Servizi offerti su spazi demaniali in concessione e diritto dell'Unione Europea

La tesi analizza, sotto vari aspetti del diritto dell’Unione Europea, i servizi che sono offerti su spazi demaniali. Si articola in quattro capitoli: Il primo capitolo ricostruisce, valutandone l’impatto sui servizi che sono oggetto della presente indagine, lo sviluppo giurisprudenziale della Libertà di Stabilimento e della Libera Prestazione di Servizi, analizzando, altresì, i principi generali e l’art.16 della Carta dei Diritti Fondamentali dell’Unione. Il secondo capitolo è, invece, dedicato al diritto secondario, ossia alla Direttiva 2006/123/CE, alle Direttive “Appalti” e alla Direttiva “Concessioni”. La prima, che nulla aggiunge al quadro normativo trattato nel primo capitolo, svolge, pertanto una vera e propria funzione appaltante e concessoria. Le seconde, invece, seppur non applicabili alle fattispecie ivi esaminate, restano utili per comprendere quale declinazione possano avere i principi di eguaglianza, di non discriminazione, di trasparenza, di pubblicità e di concorrenza nella regolazione dei servizi offerti su spazi demaniali. La terza, invece, in quanto a rilevanza, presenta alcuni punti critici che fanno propendere per una sua non applicabilità. Resta comunque utile sempre in materia di principi, i quali, come evidenziato nell’ultima parte del secondo capitolo, sono stati utilizzati dalla Corte di Giustizia, pur nella totale assenza, fino alla recente direttiva, di strumenti di diritto secondario applicabili alle concessioni. Il terzo capitolo, invece, affronta le problematiche emerse all’interno dell’ordinamento italiano e attua una comparazione tra il sistema italiano e quello portoghese, croato, francese, spagnolo. Il quarto capitolo, da ultimo, prende in considerazione il delicato equilibrio, sempre più attuale, tra principi in materia di appalti pubblici e aiuti di Stato, valutando come, sia il permanere dello status quo, sia un riordino non conforme alla Direttiva 2006/123/CE e ai principi da essa richiamati possa costituire un aiuto di Stato incompatibile con il mercato interno.

Can wild ungulate carcasses provide enough biomass to maintain avian scavenger populations? An empirical assessment using a bio-inspired computational model

Background The reduction in the amount of food available for European avian scavengers as a consequence of restrictive public health policies is a concern for managers and conservationists. Since 2002, the application of several sanitary regulations has limited the availability of feeding resources provided by domestic carcasses, but theoretical studies assessing whether the availability of food resources provided by wild ungulates are enough to cover energetic requirements are lacking. Methodology/Findings We assessed food provided by a wild ungulate population in two areas of NE Spain inhabited by three vulture species and developed a P System computational model to assess the effects of the carrion resources provided on their population dynamics. We compared the real population trend with to a hypothetical scenario in which only food provided by wild ungulates was available. Simulation testing of the model suggests that wild ungulates constitute an important food resource in the Pyrenees and the vulture population inhabiting this area could grow if only the food provided by wild ungulates would be available. On the contrary, in the Pre-Pyrenees there is insufficient food to cover the energy requirements of avian scavenger guilds, declining sharply if biomass from domestic animals would not be available. Conclusions/Significance Our results suggest that public health legislation can modify scavenger population trends if a large number of domestic ungulate carcasses disappear from the mountains. In this case, food provided by wild ungulates could be not enough and supplementary feeding could be necessary if other alternative food resources are not available (i.e. the reintroduction of wild ungulates), preferably in European Mediterranean scenarios sharing similar and socio-economic conditions where there are low densities of wild ungulates. Managers should anticipate the conservation actions required by assessing food availability and the possible scenarios in order to make the most suitable decisions.

