Abstract: Marco Mascia, Pietro de Perini This article analyses the "Rule of Law Framework" initiative launched by the European Commission in 2014 to strengthen the rule of law in member states and prevent the activation of the procedure set forth in art. 7 of the Treaty on European Union. Using a theoretical approach based on Multi-level Governance, the article pursues three objectives. Firstly, it aims to analyse the Commission framework with reference to the parallel initiatives on this matter launched, between 2014 and 2016, by the Council and the European Parliament with a view to verify whether the three institutions are moving synergistically or, on the contrary, a new dialectics between a supranational and a more intergovernmental approaches is emerging. Secondly, the article aims to investigate the external and internal factors that have pushed the European Commission to strengthen its role as the Institution tasked to be the ‘guardian’ of the Treaties. Finally, the article aims to analyse if and to what extent European Institutions have provided for a role for local authorities in implementing these initiatives, also in light of the recommendations advanced by the Committee of the Regions on the issue. Consistent with Multi-level Governance assumptions, and given both the fundamental importance of a healthy rule of law for human rights enjoyment and the significant legitimation and recognition that EU institutions have attributed to local authorities on human rights over time, the main hypothesis driving this article is that European institutions should entrust local authorities with a primary and transversal role in the recent initiatives to strengthen the rule of law PubDate: Wed, 15 Jan 2019 8:00:00 GMT
Abstract: Raffaele Torino The Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, further weakened the role of the data subject’s consent to the processing and free circulation of his personal data, equated and even exceeded by the hypotheses in which such consent is no longer necessary. On the other hand, the new European rules introduce and/or reiterate, with more details, some forms of protection of self-determination concerning the personal data and, in particular, a right to object to the processing of personal data and decisions based on exclusively automated processing, including profiling. These protections represent the real test of the residual sphere of autonomy of the individual existences with respect to the phenomena of the s.c. Big Data and of the s.c. ‘Dictatorship of the algorithm’ PubDate: Wed, 15 Jan 2019 8:00:00 GMT
Abstract: Loredana Teodorescu The 2015 migratory crisis renewed the need to strengthen the cooperation with countries of origin and transit of migratory flows. The link between the sphere of internal affairs and that of foreign policy has thus emerged more clearly, and the external dimension of migration policy of the EU has experienced a season of renewed dynamism. However, this dynamism on the external side, which seems to be agreed by all the Member States, contrasts with the difficulty of the Union to manage the phenomenon of migration internally. This analysis focuses on the external migration policy, highlighting that, although it represents an integral and fundamental part of the European approach in the area, it cannot be considered a substitute for effective management of flows on the domestic side. The external and internal dimensions of immigration policy are indeed closely linked: if it is true that cooperation with third countries is an essential element for the management of the migration phenomenon, it is equally true that this cooperation is conditioned itself by the effectiveness of the European migration policy and some dynamics of its internal development. PubDate: Wed, 15 Jan 2019 8:00:00 GMT
Abstract: Armando de Crescenzo Following the economic crisis that hit eurozone, the reforms introduced at European and international level have had a significant impact not only on the legislation of member states but also, and above all, on the balance between constitutional bodies. The variables that mark these changes are attributable to both "endodeterminated" and "heterodetermined" factors; in particular by effect of intergovernmental agreements and European Union sources that have profoundly changed the possibility of national parliaments to still influence economic policy choices. Five years after the entry into force of the Fiscal Compact, no effective proposals have been aimed to enhance and "re-evaluate" the role of national and European representative bodies. The present work aims to highlight the main shortcomings related to this context. PubDate: Wed, 15 Jan 2019 8:00:00 GMT
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