The German Federal Court and its first ultra vires review: a critique and a preliminary assessment of its consequences

The essay examines the ruling of the German Federal Court of 5 May 2020 concerning the secondary markets public sector asset purchase programme (PSPP), set up in 2015 and whose validity was confirmed by the Court of Justice in the Weiss case (C-493/17). Although there has been a crescendo on the conditions set out by the BundesVerfGericht (BVerfG) to the exercise of EU powers, the ruling which is commented, came as a surprise. Indeed, for the first time the German Court held a judgment of the Luxemburg court, in the context of a preliminary ruling, is not binding since the latter has acted ultra vires. The position of the BVerfG can be criticised since it undermines the authority of the Court of Justice and may cause “a crisis within the crisis.” Other critiques concern the way the principle of proportionality is interpreted, the same use of the doctrine of ultra vires review with respect to the ECB’s decision instituting the PSPP for its failure to adequately motivate the Programme

The Integration of Migration Concerns into EU External Policies: Instruments, Techniques and Legal Problems

This Article examines the recent EU practice of concluding practical arrangements designed, on the one hand, to return irregular migrants to countries of origin or transit and, on the other, to provide trade incentives to States hosting refugees, such as Jordan, in exchange for offering Syrian refugees employment opportunities. After examining the legal nature of the mentioned sui generis instruments, it is argued that preference for informal agreements with third countries is capable of affecting the external powers enjoyed by the European Parliament and the EU’s accountability in its external action. The Article stresses that the Compact with Jordan has, to some extent, improved the situation of Syrians in that country. Finally, it is contended that the exceptional importance attached to the readmission of third country nationals in EU relations with developing countries has made the EU lose sight of the primary aim of development cooperation policy, which is to fight povert

Formation and interaction of resonance chains in the open 3-disk system

In ballistic open quantum systems one often observes that the resonances in the complex-energy plane form a clear chain structure. Taking the open 3-disk system as a paradigmatic model system, we investigate how this chain structure is reflected in the resonance states and how it is connected to the underlying classical dynamics. Using an efficient scattering approach we observe that resonance states along one chain are clearly correlated while resonance states of different chains show an anticorrelation. Studying the phase space representations of the resonance states we find that their localization in phase space oscillate between different regions of the classical trapped set as one moves along the chains and that these oscillations are connected to a modulation of the resonance spacing. A single resonance chain is thus no WKB quantization of a single periodic orbits, but the structure of several oscillating chains arises from the interaction of several periodic orbits. We illuminate the physical mechanism behind these findings by combining the semiclassical cycle expansion with a quantum graph model.Comment: 25 pages, 15 figure

Operationalizing the circular city model for naples' city-port: A hybrid development strategy

The city-port context involves a decisive reality for the economic development of territories and nations, capable of significantly influencing the conditions of well-being and quality of life, and of making the Circular City Model (CCM) operational, preserving and enhancing seas and marine resources in a sustainable way. This can be achieved through the construction of appropriate production and consumption models, with attention to relations with the urban and territorial system. This paper presents an adaptive decision-making process for Naples (Italy) commercial port's development strategies, aimed at re-establishing a sustainable city-port relationship and making Circular Economy (CE) principles operative. The approach has aimed at implementing a CCM by operationalizing European recommendations provided within both the Sustainable Development Goals (SDGs) framework-specifically focusing on goals 9, 11 and 12-and the Maritime Spatial Planning European Directive 2014/89, to face conflicts about the overlapping areas of the city-port through multidimensional evaluations' principles and tools. In this perspective, a four-step methodological framework has been structured applying a place-based approach with mixed evaluation methods, eliciting soft and hard knowledge domains, which have been expressed and assessed by a core set of Sustainability Indicators (SI), linked to SDGs. The contribution outcomes have been centred on the assessment of three design alternatives for the East Naples port and the development of a hybrid regeneration scenario consistent with CE and sustainability principles. The structured decision-making process has allowed us to test how an adaptive approach can expand the knowledge base underpinning policy design and decisions to achieve better outcomes and cultivate a broad civic and technical engagement, that can enhance the legitimacy and transparency of policies

Study of the spectral properties of ELM precursors by means of wavelets

The high confinement regime (H-mode) in tokamaks is accompanied by the occurrence of bursts of MHD activity at the plasma edge, so-called edge localized modes (ELMs), lasting less than 1 ms. These modes are often preceded by coherent oscillations in the magnetic field, the ELM precursors, whose mode numbers along the toroidal and the poloidal directions can be measured from the phase shift between Mirnov pickup coils. When the ELM precursors have a lifetime shorter than a few milliseconds, their toroidal mode number and their nonlinear evolution before the ELM crash cannot be studied reliably with standard techniques based on Fourier analysis, since averaging in time is implicit in the computation of the Fourier coefficients. This work demonstrates significant advantages in studying spectral features of the short-lived ELM precursors by using Morlet wavelets. It is shown that the wavelet analysis is suitable for the identification of the toroidal mode numbers of ELM precursors with the shortest lifetime, as well as for studying their nonlinear evolution with a time resolution comparable to the acquisition rate of the Mirnov coils

