Administrative Reforms: Policies, Legal Issues, and Results
The project examines administrative reforms with an interdisciplinary approach (with the participation of lawyers, political scientists, sociologists and economists) and from different perspectives: that of reform policies, that of implementation, that of comparison and connections with foreign and international experiences, and that of local government. One research unit will specifically engage on each of these perspectives. The research units will cooperate intensively through frequent meetings and the exchange of data and documents. This methodology is aimed at remedying frequent defects in public administration studies and particularly in those on administrative reforms, characterized by episodicity, monodisciplinarity, theoretical nature, emphasis on legal provisions, lack of supranational and comparative perspective, descriptive rather than proactive tendency, focus mainly on the national administration. The research aims are primarily scientific in nature, but the research group members aim to make a contribution to improving reform policies and implementing ongoing reforms.
Artificial Intelligence and Legal Studies Perspectives. Are the Algorithmic Decision-making and Data-Driven Predictions Calling for a New Legal Framework? A Focus on Financial and Labour Markets Highlighting Protection of Rights and Wealth Distribution
Head: Giuseppe Melis
In line with H2020 for a smart, sustainable and inclusive growth (focus ICT-13 and 26), the research intends to verify whether and how AI linked to algorithmic decisions and predictions based on data impacts on qualifying aspects of national legal theory and practice. The research, mainly legal, aims to identify appropriate tools for the protection of rights and the distribution of wealth by taking as strength the contribution of sociologists, economists and statisticians. There are three objectives:
1. to verify (A) if and how the application of AI questions some traditional legal categories of civil law (i.e. subjectivity and liability) and (B) the forms of repercussion it has, in particular on tax law, business law and labour law;
2. Case Studies: to test the results of the general reflections on two markets that are particularly significant in the application of AI: finance and labour (specifically considered by H2020 as cross-cutting activities for ICT);
3. to propose a reference framework useful to guide both the legislator (national and supranational) in their choices of policies and regulation of the phenomenon, and the private operators by providing them with a reference model for legal compliance.
The Challenge of Interlegality: A New Perspective on Law
Head: Giovanni Piccirilli
The project elaborates the perspective of interlegality to address the problems due to the overlap between different legalities by simultaneously controlling the same problems. Doctrines of the systemic separation among State law, transnational/international law (e.g. WTO), regional law (e.g. EU) prove to be untenable, unfit to cope with conflicts and to provide guidance in practical issues. Given the material interconnections among subject-matters (e.g. security- access to justice, trade- human rights) interlegality is both the name for this state of affairs and for its explanatory theory. This interdisciplinary research studies its impact in exemplary fields (from security to environment, food safety, immigration, human rights, trade) through constitutional, administrative and international law, as well as taking the vantage point of decision-making authorities, including national regional or international courts.