Rapporti giuridici tra principi comunitari, costituzionali e Internazionalizzazione del mercato
http://elea.unisa.it/xmlui/handle/10556/84
2024-03-29T11:49:40ZOggettività giuridica dell’energia elettrica. Beni comuni e servizi di interesse economico generale
http://elea.unisa.it/xmlui/handle/10556/2498
Oggettività giuridica dell’energia elettrica. Beni comuni e servizi di interesse economico generale
Gibboni, Antonino
Abstract
Electric power summarizes different kinds of utilities and interests considered to be a responsibility of the State, of the person and of the market, taking into account that “not only the functioning of economy but above all of the institutions and of the basic public services and even the survival of people” depend on the security of energy supply. The energy sector has undergone a far-reaching process of privatization and liberalization which has demolished the organization structure provided for by article 43 of the Italian Constitution (public monopoly and vertically integrated undertaking) for the benefit of the market as a result of (alleged) advantages in terms of the efficient allocation of resources. Finally, the use of electricity meets existential interests to the point that it is a real need. In fact, several parties have claimed that the right of access to basic energy services should be elevated to fundamental human right.
The specific characteristics of electric power – in other words the fact that it serves a multiplicity of interests –inevitably influence the legal classification of the resource and the related owner statute. Authoritative legal theory explain that the legal basis of the service lie not so much on the possibility of economic exploitation but on the suitability to become an objective reference point of (economic or existential) interests deserving legal protection. In this perspective, the question is whether electricity can be considered as a common good.
However, in the present case, the selection of specific characteristics is not sufficient to solve the problem of the objectification sub specie iuris. This is mainly due to the fact that the concept of energy is unclear because “even if the term is generally understood, actually it includes a variety of events and situations which cannot be reduced to an unique ensemble”. In this respect, it should be noted right from the start that electrical current is the result of a multi-stage system and that each stage is regulated by specific laws and has its own legal status. [edited by author]
2013 - 2014
2016-09-14T00:00:00ZFornitura di servizi informatici alle imprese e outsourcing
http://elea.unisa.it/xmlui/handle/10556/2365
Fornitura di servizi informatici alle imprese e outsourcing
Baratta, Tiziana
The contracts for delivery of IT services to businesses and, in particular, the outsourcing IT, are highly complex negotiation figures by which the outsourcee rely on other companies the information technology management, to focus its activities on the core business. The outsourcing contracts are medium or long-term contracts, so we have to assess how the speed of the development of technology affect the contract and if the originally agreed services may be modified. We have examined the main theories about contigent and we have concluded that it is necessary to include a renegotiation clause. Then we have examined the breach of the contract, both as regards the renegotiation clause, and as regards the failure of the Service Level Agreement. In the event of serious breaches there is a dispute between parties. With the aim of avoiding long-drawn-out procedures, we have examined the main Alternative dispute resolution instruments and the possibility to apply latest Online dispute resolution also to contracts between the companies. [edited by Author]
2014 - 2015
2016-07-25T00:00:00ZMobile payment
http://elea.unisa.it/xmlui/handle/10556/2359
Mobile payment
Cosconati, Egidio
This research concerns the Mobile payment, which is a new scheme of payment: execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and services, or payment transactions executed by means of any telecommunication, digital or IT device, where the goods or services purchased are delivered to and are to be used through a telecommunication, digital or IT device, provided that the telecommunication, digital or IT operator does not act only as an intermediary between the payment service user and the supplier of the goods and services.
The research tries to verify the compatibility of the financial values communicated from such innovative system of payment (i.e. phone credit) with the general categories, especially with the notion of legal money (art. 1277 c.c.) in its known and currently diffused forms: coin, banking and electronic money.
Because of the fact that the "phone credit" is only a representative value of the price of the phone service used by the customer and provided by the telephone operator, according to the Author it is necessary to distinguish two kinds of phone credit: 1) pre-paid form (subscriber pre-funds its account with the provider of the electronic communications network or service): nulla quaestio, because in this case the monetary values represent the result of the connection established between the phone account and banking (or postal) account; in such case, it is almost certain the nature of the phone credit, which is banking or electronic money; 2) post-paid form (subscriber to the network or service): it is necessary to distinguish between two different kind of recharges.
