Chi decide sulle norme tecniche? Un'analisi del dialogo tra istanze tecniche e istanze politiche nella formazione e applicazione delle norme tecniche

La tesi si propone l’obiettivo di indagare le modalità di interazione tra conoscenze tecnico-scientifiche e dato normativo, a partire dallo studio delle c.d. norme tecniche, ossia le norme, dotate di forza giuridica o meno, elaborate sulla base di conoscenze tecnico-scientifiche. La ricerca analizza diversi settori dell’ordinamento, accomunati da un’elevata influenza di saperi tecnici e al tempo stesso da un’indubbia rilevanza dal punto di vista costituzionale (la disciplina delle sperimentazioni cliniche dei farmaci, quella delle emissioni inquinanti di origine industriale e quella relativa agli standard di sicurezza dei prodotti), individuando quelle che al loro interno si possono considerare norme tecniche e mettendone in luce sia i profili formali (in quali atti-fonte sono contenute, quale natura giuridica presentano) che il procedimento di formazione, con particolare attenzione ai soggetti che vi prendono parte. Si propone quindi una sistematizzazione degli elementi emersi dall’indagine a partire da due diverse prospettive: in primo luogo tali dati vengono analizzati dal punto di vista dogmatico, individuando i diversi meccanismi di ingresso del dato tecnico-scientifico nel tessuto normativo (incorporazione nella norma giuridica, impiego di clausole generali, rinvio a norme extra-giuridiche), al fine di mettere in luce eventuali profili problematici per quanto riguarda il sistema delle fonti. La seconda prospettiva prende invece quale punto di riferimento il “centro di elaborazione sostanziale” delle norme considerate, al fine di evidenziarne i diversi fattori di legittimazione: a partire da esigenze di armonizzazione della disciplina e dall’assunto della neutralità delle conoscenze tecnico-scientifiche rispetto agli interessi coinvolti, l’elaborazione delle norme tecniche vede infatti un significativo ripensamento degli equilibri non solo fra attori pubblici e privati, ma anche tra legittimazione politica e legittimazione “tecnica” della scelta normativa. A tali aspetti è dedicata la parte conclusiva del lavoro, in particolare per quanto riguarda la conformità rispetto al disegno costituzionale.

Il divieto d'abuso del diritto nell'esperienza tributaria europea e tedesca

La tematica dell’abuso del diritto in campo fiscale ha conosciuto, negli ultimi anni, una diffusione particolarmente rilevante. Questo lavoro, dopo una necessaria premessa introduttiva alla problematica, affronta l’abuso del diritto in campo tributario tramite l’analisi degli strumenti classici dell’ermenutica, constatando come si arrivi ad un intreccio tra lo strumento della clausola generale anti-abuso e il principio di divieto d’abuso del diritto sviluppatosi a livello europeo, concretizzazione del più ampio principio dell’effettività del diritto dell’Unione Europea. L’analisi prende a modello, da un lato, la clausola generale anti-abuso tedesca, adottata già nel primo dopoguerra, e le sue diverse modifiche legislative occorse negli anni, e dall’altro, il principio europeo di divieto d’abuso del diritto. L’esame congiunto rivela un cortocircuito interpretativo, posto che il principio europeo espone gli stessi concetti della clausola nazionale tedesca pre riforma, la quale, in seguito, alle sentenze Halifax e Cadbury Schweppes, ha subito un’importante modifica, cosicchè la clausola generale abbisogna ora del princìpio europeo per essere interpretata. La tesi evidenzia, inoltre, come tale circuito sia aggravato anche da tensioni interne alle stesse Istituzioni europee, posto che, nonostante l’esistenza di un principio di elaborazione giurisprudenziale, gli Stati Membri sono stati invitati ad introdurre una clausola generale anti-abuso, la cui formulazione rimanda al principio di divieto d’abuso del diritto elaborato dalla Corte di Giustizia.

