Books by Nadia Maccabiani
FrancoAngeli, 2018
Increasing inequalities, social exclusion and poverty within the EU (although at a different scal... more Increasing inequalities, social exclusion and poverty within the EU (although at a different scale between States) prove that the effectiveness of social rights falls behind their formal entitlements and their judicial enforceability. Beyond the classical way followed by legal studies in dealing with the issue, the focus would shift to experimental ways better able to cope with the current multifaceted implications of social exclusion, poverty and inequalities for the purpose of effective and improved social inclusion. Indeed, legacies stemming from developments at the European level (recent and less recent) are relevant not only for policy-makers and social scientists but for legal scholars too. These latter are expected to pick up and underline the main aspects of constitutional relevance implied in the process and steer it towards being constitutionally consistent. Against this background, our claim for an interdisciplinary dialogue with social sciences focuses on the constitutional implications underlying the use of social indicators within the European governance framework.
Papers by Nadia Maccabiani
Rivista AIC, 2024
This paper, drawing on the progressive reduction of the national political margin of manoeuvre du... more This paper, drawing on the progressive reduction of the national political margin of manoeuvre due to external constraints stemming from the European economic governance system, identifies three channels through which an extensive “technicization” of political choices flow. This process takes place under the European influence and regardless of its formalization and enshrinement into technical or technocratic governments. The first channel is organizational, the second procedural, and the third content-based. However, behind the supposed neutrality of the operational criteria and parameters of technique, which rely upon efficiency, effectiveness, and economy, lies a reversal of both, traditional legal categories and modern constitutionalism principles
ENHANCING EFFECTIVENESS OF DEMOCRATIC REPRESENTATION DISTRICTS AND EQUALITY OF THE VOTE WITHIN DIFFERENT ELECTORAL SYSTEMS AND FORM OF GOVERNMENT, 2024
In a period like the one we are experiencing, where the possibility to influence and manipulate k... more In a period like the one we are experiencing, where the possibility to influence and manipulate knowledge and – as a consequence – public opinion has achieved a pervasive and extended potency far beyond that of the past, some legal priorities should be set and complied with before dealing with representative as well as direct democracy. Strengthening voters’ awareness is crucial, and in particular, establishing legal tenets aimed at protecting and improving their information environment. Such an implementation firstly urges for direct democracy, given its ability to produce immediate “legally binding choices” devoid of any previous formalised intermediation, made of discussions, debates and deliberation by competent representative bodies; but it equally urges for the healthiness of representative democracy
osservatoriosullefonti, 2023
Taking inspiration from the transformations of law as a reaction to "exogenous" factors, this pap... more Taking inspiration from the transformations of law as a reaction to "exogenous" factors, this paper focuses on two regulatory techniques: nudge regulation and technological management. While briefly describing their main features, the aim is to highlight two aspects that, in the au-thor's opinion, require further consideration from a constitutional perspective: one concerning individual freedoms, and the other concerning the relationship between powers (i.e. legislative and executive).
Osservatorio sulle fonti, 2022
Starting from an overview of the formal and substantial scope of the sources of law, the paper de... more Starting from an overview of the formal and substantial scope of the sources of law, the paper deals
with the regulatory strategies implemented by the European Union in reference to the new emerging
technologies. More specifically, on the one hand, the paper aims at underling the substantial implica-
tions of co-regulation for the protection of fundamental rights; on the other hand, it aims at assessing
the “safeguards” of public law relevance provided by the GDPR, the DSA and the AIA, in respect of
the discretionary choices delivered by their “general clauses” to co-regulation.
BioLaw Journal, 2022
In a datadriven period, with Machine Learning (ML) systems that thrive, owing to the huge data av... more In a datadriven period, with Machine Learning (ML) systems that thrive, owing to the huge data availability (Big Data), and affect people with assessments, predictions and decisions, our focus rests upon some prerequisites which must be met if ML is ever to operate fairly, i.e. data quality and its standardisation. In reference to the underlying (apparently mere) technical procedures, the paper rests on the relevant legal implications in terms of both fundamental rights and regulatory techniques. In this respect, it is the constitutional recovery of the EU through its recently launched Strategies (on Artificial Intelligence and Standardisation) that comes into play, paving the path towards a steering and monitoring role by the European institutions that supports an improving rights-oriented approach and a re-framing of regulatory techniques.
