States to provide restrictions to the entry of foreign companies could be limited by a regional economic integration process (such as the European one). Freedom of establishment guaranteed by the Treaty is likely to come into conflict with the domestic corporate laws of the members States, as well as with the international private laws provided by the same countries as a protectionist tool to ensure the application of the same domestic corporate law. So, re-incorporations have been admitted in the European Union and liberalized by E.U. derivative law not directly – i.e. by allowing "direct reincorporation" abroad – but through cross-border mergers. With the Directive 2005/56/CE of the Parliament and the Council, 26 October 2005 (Tenth Directive), free choice of law through the European Union has been recognized (but not directly), imposing to Member States to provide specific rules governing crossborder mergers. A company incorporated in a Member State, therefore, can now incorporate a new shell company in another Member State and then merge into said vehicle, determining a change in the applicable law. Italy has implemented the Tenth Directive by virtue of Legislative Decree (decreto legislativo) 30 May 2008, no. 108 (as slightly amended in 2014 by the so-called “European law 2013bis”). The Directive is rich of references to national legislation, as it draws a legislative perimeter aimed at, first of all, allowing mergers between companies of member States and providing them legal certainty, thus avoiding that companies perform complicated transactions often in violation of mandatory rules provided by one or more jurisdictions in question. Once it has become possible in Europe to choose the applicable law in accordance with companies’ economic and strategic interests, also law provisions adopted by the Member States may be considered as products of a specific market, which has been called “market of rules”. This mechanism has resulted in a positive form of competition among the States, which started adopting specific measures in order to improve their domestic corporate rules and their own models of corporate governance. In this scenario, the Italian reform that has introduced multiple voting shares mechanism in the Italian corporate law system (Legislative Decree no. 91/2014, converted into Law no. 116/2014), may be easily put in relation with the awareness of the Italian government to have “lost” one of the historical Italian corporation, FIAT S.p.A.. Therefore, it shows how corporate mobility may have the effect to stimulate the States to improve their corporate law in a perspective of harmonization of corporate law at the EU level. In consideration of the above, it should be concluded that the market of rules, which put national corporate laws in competition among each other, may be seen as a useful instrument able to gradually remove the differences still existing among Member States’ legislations. This would led to a global harmonization, which may be define as “de facto” and “from below” harmonization.LUISS PhD Thesi

When Actors Meet Institutions: Institutional Entrepreneurship, Institutional Logics and Hybrid Organizations

