249,916 research outputs found

    Relazioni collettive e dirigenza pubblica: prove di legislazione al test della Consulta (ed ancora alla ricerca di un assetto ragionevole) = Collective relations and public leadership: evidence of legislation at the Consulta test (and still looking for a reasonable structure). WP C.S.D.L.E. “Massimo D’Antona”.IT – 330/2017

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    The Italian Constitutional Court judgment No. 251 of 2016, declared the unconstitutionality of various provisions concerning the law No. 124 of 2015 (including those contained in Article 11 delegating the Government to amend the Legislative Decree No. 165 of 2001 provisions concerning the public managers). In particular, the Constitutional Court highlighted the breach of the loyal cooperation principle, whereas it was envisaged that the legislative decrees were adopted as a consequence of the attainment of a relevant opinion, rather than as a consequence of an agreement reached within the context of the Italian State-Regions Conference. Even if the judgment considered in principle the enabling act only, indirectly it had an impact also on the executive decree on public managers’, which was, as a consequence, withdrawn by the Government before the promulgation. Thus, even before the entry into force, another public managers’ reform has failed. The paper, reproducing the speech delivered at the Bertinoro Conference in December 2016, after having briefly analyzed the limited provisions in number concerning the trade union relations outlined in the new legislative decree proposal, examines the issues that the Constitutional Court's judgment leaved open. After that, the paper analyzes the trade union system as defined by the current provisions, which has been largely ineffective for some ‘congenital defects’ as well as for some financial reasons. In the final section the paper examines the issue of precariousness of public managers that, without a mechanism linking in an strong way the manager assignments’ to the performance assessment, always risks evolving into a system intended to guarantee the loyalty to the appointer, in contrast with the univocal evolution of the Italian constitutional jurisprudence, that actually have constitutionalized the principle of functional distinction between the political direction activities and the administrative management

    Kant, Bolzano, and the Formality of Logic

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    In §12 of his 1837 magnum opus, the Wissenschaftslehre, Bolzano remarks that “In the new logic textbooks one reads almost constantly that ‘in logic one must consider not the material of thought but the mere form of thought, for which reason logic deserves the title of a purely formal science’” (WL §12, 46).1 The sentence Bolzano quotes is his own summary of others’ philosophical views; he goes on to cite Jakob, Hoffbauer, Metz, and Krug as examples of thinkers who held that logic abstracts from the matter of thought and considers only its form. Although Bolzano does not mention Kant by name here, Kant does of course hold that “pure general logic”, what Bolzano would consider logic in the traditional sense (the theory of propositions, representations, inferences, etc.), is formal. As Kant remarks in the Introduction to the 2nd edition of Kritik der reinen Vernunft , (pure general) logic is “justified in abstracting – is indeed obliged to abstract – from all objects of cognition and all of their differences; and in logic, therefore, the understanding has to do with nothing further than itself and its own form” (KrV, Bix).

    Social dialogue, laval-style

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    <p>Ever since the European Court of Justice delivered its Laval judgment on 18 December 2007, the name of this small Latvian company has become notorious. The sole mention of ‘Viking and Laval’ has become short-hand for those critical of a certain idea of Europe giving primacy to economic considerations to the detriment of ‘social Europe’. This article intends to go back to the original Laval judgment to reconstruct its history and deconstruct its myth.</p> <p>The Viking and Laval judgments have been criticized for using freedom of establishment and freedom to provide services respectively as ‘trumps’ against the fundamental right of freedom of association and collective action . What protection for the right to strike after what the Court decided, one was inclined to ask? Were we going to see social dumping become the norm, a race to the bottom that would see Eastern European workers compete against their Western counterparts by offering their low labour cost as their best asset? These are crucial questions and they have justly been discussed extensively elsewhere. This article considers the Laval judgment, and explores a different angle, by taking as its starting point Habermas’ theory of discursive practices as guarantees for a democratic outcome and offering the Swedish system of collective agreements as a substantiation of such practices. In this context, the article argues, the comprehensive dismissal by the Court of the carefully constructed and balanced system of social dialogue between management and labour is truly the most disturbing aspect of this controversial judgment. For all the supposed importance placed on discursive practices and social dialogue for the European social model, when confronted with a successful example of such model, the Court retreated in the familiar territory of hard law and statutory obligations. In doing so, it willfully misunderstood the function of collective bargaining, by effectively decoupling its process from its function, and leaving social dialogue with the hollow role of a deliberative practice devoid of any finality, the very openness of which both signifies and nullifies its democratic credentials.,</p&gt

    Front Polisario. A Step Forward in Judicial Review of International Agreements by the Court of Justice?

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    In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU and the Kingdom of Morocco. The agreement had been implemented by the parties as covering also products originating from Western Sahara, a non-self-governing territory militarily occupied by Morocco. In its previous case law, the Court of Justice had mainly limited to procedural aspects the judicial review of acts related to the EU’s foreign relations. In Front Polisario it took a different view, and assessed the validity of the decision also on the merits. This Insight examines the technique used by the Court of Justice, and tries to identify which reasons led it to depart from its traditional standard of judicial review

    A Paradox of Inferentialism

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    John McDowell articulated a radical criticism of normative inferentialism against Robert Brandom’s expressivist account of conceptual contents. One of his main concerns consists in vindicating a notion of intentionality that could not be reduced to the deontic relations that are established by discursive practitioners. Noticeably, large part of this discussion is focused on empirical knowledge and observational judgments. McDowell argues that there is no role for inference in the application of observational concepts, except the paradoxical one of justifying the content of an observational judgment in terms of itself. This paper examines the semantical consequences of the analysis of the content of empirical judgments in terms of their inferential role. These, it is suggested, are distinct from the epistemological paradoxes that McDowell charges the inferentialist approach with

    Semantics of Separation-Logic Typing and Higher-order Frame Rules for<br> Algol-like Languages

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    We show how to give a coherent semantics to programs that are well-specified in a version of separation logic for a language with higher types: idealized algol extended with heaps (but with immutable stack variables). In particular, we provide simple sound rules for deriving higher-order frame rules, allowing for local reasoning

    The "European model" of international law and its significance for Asia. Some critical reflections. EU Centre in Singapore Working Paper No. 7, June 2012

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    There is a certain arrogance in the affirmation that a “European model” of regional integration and of compliance with international law should be adopted anywhere in the world, and in Asia in particular. This article argues on the contrary that Asia and Europe are in fundamentally different situations vis-à-vis international law. Based on an analysis of recent events and latest legal developments in Europe, it puts the “European model” of regional integration and the European selective compliance with international law in perspective with regard to the Asian context. Without denying that “civilizations” should learn from one another and that the European experience may be relevant to some extent in Asia, this article concludes that the tools developed in Europe should be used differently in Asia
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