Legal Aspects of Sino-­African Tied Aid: The Art of Playing with a Legal Grey Area

Sino-African trade has seen a fifty-fold increase in the years 1999 to 2008. In some African regions, particularly in sub-Saharan Africa, China has even replaced the US as the most important trading partner today. But China holds not a single FTA on the African continent, while other major trading partners of African economies rely on an extensive framework of different trade agreements. What is, thus, the legal basis of the recent increase of Sino-African trade? Interestingly, Sino-African trade has seen a particularly strong increase in countries that have entered into tied aid agreements with China. These agreements are commonly known under the term ‘Angola-Model’ and consist of a multifaceted network of barter-trading-systems, aspects of tied aid and concessions for oil and other commodities linked with a state loan. It is likely that these agreements have an impact on the trade-flows between African countries and China. This paper discusses the legal character of this new form of economic cooperation, or modern version of tied aid. Critical legal aspects related to this form of tied aid refer to violation of the principle of most-favoured nation (MFN), illegitimate export subsidies, market access, public procurement and transparency in the international trading system. However, despite the recent outcry of the foremost Western community against the strategy of the Chinese government on the African continent, the practice of the Angola-Model based tied aid is not entirely new, and neither is it against the law. The case of tied aid is situated in a legal grey area that should be examined thoroughly in order to strengthen the international trading system and to support developing countries in their attempt to gain from tied aid arrangements.

Las tierras pblicas en el sudeste bonaerense: los partidos de Arenales y Ayacucho, 1850-1880

Este trabajo da cuenta del traspaso de tierras pblicas a manos privadas en dos partidos del nuevo sur bonaerense, Arenales y Ayacucho, entre 1850 y 1880. En l se toma el contexto de revisin de la legislacin rosista sobre tierras y de la aplicacin de las leyes de arrendamientos pblicos y ventas posteriores. Cul fue el impacto de estas leyes en estos territorios; quines fueron sus beneficiarios; cmo afectaron la trama de derechos en torno al acceso a la tierra, son algunos de los interrogantes que se intentan responder.

Las tierras pblicas en el sudeste bonaerense: los partidos de Arenales y Ayacucho, 1850-1880

Este trabajo da cuenta del traspaso de tierras pblicas a manos privadas en dos partidos del nuevo sur bonaerense, Arenales y Ayacucho, entre 1850 y 1880. En l se toma el contexto de revisin de la legislacin rosista sobre tierras y de la aplicacin de las leyes de arrendamientos pblicos y ventas posteriores. Cul fue el impacto de estas leyes en estos territorios; quines fueron sus beneficiarios; cmo afectaron la trama de derechos en torno al acceso a la tierra, son algunos de los interrogantes que se intentan responder.

Las tierras pblicas en el sudeste bonaerense: los partidos de Arenales y Ayacucho, 1850-1880

Este trabajo da cuenta del traspaso de tierras pblicas a manos privadas en dos partidos del nuevo sur bonaerense, Arenales y Ayacucho, entre 1850 y 1880. En l se toma el contexto de revisin de la legislacin rosista sobre tierras y de la aplicacin de las leyes de arrendamientos pblicos y ventas posteriores. Cul fue el impacto de estas leyes en estos territorios; quines fueron sus beneficiarios; cmo afectaron la trama de derechos en torno al acceso a la tierra, son algunos de los interrogantes que se intentan responder.

Prototype of EN 301 549 Decision tree

The new European Standard EN 301 549 “Accessibility requirements suitable for public procurement of ICT products and services in Europe” is the response by CEN, CENELEC and ETSI to the European Commission’s Mandate 376. Today, ICT products and services are converging, and the boundaries between product categories are being constantly blurred. For that reason EN 301 549 has been drafted using a feature-based approach, instead of being based on product categories. The result is a standard that can be applied to any ICT product and service, by identifying applicable requirements depending on the features of the ICT. This demonstration presents ongoing work at the research group CETTICO of the Technical University of Madrid. CETTICO is developing a workgroup-based support tool where teams of people can annotate the result of performing a conformity assessment of a given ICT product or service according to the requirements of the EN. One of the functions of the tool is creating evaluation projects. During that task the user defines the features of the corresponding ICT product or service by answering questions presented by the tool. As a result of this process, the tool will create a list of applicable requirements and recommendations.