A Robust Parser of Czech

Mr. Kubon's project was inspired by the growing need for an automatic, syntactic analyser (parser) of Czech, which could be used in the syntactic processing of large amounts of texts. Mr. Kubon notes that such a tool would be very useful, especially in the field of corpus linguistics, where creating a large-scale "tree bank" (a collection of syntactic representations of natural language sentences) is a very important step towards the investigation of the properties of a given language. The work involved in syntactically parsing a whole corpus in order to get a representative set of syntactic structures would be almost inconceivable without the help of some kind of robust (semi)automatic parser. The need for the automatic natural language parser to be robust increases with the size of the linguistic data in the corpus or in any other kind of text which is going to be parsed. Practical experience shows that apart from syntactically correct sentences, there are many sentences which contain a "real" grammatical error. These sentences may be corrected in small-scale texts, but not generally in the whole corpus. In order to be able to complete the overall project, it was necessary to address a number of smaller problems. These were; 1. the adaptation of a suitable formalism able to describe the formal grammar of the system; 2. the definition of the structure of the system's dictionary containing all relevant lexico-syntactic information, and the development of a formal grammar able to robustly parse Czech sentences from the test suite; 3. filling the syntactic dictionary with sample data allowing the system to be tested and debugged during its development (about 1000 words); 4. the development of a set of sample sentences containing a reasonable amount of grammatical and ungrammatical phenomena covering some of the most typical syntactic constructions being used in Czech. Number 3, building a formal grammar, was the main task of the project. The grammar is of course far from complete (Mr. Kubon notes that it is debatable whether any formal grammar describing a natural language may ever be complete), but it covers the most frequent syntactic phenomena, allowing for the representation of a syntactic structure of simple clauses and also the structure of certain types of complex sentences. The stress was not so much on building a wide coverage grammar, but on the description and demonstration of a method. This method uses a similar approach as that of grammar-based grammar checking. The problem of reconstructing the "correct" form of the syntactic representation of a sentence is closely related to the problem of localisation and identification of syntactic errors. Without a precise knowledge of the nature and location of syntactic errors it is not possible to build a reliable estimation of a "correct" syntactic tree. The incremental way of building the grammar used in this project is also an important methodological issue. Experience from previous projects showed that building a grammar by creating a huge block of metarules is more complicated than the incremental method, which begins with the metarules covering most common syntactic phenomena first, and adds less important ones later, especially from the point of view of testing and debugging the grammar. The sample of the syntactic dictionary containing lexico-syntactical information (task 4) now has slightly more than 1000 lexical items representing all classes of words. During the creation of the dictionary it turned out that the task of assigning complete and correct lexico-syntactic information to verbs is a very complicated and time-consuming process which would itself be worth a separate project. The final task undertaken in this project was the development of a method allowing effective testing and debugging of the grammar during the process of its development. The problem of the consistency of new and modified rules of the formal grammar with the rules already existing is one of the crucial problems of every project aiming at the development of a large-scale formal grammar of a natural language. This method allows for the detection of any discrepancy or inconsistency of the grammar with respect to a test-bed of sentences containing all syntactic phenomena covered by the grammar. This is not only the first robust parser of Czech, but also one of the first robust parsers of a Slavic language. Since Slavic languages display a wide range of common features, it is reasonable to claim that this system may serve as a pattern for similar systems in other languages. To transfer the system into any other language it is only necessary to revise the grammar and to change the data contained in the dictionary (but not necessarily the structure of primary lexico-syntactic information). The formalism and methods used in this project can be used in other Slavic languages without substantial changes.

Perfect and Perfective in Hausa

In West African languages that have the relative TAM marking, i.e., a system of syntactically conditioned alternating TAM paradigms, it is generally considered that the paradigms in each alternating pair have necessarily the same meaning. This paper shows that in Hausa, the Completive, which appears in pragmatically neutral clauses, and the Relative Perfective, which appears in pragmatically marked clauses (such as relative clauses), have, respectively, a basic perfect and perfective semantics, and that in some marked cases the alternation is not possible. The paper also shows that the two paradigms have acquired derived uses in a way consistent with the results of typological studies in the domain of tense/aspect.

Global Standards: Recent Developments betweend the Poles of Privacy and Cloud Computing