Comparing the Evolution of the Galaxy Disk Sizes with CDM Models: The Hubble Deep Field

The intrinsic sizes of the field galaxies with I<26 in the Hubble and ESO-NTT Deep Fields are shown as a function of their redshifts and absolute magnitudes using photometric redshifts derived from the multicolor catalogs and are compared with the CDM predictions. Extending to lower luminosities and to higher z our previous analysis performed on the NTT field alone, we find that the distribution of the galaxy disk sizes at different cosmic epochs is within the range predicted by typical CDM models. However, the observed size distribution of faint (M_B>-19) galaxies is skewed with respect to the CDM predictions and an excess of small-size disks (R_d<2 kpc) is already present at z~ 0.5. The excess persists up to z~3 and involves brighter galaxies . Such an excess may be reduced if luminosity-dependent effects, like starburst activity in interacting galaxies, are included in the physical mechanisms governing the star formation history in CDM models.Comment: 9 pages, 3 figures, ApJ Letters in pres

CSM-400 - Multi-agent Foreign Exchange Market Modelling via GP

In this work we combine Genetic Programming (GP) and intelligent agents to build a realistic foreign exchange currency market simulator. GP is used to express and evolve trading strategies. In the paper we analyse the decisions made in the design of the simulator with respect to authenticity of the representation and the efficiency of the system. A number of experimental results are also reported

A wavelet-based method to measure the toroidal mode number of ELMs

The high confinement mode regime (H-mode) in tokamaks is accompanied by the occurrence of burst of MHD activity at the plasma edge, so-called edge localized modes (ELMs). Because of the short time scales involved in the ELM crash (on JET typically 0.2 ms), standard Fourier analysis can hardly be used to extract their toroidal mode number. On the other hand, the assessment of linear stability of ELMs with the ion drift effects included, makes the identification of their toroidal mode numbers an important issue, while an accurate comparison with the theory of nonlinear evolution of ELMs requires the knowledge of the nonlinear spectrum. Compared to Fourier analysis, wavelets are suitable to study transient events on time scales comparable to the wave period. Spectral analysis based on sinusoidal wavelet functions has been applied to study the spectral properties of magnetic perturbations associated with ELMs and with their precursors, in JET plasmas with toroidal rotation driven by unbalanced NBI. It is shown that, combining wavelet analysis with statistical two-point correlation techniques, it is possible to get information on the toroidal mode number structure of magnetic perturbations during the phases that immediately precede the ELM and during the ELM crash itself

Cetomedizzazione e nuove polarit\ue0

Il saggio riflette sull'evoluzione dei ceti medi nell'Italia contemporanea e in particolare sui nuovi fenomeni di pauperizzazione che si riflettono un generalizzato scivolamento verso il basso nella stratificazione sociale. Con il supporto di una analisi empirica dei mutamenti recenti intervenuti nella distribuzione dei redditi, il saggio giunge alla conclusione di un incremento della distanza sociale tra ceti produttivi e redditieri, a fronte di una convergenza nei processi di impoverimento che interessano sia i ceti medi dipendenti, sia quelli imprenditoriali.The crisis shapes societies all over Europe, triggering mobility processes due to general socioeconomic downgrading, as well producing socio-cultural changing, for instance, modifying self class positioning. The article explores such aspects in Italian society, where, almost since the Sixties, the labour market, acting positively as a factor of income redistribution, has been the main economic function underlying the process of "middle-class-ing" of society (De Rita, 1996; Bagnasco, 2003; De Rita and Galdo, 2011), promoting the social encounter between the raising of condition for lower classes and the sliding of the upper classes, more and more focused on consumption and less culturally able to influence the political and institutional decision-making. Nowadays, such "middle-class-ing" trends (interpretable partly as a failure, partly as a renounce of the bourgeoisie to lead as an effective ruling class), have shifted, due to socioeconomic difficulties, to a sort of "working-class-ing" (Diamanti, 2011) interesting an increasing part of the entrepreneurship, where many middle-small business owners feel much closer in terms of social positioning to their employees, workers or craftsmen, because they share with them risks and uncertainty. Nonetheless, especially the working and middle class, more and more less supported by the welfare in the prolonged crisis, are suffering a progressive worsening of socioeconomic conditions. Using datasets from Banca d\u2019Italia, the contribution observe such trends of social mobility since the beginning of the crisis in 2008, observing the evolution in income, property and consumption behaviors from the perspective of the different labour market positions