Enforcement in the EU Single Market. CEPS Paperbacks. October 2012

Enforcement of and compliance with laws and regulations in the single market of the European Union are not only legally necessary, but also of crucial economic importance for business, consumers and the EU economy at large. This book provides a comprehensive overview of the current EU enforcement landscape and its functioning. The classical infringement route via the Court of Justice of the European Union remains critical as a last resort, but it is increasingly seen as very slow and costly. The new emphasis relies heavily on a range of pre-infringement as well as preventive initiatives that prevent new technical barriers from arising. They also tend to be far less costly and more rapid, informal and effective in pursuing a properly functioning internal market. These improvements are welcome news for the single market, yet EU enforcement still has problems to solve, for example in the area of public procurement.

Rule-Makers or Rule-Takers? Exploring the Transatlantic Trade and Investment Partnership

The Transatlantic Trade and Investment Partnership (TTIP) is an effort by the United States and the European Union to reposition themselves for a world of diffuse economic power and intensified global competition. It is a next-generation economic negotiation that breaks the mould of traditional trade agreements. At the heart of the ongoing talks is the question whether and in which areas the two major democratic actors in the global economy can address costly frictions generated by their deep commercial integration by aligning rules and other instruments. The aim is to reduce duplication in various ways in areas where levels of regulatory protection are equivalent as well as to foster wide-ranging regulatory cooperation and set a benchmark for high-quality global norms. In this volume, European and American experts explain the economic context of TTIP and its geopolitical implications, and then explore the challenges and consequences of US-EU negotiations across numerous sensitive areas, ranging from food safety and public procurement to economic and regulatory assessments of technical barriers to trade, automotive, chemicals, energy, services, investor-state dispute settlement mechanisms and regulatory cooperation. Their insights cut through the confusion and tremendous public controversies now swirling around TTIP, and help decision-makers understand how the United States and the European Union can remain rule-makers rather than rule-takers in a globalising world in which their relative influence is waning.

Access to parental leave in Australia: evidence from Negotiating the Life Course

Although unpaid parental leave has been available to most Australian employees for more than a decade, and public sector legislation and company policies provide at least some employees with an entitlement to paid parental leave, there is as yet little information available on accessibility, take-up rates or the extent to which current leave provisions meet the needs of parents. In this paper, data from the Negotiating the Life Course survey are used to examine the first of these issues: accessibility. Variations in perceptions of access to paid and unpaid parental leave are examined in bivariate and multivariate analyses, which emphasise marked divisions in the Australian labour market between permanent and casual status. The data also suggest that access to unpaid parental leave is more variable than might be expected from a reading of formal legislative provisions, and raise questions over the accessibility of paid parental leave to those who need it most-employees with young children.

Achieving continuous improvement through self-assessment

In 2007 the UK Office of Government Commerce was mandated to carry out Procurement Capability Reviews (PCR) across the 16 top spending UK Government Departments. Since then, this programme has evolved into a self assessment based approach which is markedly different from the original approach. Will the move from a centre-led strategic review of procurement capability to a department-led model based on self assessment continue to strengthen and improve procurement capability across Central Civil Government? OGC is currently working with UK Government Departments to carry out their PCRs using a self-assessment tool which incorporates qualitative and quantitative measures. Results are generated based on a capability maturity model. The results are assured independently. OGC expectations are that tangible and measurable capability improvements will be realised when departments embed the self-assessment model and implement the findings as part of a continuous improvement regime. This paper is a case study, using some relevant literature to reflect on past and possible future development of the PCR self assessment scheme.