The development of the Internet has made it possible to transfer data ‘around the globe at the click of a mouse’. Especially fresh business models such as cloud computing, the newest driver to illustrate the speed and breadth of the online environment, allow this data to be processed across national borders on a routine basis. A number of factors cause the Internet to blur the lines between public and private space: Firstly, globalization and the outsourcing of economic actors entrain an ever-growing exchange of personal data. Secondly, the security pressure in the name of the legitimate fight against terrorism opens the access to a significant amount of data for an increasing number of public authorities.And finally,the tools of the digital society accompany everyone at each stage of life by leaving permanent individual and borderless traces in both space and time. Therefore, calls from both the public and private sectors for an international legal framework for privacy and data protection have become louder. Companies such as Google and Facebook have also come under continuous pressure from governments and citizens to reform the use of data. Thus, Google was not alone in calling for the creation of ‘global privacystandards’. Efforts are underway to review established privacy foundation documents. There are similar efforts to look at standards in global approaches to privacy and data protection. The last remarkable steps were the Montreux Declaration, in which the privacycommissioners appealed to the United Nations ‘to prepare a binding legal instrument which clearly sets out in detail the rights to data protection and privacy as enforceable human rights’. This appeal was repeated in 2008 at the 30thinternational conference held in Strasbourg, at the 31stconference 2009 in Madrid and in 2010 at the 32ndconference in Jerusalem. In a globalized world, free data flow has become an everyday need. Thus, the aim of global harmonization should be that it doesn’t make any difference for data users or data subjects whether data processing takes place in one or in several countries. Concern has been expressed that data users might seek to avoid privacy controls by moving their operations to countries which have lower standards in their privacy laws or no such laws at all. To control that risk, some countries have implemented special controls into their domestic law. Again, such controls may interfere with the need for free international data flow. A formula has to be found to make sure that privacy at the international level does not prejudice this principle.

Not for Designers: On the Inadequacies of EU Design Law and How to Fix It

Design rights represent an interesting example of how the EU legislature has successfully regulated an otherwise heterogeneous field of law. Yet this type of protection is not for all. The tools created by EU intervention have been drafted paying much more attention to the industry sector rather than to designers themselves. In particular, modern, digitally based, individual or small-sized, 3D printing, open designers and their needs are largely neglected by such legislation. There is obviously nothing wrong in drafting legal tools around the needs of an industrial sector with an important role in the EU economy, on the contrary, this is a legitimate and good decision of industrial policy. However, good legislation should be fair, balanced, and (technologically) neutral in order to offer suitable solutions to all the players in the market, and all the citizens in the society, without discriminating the smallest or the newest: the cost would be to stifle innovation. The use of printing machinery to manufacture physical objects created digitally thanks to computer programs such as Computer-Aided Design (CAD) software has been in place for quite a few years, and it is actually the standard in many industrial fields, from aeronautics to home furniture. The change in recent years that has the potential to be a paradigm-shifting factor is a combination between the opularization of such technologies (price, size, usability, quality) and the diffusion of a culture based on access to and reuse of knowledge. We will call this blend Open Design. It is probably still too early, however, to say whether 3D printing will be used in the future to refer to a major event in human history, or instead will be relegated to a lonely Wikipedia entry similarly to ³Betamax² (copyright scholars are familiar with it for other reasons). It is not too early, however, to develop a legal analysis that will hopefully contribute to clarifying the major issues found in current EU design law structure, why many modern open designers will probably find better protection in copyright, and whether they can successfully rely on open licenses to achieve their goals. With regard to the latter point, we will use Creative Commons (CC) licenses to test our hypothesis due to their unique characteristic to be modular, i.e. to have different license elements (clauses) that licensors can choose in order to adapt the license to their own needs.”

A Qualitative Study on the Adoption of Copyright Assignment Agreements (CAA) and Copyright License Agreements (CLA) within Selected FOSS Projects

Open source software projects are multi-collaborative works incorporating the contributions of numerous developers who, in spite of publishing their code under a public license such as GPL, Apache or BSD, retain the copyright in their contributions. Having multiple copyright-owners can make the steering of a project difficult, if not impossible, as there is no ultimate authority able to take decisions relating to the maintenance and use of the project. This predicament can be remedied by centring the dispersed copyrights in a single authority via contributor agreements. Whether to introduce contributor agreements, and if so in which form, is a pressing question for many emerging, but also for established projects. The current paper provides an insight into the ethos of different projects and their reason for adopting or rejecting particular contributor agreements. It further examines the exact set-up of the contributor agreements used and concludes that smart drafting can blur the difference between CAAs and CLAs to a considerable extent, manoeuvring them into a legal grey area. To avoid costly litigation to test the legal enforceability of individual clauses, this paper proposes the establishment of an international committee comprised of developers, product managers and lawyers interested in finding a common terminology that may serve as a foundation for every contributor agreement

Old captains at the helm: chairman age and firm performance

This paper examines whether the chairmen of the boards (COBs) impose their life cycles on the firms over which they preside. Using a large sample of unlisted firms, we find a robust negative relation between COB age and firm performance. COBs age much like ‘ordinary’ people. Their cognitive abilities deteriorate, and they experience significant shifts in motivation. Deteriorating cognitive abilities are the main driver of the performance effect that we observe. The results imply that succession planning problems in unlisted firms are real. Mandatory retirement age clauses cannot solve these problems.

