Papers by Marta Simoncini
Edward Elgar Publishing eBooks, 2020
DOAJ (DOAJ: Directory of Open Access Journals), Feb 1, 2022
GIORNALE DI DIRITTO AMMINISTRATIVO, 2012
PANÓPTICA - Direito, Sociedade e Cultura, 2009
Perspectives on Federalism, Nov 1, 2017
For the first time since its creation, the European Union (EU) has been living its probably most ... more For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the EU, have affected its functioning and have fundamentally questioned its legitimacy. The gaps in the EU integration process have been uncovered and the fragmentation of EU policies has become a source of different risks. On the anniversary of sixty years of the Rome Treaties, this Special Issue aims to reflect on the paradigms for EU law looking beyond their competing accounts of EU integration. The analysis is developed through a series of contributions that challenge the paradigms in different directions. The discussion is articulated on two levels. On the one hand, a group of contributions focuses on the historical and legal analysis of the emergence and transformation of the EU legal order. These contributions delve deeper into the absence of a European identity and go beyond the inherent critique that the EU is a demoicracy that struggles with a democratic disconnect or even deficit. On the other hand, other contributions debate paradigms and their implementation in important policy domains. These contributions aim to give a more practical perspective on the constitutional and/or administrative character of the European Union, showing its implications and concrete questions.
European Public Law, May 1, 2015
The non-delegation doctrine developed since the Meroni case has been the main constraint to the f... more The non-delegation doctrine developed since the Meroni case has been the main constraint to the full development of EU agencies' powers. In recent years, however, the doctrine is showing its permeability to administrative innovation in the area of internal market regulation. This article aims to contribute to the debate about the sustainability of the Meroni doctrine, by focusing on the European Aviation Safety Agency (EASA)'s rule-making powers as an illustrative case study. In doing so, the article addresses the main issues of the Meroni doctrine and contextualizes these in the specific domain of EASA, with a view to apply, mutatis mutandis, the inferences to other policy domains.
Social Science Research Network, 2015
ABSTRACT On 6 April 2009, an earthquake hit the city of L’Aquila in Italy, destroying much of the... more ABSTRACT On 6 April 2009, an earthquake hit the city of L’Aquila in Italy, destroying much of the historical centre, injuring thousands of people and killing more than 300. In an unprecedented verdict, in October 2012 the court of first instance in L’Aquila condemned for manslaughter the six Italian scientists, members of a national scientific advisory committee. The reasoning underpinning the verdict centres around the scientists’ poor assessment and communication of the seismic risk. Two years later, in November 2014, the Appeal Court of L’Aquila reversed the first instance verdict, acquitting the scientists. This trial is of paramount importance, being the first (criminal) trial to regulatory scientists in contemporary history. Unsurprisingly, the first instance verdict has attracted much criticism. In contrast to most commentaries harshly criticizing the verdict, we find that the first instance verdict invites broader reflection on the role and possible responsibility of scientists in risk governance. We take the L’Aquila trial as a case study and look at the general relevance of this case for a debate on accountability of regulatory science. This article defends the view that, in a world where scientists retain a certain degree of regulatory authority, they should be held accountable for their contribution to regulating risks. While we find criminal liability not necessarily the most appropriate way to establish accountability, it is equally incorrect to have no accountability at all. Drawing on the L’Aquila case, this article shows the overall desirability of a legal framework for accountability of regulatory science.
Verfassungsblog: On Matters Constitutional, Apr 9, 2020
All Italian institutions established at different levels of government have been at the forefront... more All Italian institutions established at different levels of government have been at the forefront in the health emergency to fight the spread of the coronavirus disease (see Diletta Tega and Michele Massa). Yet, they had to take action in the absence of a consistent legal framework establishing a clear division of competences and chain of command in the management of the emergency. The resulting legal uncertainties have been delaying the timely adoption and effective implementation of the containment measures which led to the national lockdown.
Civitas Europa: revue juridique sur l'evolution de la nation et de l'Etat en Europe = revista jurídica sobre la evolución de la nación y del estado en Europa = legal journal on the development of nation and State in Europe, 2009
Rivista trimestrale di diritto pubblico, 2007
Diritto costituzionale, Jul 1, 2022
Nel corso della pandemia le istituzioni europee si sono impegnate a promuovere la coesione econom... more Nel corso della pandemia le istituzioni europee si sono impegnate a promuovere la coesione economico-sociale e scongiurare la crisi delle economie europee attraverso l'adozione di misure atte a favorire la ripresa economica. Questo contributo si propone di analizzare tre diversi aspetti dell'intervento dell'UE nell'economia. In primo luogo, viene esaminato il modello di governance previsto nel contesto del cd. Next Generation EU package. Vengono, quindi, analizzati i meccanismi di condizionalità che subordinano l'accesso ai finanziamenti al rispetto di diversi obiettivi di policy europei. Infine, si esami-na il ruolo della BCE nella promozione della coesione.
European Journal of Law Reform, 2009
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Papers by Marta Simoncini