La Regolazione Europea Della Societ Digitale

Nel contesto in rapida evoluzione della società digitale, la regolazione europea emerge come un riferimento essenziale per studiosi ed operatori del diritto. Il Volume contiene analisi puntuali di Regolamenti e Direttive adottati dall’UE, nel corso degli ultimi tre anni (Data Governance Act e Data Act, NIS 1 e NIS 2, Digital Service Act e Digital Market Act), in attuazione del cd. Decennio Digitale Europeo 2020-2030 così come di alcuni temi trasversali, quali quello delle fonti del diritto utilizzate per la disciplina della società digitale, quello dell’approccio risk-based e quello dell’evoluzione delle Autorità indipendenti e di governo. Gli Autori mettono in luce che le normative oggetto di indagine vogliono contribuire, sulla scia del GDPR ed con l’IA ACT sullo sfondo, a definire un modello europeo di società digitale capace di perseguire contemporaneamente due obiettivi: quello essenziale di garantire l’esistenza del mercato unico digitale, e quindi un futuro all’UE; e quello politico di rappresentare una fonte di ispirazione e una guida per altri soggetti che debbano disciplinare il trattamento dei dati nella società digitale e garantire i diritti fondamentali online. Questo libro si propone, quindi, come una guida affidabile per coloro che cercano di comprendere la complessa rete normativa che regola il trattamento dei dati nell’attuale realtà europea. Inoltre, gli Autori sono tutti titolari di corsi universitari in materia di trattamento dei dati nella società digitale e, quindi, i saggi qui raccolti hanno anche una dichiarata finalità formativa.

The collective volume “Modern Forms of Work. A European Comparative Study” evokes the intent to embody a reflection focused on modern labour law issues from a comparative perspective. A first set of essays contains national reports on modern forms of work. The second group contains some reflections regarding critical issues on digitalization, platforms and algorithms, analysing the different facets of the galaxy of digital work. The third group of essays flows into the section entitled “new balances and workers’ rights in the digital era”, a crucial topic in the debate. The complex of the writings, despite the diversity of approaches and methods, reveals the existence of a dense and inexhaustible dialogue between young scholars, at European and extra-European level. The analysis of new forms of work – the offspring of transnational processes of globalization and technologization – forms a fertile ground for experimenting a transnational dialogue on which young researchers can practice with excellent results, as this small volume confirms.

This book is the result of a research project designed and carried out at the Department of Architecture, University of Florence. This research was based on the transfer of knowledge from members of the Albanian Diaspora in Italy (university students, young architects and researchers) to their home country. This unique process blazed a trail in the Albania-related studies by creating a methodology, which could be replicated not only in Albanian rural contexts, but also elsewhere. The book constitutes a structured tool for generating sustainable and socially inclusive territorial development processes in five lesser-known Albanian cultural sites. Their tangible and intangible cultural heritage was seen as a driving factor for triggering development processes aimed at improving the inhabitants’ quality of life and strengthening local identity and social networks. Through concrete proposals and strategies, the book offers scenarios and solutions capable of enhancing the potential of each village and, at the same time, counteracting the effects of land abandonment that so often characterise them.

This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.

Responding to growing interest in new regulations adopted by the EU, US, and UK authorities, this book provides a comprehensive overview of the legal and economic aspects of FinTech and the current regulation surrounding it. In particular, the book observes the technological evolution of finance and the ‘economic space’ that lies between the regulated market and the illegal circulation of capital. Analysing laws that influence the application of technology to the banking and finance sector, the author considers market infrastructure and illustrates how firms execute their activities on a global scale, away from the scope of public supervision and monetary backstops. With globalisation and digitalisation boosting efficiency, the economical relevance of technology is becoming ever more important and therefore this book provides a much-needed examination of the current trends in FinTech regulation, making it an essential read for those researching financial markets, and professionals within the industry.

This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.