The Double Face of the Rule of Law in the European Legal Order: an Administrative Law Perspective

This Article aims to outline three problematic aspects arising from the peculiar, composite nature of the European legal system considering its many asymmetries. The first element is of a cultural-historical nature, and the goal is to highlight that, in terms of scientific and methodological ascendancy, the European order came into being with a different genetic heritage from that of modern States. The second aspect concerns the relationship between economics and law and the growing process of \u201cjuridification\u201d of economic rules. The aim is to show how this process may have altered the traditional concept of the rule of law as it has taken shape in democracies. The third part explores the idea that this may have affected the diversified and asymmetric development of administrative and constitutional law in the European legal order. It then looks at how this asymmetry may have contributed to the aforementioned disconnect between citizens and institutions. The Article concludes by arguing that the attempt to reconnect European citizens and Institutions needs to start from a non-infrastructural and non-instrumental concept of law and from a consistent balance in the relationship between administrative and constitutional law

Orphan Drugs for the Treatment of Rare Diseases. A Comparative Public Law Perspectives

This article aims to analyse the regulatory framework of the orphan drugs for the treatment of rare diseases. After defining the concepts of “orphan drug” and “rare disease” and reviewing the U.S. and European regulatory regimes, the essay examines the Italian legislation and, in particular, the balance of the current distribution of expenditure between public bodies and private economic operators. The article reaches the conclusion that current Italian framework represents a best practice: it allows the most appropriate constitutional balance between public interest, private economic operators interest and right to health of individuals

L'organizzazione dello Stato unitario

Lo scritto analizza la formazione dello Stato unitario, concentrandosi sui primi anni della sua esistenza, quelli compresi tra il 1861 e il 1864. Sono prese in considerazione, a questo fine, le componenti fondamentali dell'ordinamento italiano

L'intervento pubblico per contrastare la povertà tra teoria e prassi

The essay aims to deepen the topic of public tools to overcome poverty, which is constantly growing following the economic and financial crises of recent years. The article starts from the Italian constitutional framework and the judgements of the Constitutional Court and then examines the public instruments introduced by the government to fight increasing poverty. In particular, the essay analyzes the legislative discipline of citizenship income, highlighting the critical issues of this tool, but also highlighting that, by eliminating this tool, there will be a need for effective active employment policies and alternative tools to keep growing poverty under control