건설 프로젝트 프로세스 관리 효율화를 위한 영국과 미국의 BIM 현황 분석

World-wide efforts have been made to adopt BIM (Building Information Modelling) to improve the efficiency of construction project management processes lively. BIM means a shared digitized expression which provides a reliable source to make an informed decision over a physical or a functional character across all construction sectors including design, civil engineering and plant construction. The Korean Public Procurement Service mandates to use BIM for over 50 billion won public construction projects from 2012, and this will be extended to every project initiated by the Korean Public Procurement Service from 2016. This paper aims not only to investigate potential barriers which can be faced at the initial stage of BIM adoption, but also to explore possible solutions against them. For doing this, the BIM utilization strategies and action plans by US and UK public sectors which adopt BIM earlier than Korea were analysed. Based on the results of comparative analysis between US and UK, the proper guideline for BIM adoption in Korea will be suggested.

Competence requirements for managing supply in interorganizational networks

The authors address the growing call for research into the management of supply networks serving the public sector. Building on prior action research, this empirical paper focuses on the management of supply in interorganizational, health sector networks identifying the competence requirements (skills, knowledge, traits, and behavioural indicators) associated with effective team performance. Drawing on empirical data, the authors present a competence framework that aims to capture a team’s tacit understanding of strategic supply management. Competence indicators are organized into six themes: network understanding; developing network position; relationship management; learning, knowledge and knowledge management; strategy formulation; strategy implementation. Finally, the relevance of the framework to boundary spanning personnel outside the purchasing function and to other organizations is considered.

Projeto de intervenção adaptando o Balanced Scorecard ao sistema de compras da Base Aérea de Natal

The present proposal for intervention examines the issue of public procurements carried out by a military organization on a Federal Public Administration. The main objective of this paper is to propose a model of strategic planning based on the Balanced Scorecard for the public procurement system, which contributes to increased efficiency, efficacy and effectiveness of acquisitions made in the Air Base of Natal city. Therefore, Structured interviews were used in order to make a diagnosis of the current reality of the procurement system along with the main requirement sectors of BANT, as well as the adaptation of the prospects of the BSC based on literature review. The technique used for the analysis of the interviews was the analysis of content whose results contributed to the preparation of the conceptual Strategic Map which was submitted to validation through a Focal Group. It was concluded through the analysis of the interviews, that the system of purchases of BANT is in a tactical profile because of low interaction between the system of purchases and the requirement sectors, aiming only at the “economicity” of acquisition in opposition of the effectiveness of material acquired, the lack of training of the elements which build the system and the absence of a proper planning. It is intended with thecreation of this proposal to contribute to the improvement of management with a focus on results in public administration as well as increasing efficiency, efficacy and effectiveness of public procurements. Whereas for the particular case the measurement of the results can only be performed after at least a year of its implementation, the present research constitutes a proposal of intervention.

Crenças normativas e comportamentais e suas influências na intenção de adoção de um sistema de informação: um estudo na área de compras da UFPA

The study aims to identify the factors that influence the behavior intention to adopt an academic Information System (SIE), in an environment of mandatory use, applied in the procurement process at the Federal University of Pará (UFPA). For this, it was used a model of innovation adoption and technology acceptance (TAM), focused in attitudes and intentions regarding the behavior intention. The research was conducted a quantitative survey, through survey in a sample of 96 administrative staff of the researched institution. For data analysis, it was used structural equation modeling (SEM), using the partial least squares method (Partial Least Square PLS-PM). As to results, the constructs attitude and subjective norms were confirmed as strong predictors of behavioral intention in a pre-adoption stage. Despite the use of SIE is required, the perceived voluntariness also predicts the behavior intention. Regarding attitude, classical variables of TAM, like as ease of use and perceived usefulness, appear as the main influence of attitude towards the system. It is hoped that the results of this study may provide subsidies for more efficient management of the process of implementing systems and information technologies, particularly in public universities