Il contributo esamina l'ulteriore metamorfosi dell’istituto del decreto-legge nell’ambito del... more Il contributo esamina l'ulteriore metamorfosi dell’istituto del decreto-legge nell’ambito del nostro sistema delle fonti con l’avvento del Governo presieduto dal prof. Mario Monti . Una parabola evolutiva che, nel primo semestre del 2012, si è snodata tra le opposte spinte di due distinti “poli istituzionali”: da un lato quello degli organi contitolari dell’indirizzo politico, il Governo ed il Parlamento, mentre dall’altro quello costituito dagli organi preposti alla garanzia della legalità costituzionale, vale a dire la Presidenza della Repubblica e la Corte costituzionale. Il saggio analizza quei decreti-legge del Governo Monti che hanno toccato in modo decisamente penetrante ampi settori dell’ordinamento giuridico, precedentemente gestiti dal solo legislatore, utilizzando delle tecniche normative quanto meno “inedite”
Regioni: Bimestrale di analisi giuridica e istituzionale, 2021
Regioni: Bimestrale di analisi giuridica e istituzionale, 2020
Regioni: Bimestrale di analisi giuridica e istituzionale, 2019
This paper starts from far (the European governance and, in particular, the European Economic gov... more This paper starts from far (the European governance and, in particular, the European Economic governance) and arrives nearer (representative democracy and National Parliaments). While a constitutionalist scholar is not used to work with the first concept, the second one is the core of the modern constitutionalism. The paper does not deny the validity of the interdisciplinary concept of governance and acknowledges that as soon as National Parliaments come across the governance processes their traditional role is changing. Following this methodological approach, the paper notices that if the European (and global) governance has already flawed National Parliaments’ traditional role the European economic governance has caused a further restraint on their political scope through benchmarks and statistical indicators. It is also far from this paper’s aims to challenge the validity of the economic theories underlying the European economic governance procedures. But it is within a constitutionalist scholar’s duties to defend the pivotal role of National Parliaments in economic, fiscal and budget policies, not only because these subjects remain within the Member States’ competences (although under the European coordination, surveillance and corrective mechanisms) but also because of their political implications in term of social justice better represented by the inclusiveness and pluralism of National Parliaments. Paradoxically, although European law has contributed to the declining role of National Parliaments, it has triggered their enhancement in the European institutional procedures, lastly through the Two Pack’s provisions. Among these provisions we have selected the ones which have opened a direct contact between the European Commission and National Parliaments because of their «multiple virtues» towards further European integration, EU’s democratic legitimacy and solidarity among Member States. The first virtue is about the institutional dynamics which – at national level – enhance National Parliaments’ control powers towards National Governments while – at European level – (re)balance the Commission within the European institutional framework. The second virtue is about the awareness processes which – at national level – strengthen European knowledge and solidarity in National Parliaments (Art. 12, par. 1 and Art. 3, par. 3, TEU), and – at European level – put in contact the European Commission with the pluralistic and inclusive politics represented in National Parliaments fostering the politicisation started by the Article 17, par. 7, TEU which links the appointment of the Commission’s President to the elections of the European Parliament . So European law has thrown the seeds of National Parliaments’ awareness participation, if they wanted, to the European economic governance, in a euro-national institutional maturity perspective. The promise of these European law’s provisions is towards a more democratic legitimacy in the European economic governance favouring more economic and budgetary integration and solidarity among Member States. But the implied perspective of this promise seems to hide an impotence and guilt acknowledgment by National Governments which for succeeding in their purpose (against the spread Euroscepticism) they have had to call in accountability National Parliaments. A timid recovery of representative democracy over European economic governance procedures? Surely a clear evidence of the current validity of the concept inside changing contexts (those of the European economic governance) which also appears as a necessary instrument for developing more integration and solidarity among Member States within the European economic processes
Il semestre europeo è il perno attorno al quale ruotano alcune recenti e significative iniziative... more Il semestre europeo è il perno attorno al quale ruotano alcune recenti e significative iniziative della Commissione europea. Da un lato, quella relativa al Pilastro europeo dei diritti sociali; dall’altro lato, le proposte legislative miranti al completamento dell’Unione Economica e Monetaria. Il minimo comun denominatore è rinvenibile nell’esigenza di andare oltre il mero “nominalismo” adottato da Maastricht per una convergenza reale, sia di ordine macro-economico che sociale. Eppure, alla prova dei fatti, l’intento ri-equilibratore dell’Esecutivo europeo ne esce nuovamente monco: sottoponendo a duplice stress test il mainstreaming del Pilastro sia nel suo primo anno di “rodaggio” all’interno delle procedure del semestre, che nelle proposte legislative di completamento dell’UEM, le istanze sociali risultano sospese in una sorta di “limbo operativo” dietro cui si cela la solita “tenzone” tra logiche intergovernative e comunitarie. Abstract [En]:Some recent and significant proposals ...
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Books by Nadia Maccabiani
Papers by Nadia Maccabiani
with the regulatory strategies implemented by the European Union in reference to the new emerging
technologies. More specifically, on the one hand, the paper aims at underling the substantial implica-
tions of co-regulation for the protection of fundamental rights; on the other hand, it aims at assessing
the “safeguards” of public law relevance provided by the GDPR, the DSA and the AIA, in respect of
the discretionary choices delivered by their “general clauses” to co-regulation.
with the regulatory strategies implemented by the European Union in reference to the new emerging
technologies. More specifically, on the one hand, the paper aims at underling the substantial implica-
tions of co-regulation for the protection of fundamental rights; on the other hand, it aims at assessing
the “safeguards” of public law relevance provided by the GDPR, the DSA and the AIA, in respect of
the discretionary choices delivered by their “general clauses” to co-regulation.