Advances in Kartvelian Morphology and Syntax. Contributions to the festival of languages Bremen, 17 Sep to 7 Oct, 2009

Within the scope of Festival of Languages took place in 2009 the Conference Advances in Kartvelian Morphology and Syntax. Selected presentations are presented in this publication. The authors discuss topics such as anaphora in Svan, intonation in Georgien, pragmatics of subordinating clauses in Georgian, but also research on modern developments as SMS-communication in Georgian language area etc. DEUTSCH: Im Rahmen des Festivals der Sprachen fand im Jahre 2009 an der Universität Bremen die Tagung Advances in Kartvelian Morphology and Syntax statt. Ausgewählte Vorträge werden mit dieser Publikation vorgestellt. Die Autoren behandeln unter anderem Themen wie Ana-pher im Svanischen, Intonation im Georgischen, Pragmatik von Nebensätzen des Georgi-schen, aber auch Forschungen über moderne Entwicklungen wie die SMS-Kommunikation im georgischsprachigen Sprachraum usw. CONTENTS: NINO AMIRIDZE, TAMAR RESECK & MANANA TOPADZE GÄUMANN: Preface; KEVIN TUITE: The Kartvelian suffixal intransitive; MANANA KOBAIDZE: Towards the morphological and syntactical classification of Georgian verbs; RENÉ LACROIX: Origin of Sets I–II suffixes in South Caucasian through reanalysis; STAVROS SKOPETEAS & CAROLINE FÉRY: Prosodic cues for exhaustive interpretations: a production study on Georgian intonation; WINFRIED BOEDER: Anaphora in Svan; YASUHIRO KOJIMA : The position of rom and the pragmatics of subordinate clauses in Georgian; NATIA AMAGHLOBELI : Morphological aspects of Georgian SMS language.

Three essays on prices and selection

Competitive Market Segmentation Abstract In a two-firm model where each firm sells a high-quality and a low-quality version of a product, customers differ with respect to their brand preferences and their attitudes towards quality. We show that the standard result of quality-independent markups crucially depends on the assumption that the customers' valuation of quality is identical across firms. Once we relax this assumption, competition across qualities leads to second-degree price discrimination. We find that markups on low-quality products are higher if consuming a low-quality product involves a firm-specific disutility. Likewise, markups on high-quality products are higher if consuming a high-quality product creates a firm-specific surplus. Selection upon Wage Posting Abstract We discuss a model of a job market where firms announce salaries. Thereupon, they decide through the evaluation of a productivity test whether to hire applicants. Candidates for a job are locked in once they have applied at a given employer. Hence, such a market exhibits a specific form of the bargain-then-ripoff principle. With a single firm, the outcome is efficient. Under competition, what might be called "positive selection" leads to market failure. Thus our model provides a rationale for very small employment probabilities in some sectors. Exclusivity Clauses: Enhancing Competition, Raising Prices Abstract In a setting where retailers and suppliers compete for each other by offering binding contracts, exclusivity clauses serve as a competitive device. As a result of these clauses, firms addressed by contracts only accept the most favorable deal. Thus the contract-issuing parties have to squeeze their final customers and transfer the surplus within the vertical supply chain. We elaborate to what extent the resulting allocation depends on the sequence of play and discuss the implications of a ban on exclusivity clauses.

Case innovation and agentive marking: A comparative overview of Central Indo-Aryan

A split-ergative construction had developed during the late MIA period (Bubenik 1998; Peterson 1998) in which subjects of perfective transitive clauses were marked ergative by an oblique form, in contrast with the nominative form for non-ergative subjects. Later in the NIA period, most NIA languages (e.g. Urdu/Hindi) developed a postpositional clitic that was added to the oblique suffix, while others (e.g. Sindhi) continued to mark ergative subjects with a generic oblique suffix. This paper focuses on one exceptional case: the Dehwali language of Gujarat. Dehwali has an ergative marker that is a fusional suffix (i.e. layer I - Masica 1991: 231) and appears to inflect to agree in number and gender with the subject it marks. I will present two possible scenarios as to the origin of the Dehwali ergative marker: that it may be the remnant of an archaic MIA oblique form, or that it may be a more recent innovation as the result of increased contact with neighbouring varieties. Based on theories of grammaticisation, I argue that the former hypothesis is more likely. These theories show that it is not uncommon for oblique case forms (i.e. ablative; genitive) to carry agentive properties.