The German federal constitutional court's exercise of ultra vires review and the possibility to open an infringement action for the commission

L'articolo esamina la possibilità che sia aperto un ricorso per infrazione contro la Germania a seguito delle violazioni che emergono dalla dichiarazione della Corte Federale tedesca che la Corte di Giustizia ha agito ultra vires quando ha statuito nella sentenza Weiss (C-493/17). La valutazione della proporzionalità del programma di acquisto di titoli nel settore pubblico (PSPP) della Banca Centrale europea è contestata dalla corte interna tedesca. Noi ricordiamo che la Commissione europea gode di grande discrezione nell'avviare un ricorso per infrazione ex art. 258 TFUE e può essere riluttante ad usare i suoi poteri considerando la posizione speciale che le corti costituzionali hanno nel contesto dell'art. 267 TFEU e la situazione derivante dalla pandemia. Tuttavia, la possibilità di presentare un simile ricorso per le violazioni degli obblighi dei Trattati risultanti dalla interpretazioni non corrette del diritto dell'UE da parte di corti di ultima istanza è stata ammessa nella sentenza C-129/00 Commissione c. Italia e applicata in due ricorsi successivi (C-154/08 Commissione c. Spagna e C-416/17 Commissione c. Francia). A seguito della sentenza del 5 maggio 2020, la Corte di Giustizia potrebbe dichiarare che la Germania ha violato gli obblighi che derivano dall'art. 267 TFEU e la giurisprudenza relativa, l'art. 19 TUE e l'art. 5(2) TEU. Altre violazioni riguardano l'indipendenza della BCE e della Bundesbank (che è membro del sistema europeo di banche centrali e dell'eurosistema) sulla base dell'articoli 130, 282(3) TFEU e dell'articolo 7 del Protocollo (No. 4) sullo Statuto del SEBC e della BCE. Sosteniamo che la Germania ha violato tutte queste disposizioni, insieme a quella relativa all'obbligo di cooperazione leale, ex art. 4(3) TEU. Tuttavia, la nostra conclusione è che non è certo che la Commissione aprirà (o continuerà qualora l'avrà già avviato nei prossimi giorni) un ricorso per infrazione contro la Germania poiché la Bundesbank potrebbe soddisfare le richieste della Corte Federale tedesca in relazione alla proporzionalità del PSPP. Si spera che gli organi statali tedeschi faranno in modo che il PSPP possa continuare, assicurando così il funzionamento dell'eurozona, nonostante gli attacchi della corte federale tedesca al giudice dell'Unione e alla sentenza Weiss in particolare.The paper examines the possible opening of an infringement procedure against Germany as a result of the breaches that emerge from the declaration by the German Constitutional Court that the Court of Justice has acted ultra vires in the Weiss judgment (C-493/17). The proportionality assessment of the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), carried by the Court of Justice, is contested by the domestic court. We recall that the Commission enjoys great discretion regarding the launch of an infringement action based upon Article 258 of the TFEU and may be reluctant to use its powers, considering the special position of the constitutional courts in the context of Article 267 TFEU as well as the present situation of emergency following the pandemic. Yet, the possibility to start an infringement procedure for breaches of Treaty obligations resulting from an incorrect interpretation of domestic courts was admitted in case C-129/00 Commission v. Italy and applied in two subsequent cases (C-154/08 Commission v. Spain and C-416/17 Commission v. France). As a result of the ruling of May 5, 2020, the Court of Justice may find that Germany failed to fulfil obligations stemming from Article 267 TFEU and the related case-law, Article 19 TEU, as well as Article 5(2) TEU. Other breaches concern the independence of the ECB and of the Bundesbank (being it a Member of the European System of Central Banks (ESCB) and of the Eurosystem) as defined in Articles 130, 282(3) TFEU and Article 7 of the Protocol (No. 4) on the Statute of the ESCB and of the ECB. We argue in favour of the violation of all these provisions read in conjunction with the duty of loyal cooperation, laid down in Article 4(3) TEU. Yet, we conclude that it is uncertain whether the Commission will open (or continue) an infringement procedure against Germany since the Bundesbank may act to satisfy the requests of the German Constitutional Court in relation to the proportionality of the PSPP. It is to be hoped that the German State organs will make sure that the PSPP may be continued, thus ensuring the functioning of the Eurozone, despite the attack of the BVerfG to the EU Judicature and to Weiss ruling in particular