In the first case (phone credit recharged by bank, post and Imel) it seems quite certain that phone credit is banking or electronic money; on the other hand, it is also certain that the these values, “once converted in phone credit”, are burdened by a tie of destination, that should not allow their generalized use (i.e. to buy every kind of goods).
In the case of a direct recharge (i.e. without bank, post or Imel), credit fund is not banking money because of the fact that a TELCO is not a bank. And it is neither electronic money, in spite of there being many points of similarity with such kind of money. In fact, art. 1 TUB co. 1, lett. h-ter) is an insurmountable obstacle, and it’s not possible to say that credit phone is legal money because of the nature of subjects involved in the recharge procedure: TELCO still are commercial companies, so they are not allowed to send forth electronic money.
In conclusion, the exact nature of the financial values communicated from Mobile Payment (i.e. phone credit) is uncertain, and more in the case of a direct charge. These values, neither electronic, neither banking, seems to place in a sort of so called "monetary limbo", having points of contact and divergence with all kind of currently diffused money.
According to the Author, these values are becoming a further monetary species, i.e. phone money, because of the fact that the range of goods and services that it is possible to buy by these value, is constantly increasing. [edited by Author]
2014 - 2015
2016-07-28T00:00:00ZLe procedure ad evidenza pubblica, con particolare riferimento alle forme innovative di approvvigionamento. Profili ricostruttivi ed aspetti problematici
http://elea.unisa.it/xmlui/handle/10556/2343
Le procedure ad evidenza pubblica, con particolare riferimento alle forme innovative di approvvigionamento. Profili ricostruttivi ed aspetti problematici
Altamura, Fabio
The main features involved in the field of public procurement are generated by the continuous and often laborious synthesis between law and economics; between protection of the community and the rights of the individual contracting party of the PA.
The current legislation, which defines the procedures for the award of contracts by public Administration is often at the center of innovations and legislative procedures that are renovating the scope and structure.
Taking into account the relevant changes already made to the context of the matter by the Legislative Decree n. 163 of 13 April 2006, on the transposition of Directives 2004/18/EC and 2004/17/EC, and in light of the new Directives 2014/23, 2014/24 and 2014/25, it was intended to proceed, in the first part of the work, to reconstruct the framework of the core values of the notion of public evidence, in the field of internal and community, taking care to highlight - in the respective jurisdictions - the main differences in the underlying philosophy that characterizes the public contract.
If at the national level, the notion of public evidence began as the contractor of choice system P.A. with the aim of safeguarding the fairness and impartiality of administrative action, and then evolve towards greater estimate of private interests through the means of protection of competition and equal economic operators access, the Community law, however, reports the ratio of the rules governing public procurement, established by the purpose of creating conditions of effective competition in the context of selection procedures, in order to guarantee freedom of establishment and freedom to provide services under Articles. 43 and 49 of the EU Treaty.
4
There are many technical standards used by the Community legislature - with the advanced time within the three mentioned Directives of 2014 - , all of them inspired at the principles of non-discrimination, transparency, equal treatment, proportionality and mutual recognition with respect to notion of effective competition.
In the light of these principles, and after setting out the conceptual framework of reference, it is interesting result grasp the degree of evolution of matter and the question of what are the most current issues, with particular reference to the E-government and the current electronic tools trading (marketplace of PPAA). The latter represent the individual steps towards the necessary adjustment to those procurement models based entirely, or nearly so, on the use of electronic tools.
And the European Union funded a complex of measures aimed at imparting a strong acceleration, namely by 2016, for all Member States, towards the so-called "E-procurement"; the latter can help to address two of the main challenges that the European economy is confronted: the need to optimize the efficiency of public spending in a context of budgetary restrictions and the need to find new sources of economic growth.
The above considerations could be enough to understand the complexity of the issue that has much relevant even to light the issue of EU Directives of 2014. It will be interesting, therefore, to wait even the ways in which the novelties enshrined in the Directives are transposed from sorting inside. [edited by Author]
2014 - 2015
2016-09-06T00:00:00Z