Admissibility via natural dualities

It is shown that admissible clauses and quasi-identities of quasivarieties generated by a single finite algebra, or equivalently, the quasiequational and universal theories of their free algebras on countably infinitely many generators, may be characterized using natural dualities. In particular, axiomatizations are obtained for the admissible clauses and quasi-identities of bounded distributive lattices, Stone algebras, Kleene algebras and lattices, and De Morgan algebras and lattices.

Nominalization and nominalization-based constructions in Galo

This paper describes nominalization and nominalization-based constructions in Galo, a Tibeto-Burman language of the Tani branch spoken in North East India. Nominalizers in Galo are divided into primary and secondary sets, while nominalization-based constructions are divided into two types: nominalized clauses and clausal nominalizations. Both primary and secondary nominalizers help form nominalized clauses, which are uninflected, exhibit a genitive subject, and enter into nominal complement and relative clause constructions. Clausal nominalizations are formed by primary nominalizers only, may be inflected, exhibit a nominative subject, and in general take on a more main clause-like structure and set of functions. Following this basic description, the diachronic origins of Galo nominalizers are discussed, and the Galo forms and patterns are situated in terms of a broader typology of nominalization in Tibeto-Burman.

Three Essays on Age and Firm Performance

Old captains at the helm: Chairman age and firm performance Urs Waelchli and Jonas Zeller December, 2012 This paper examines whether the chairmen of the board (COBs) impose their life-cycles on the firms over which they preside. Using a large sample of unlisted firms we find a robust negative relation between COB age and firm performance. COBs age much like ‘ordinary’ people. Their cognitive abilities deteriorate and they experience significant shifts in motivation. Deteriorating cognitive abilities are the main driver of the performance effect that we observe. The results imply that succession planning problems in unlisted firms are real. Mandatory retirement age clauses cannot solve these problems. Corporate Aging around the World Jonas Zeller January, 2014 This paper examines whether firms internationally age as US firms do (Loderer, Stulz, and Wälchli, 2013). Using a large panel, I find that Tobin’s Q monotonically falls with firm Age across all nineteen countries in the sample. The decrease varies across countries but is generally extremely robust and economically significant. ROA, sales growth, and market share decrease over a firm’s lifetime in most countries as well. Furthermore, older firms reduce their capital expenditures and R&D outlays. Instead, they distribute more cash to their shareholders. Overall, the results suggest that corporate aging is not confined to the US but is a genuine phenomenon that affects listed firms worldwide. This evidence supports the hypothesis that corporate aging is driven by managers who optimally focus on managing their assets in place and neglect the development of growth opportunities. I finally ask whether the managers’ choice and with it the magnitude of the decline in Tobin’s Q is a function of country-level institutional settings. I find that most notably firms age faster in countries where employees are relatively well protected by labor regulation. Is employment protection the fountain of corporate youth? Claudio Loderer, Urs Wälchli, Jonas Zeller* September 2014 Acharya, Baghai, and Subramanian (2012, 2013) find that employment protection legislation (EPL) encourages innovation. We argue that this effect should be particularly strong in mature firms. We would therefore also expect EPL to boost growth opportunities. Using the natural Experiment created by the staggered passage of changes in EPL across seventeen countries, we find evidence that employment protection legislation does indeed stimulate Innovation efforts, especially in mature firms. The effect is stronger in countries in which patents are owned by the firm and in the context of regular contracts. Consistent with that, EPL encourages risk taking. Overall, however, there is Little evidence that the effect of EPL on innovation effort translates into higher firm value, not even in mature firms. EPL does motivate employees in those firms to put in a greater effort, as evidenced by stronger sales growth. Yet it also increases costs, reduces profitability, and depresses Tobin’s Q ratios in all firms, especially the mature ones, possibly because of the rigidities that characterize these firms [Loderer, Stulz, and Waelchli (2014)].

Givenness, procedural meaning and connectives: The case of French puisque

I argue that the communication of given information is part of the procedural instructions conveyed by some connectives like the French puisque. I submit in addition that the encoding of givenness has cognitive implications that are visible during online processing. I assess this hypothesis empirically by comparing the way the clauses introduced by two French causal connectives, puisque and parce que, are processed during online reading when the following segment is ‘given’ or ‘new’. I complement these results by an acceptability judgement task using the same sentences. These experiments confirm that introducing a clause conveying given information is a core feature characterizing puisque, as the segment following it is read faster when it contains given rather than new information, and puisque is rated as more acceptable than parce que in such contexts. I discuss the implications of these results for future research on the description of the meaning of connectives.