This paper proposes a contingency theory of institutional entrepreneurship. Institutional entrepreneurship has emerged to explain how agency can be incorporated within institutional theory. Following existing literature on the “paradox of embedded agency”, we build on the definition of the conditions that enable actors to pursue their best interests by creating, modifying or disrupting existing institutions, namely the position in the organizational field, in the organizational hierarchy and in the intraorganizational network. We discuss the existence of different kinds of institutions, each requiring for individuals a specific amount of resources (ability) and interest (willingness) for change. We build on the categorization of institutions related to the actors who make the rule (being that the state or some other entity) and to the way in which such rule is enacted and throught which is enforced (centralized or decentralized), thus identifying public-centralized, private-centralized and private-decentralized institutions. We propose for each kind of institution the enabling conditions that, by providing for both the ability and willingness, make an individual more likely to promote divergent change. The process of emergence of social enterprises has been relatively overlooked by organizational and management literature. Nonetheless, to address many of the contemporary societal challenges and promote social change, these organizational forms have recently been flourishing. We theoretically explore how such process of creation unfolds, identifying the external challenges these organizations face and the strategies they need to pursue to enable their emergence. Through anecdotal evidence, we suggest that this process may call first for the deinstitutionalization of existing institutional logics and then for a legitimacy building at three levels (pragmatic, moral and cognitive). We discuss contributions for research related to institutional logics, social and institutional entrepreneurship and liability of newness for a new organizational form. Building on extant literature on institutional logics, we investigate the effect of logic multiplicity on organizational mission performance. In particular, we theorize that - irrespectively of the nature of the logics at play - an increase in their sheer number triggers negative effects for organizational mission performance, in view of the challenges caused by logics’ jurisdictional overlap and degree of centrality. However, we also argue that this negative effect applies up to a certain point, after which positive effects on organizational mission performance may spur from the possibility to recombine the many more organizational elements brought by the higher number of logics at hand, increasing innovation. Also, we see whether the efficiencyenhancing elements of being a for-profit affect the concave relationship between logic multiplicity and performance discussed above. We examine these three points in the context of the US healthcare industry by looking at over 300 long-term care California hospitals between 2008-2013. Our results show for hybrid organizations a concave relationship between the number of logics they incorporate and their mission performance, pointing first at the negative and then at the positive effects of logic multiplicity. These findings contribute to literature on institutional logics, paradox theory and hybrid organizations.This paper proposes a contingency theory of institutional entrepreneurship. Institutional entrepreneurship has emerged to explain how agency can be incorporated within institutional theory. Following existing literature on the “paradox of embedded agency”, we build on the definition of the conditions that enable actors to pursue their best interests by creating, modifying or disrupting existing institutions, namely the position in the organizational field, in the organizational hierarchy and in the intraorganizational network. We discuss the existence of different kinds of institutions, each requiring for individuals a specific amount of resources (ability) and interest (willingness) for change. We build on the categorization of institutions related to the actors who make the rule (being that the state or some other entity) and to the way in which such rule is enacted and throught which is enforced (centralized or decentralized), thus identifying public-centralized, private-centralized and private-decentralized institutions. We propose for each kind of institution the enabling conditions that, by providing for both the ability and willingness, make an individual more likely to promote divergent change. The process of emergence of social enterprises has been relatively overlooked by organizational and management literature. Nonetheless, to address many of the contemporary societal challenges and promote social change, these organizational forms have recently been flourishing. We theoretically explore how such process of creation unfolds, identifying the external challenges these organizations face and the strategies they need to pursue to enable their emergence. Through anecdotal evidence, we suggest that this process may call first for the deinstitutionalization of existing institutional logics and then for a legitimacy building at three levels (pragmatic, moral and cognitive). We discuss contributions for research related to institutional logics, social and institutional entrepreneurship and liability of newness for a new organizational form. Building on extant literature on institutional logics, we investigate the effect of logic multiplicity on organizational mission performance. In particular, we theorize that - irrespectively of the nature of the logics at play - an increase in their sheer number triggers negative effects for organizational mission performance, in view of the challenges caused by logics’ jurisdictional overlap and degree of centrality. However, we also argue that this negative effect applies up to a certain point, after which positive effects on organizational mission performance may spur from the possibility to recombine the many more organizational elements brought by the higher number of logics at hand, increasing innovation. Also, we see whether the efficiencyenhancing elements of being a for-profit affect the concave relationship between logic multiplicity and performance discussed above. We examine these three points in the context of the US healthcare industry by looking at over 300 long-term care California hospitals between 2008-2013. Our results show for hybrid organizations a concave relationship between the number of logics they incorporate and their mission performance, pointing first at the negative and then at the positive effects of logic multiplicity. These findings contribute to literature on institutional logics, paradox theory and hybrid organizations.LUISS PhD Thesi

Neo-Pan-Islamism in Turkey: foreign policy discourse of Turkey’s Islamist thinkers and parties (1970s-1990s)

Concepts and typologies for a research on Turkish Islamist Parties and their foreign policy ambitions. A brief history of Turkish Islamism: main thinkers and organizations. The political role of the Naqshbandi Sufi order from the Ottoman Empire to the Republican Era. International affairs discourse of key Islamist authors in Republican Turkey. The Islamist discourse on foreign affairs in Turkey’s Islamist magazines. Elements of neo-Pan-Islamist foreign policy discourse in the NOM’s political parties (1970s-1990s).Concepts and typologies for a research on Turkish Islamist Parties and their foreign policy ambitions. A brief history of Turkish Islamism: main thinkers and organizations. The political role of the Naqshbandi Sufi order from the Ottoman Empire to the Republican Era. International affairs discourse of key Islamist authors in Republican Turkey. The Islamist discourse on foreign affairs in Turkey’s Islamist magazines. Elements of neo-Pan-Islamist foreign policy discourse in the NOM’s political parties (1970s-1990s).LUISS PhD Thesi