Newsletter n. 1/2022 | December 2021 -February 2022
Are you up to date on the latest news from the Better Regulation world?
In the third number of the newsletter - the first of 2022, the Chairs presents a new initiative: the Good Regulatory Practice contest, organised in collaboration with the Observatory on Italian Independent Regulators' RIA and under the patronage of the Ministry for Public Administration and the Organisation for Economic Co-operation and Development - OECD.
The project is addressed to anyone who has contributed to the implementation of a good regulatory practice by a local, regional, national, European or international administration.
For more detailed information on the Contest, please refer to this document. Also, you can contact the email address betteregulation.jeanmonnet@lumsa.it
The Chair continues with its aim to keep its readers up to date with the news of the last 3 months on better regulation.
Besides, the newsletter suggests the latest publications and the past and upcoming conferences of potential interest.
The website welcomes research notes, in English or in Italian, from whoever has special interest in the regulatory landscape.
You can read here past issues of the newsletter.
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Latest News |
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L’attuazione amministrativa per le oltre 61.426 concessioni demaniali marittime è estremamente differenziata, così che alcune amministrazioni hanno riconosciuto una proroga al 2033, altre hanno rigettato le richieste di proroga disapplicando le norme nazionali, altre più semplicemente non hanno risposto alle richieste dei concessionari.
Tutto questo ha alimentato una mole importante di ricorsi con altrettante variegate soluzioni proposte dai TAR fino ad arrivare alle due adunanze plenarie del CdS (n. 17, n. 18/2021), che contengono un invito al legislatore a normare le procedure di affidamento delle concessioni balneari in conformità al diritto dell’Unione europea. Due pronunce dell’Adunanza Plenaria del Consiglio di Stato n. 17 e 18 del 2021 hanno affrontato l’annosa tematica dell’affidamento delle concessioni demaniali marittime per uso turistico-ricreativo (concessioni balneari), dichiarando l’inefficacia delle varie proroghe ai concessionari disposte dalle leggi in materia, per contrasto con il diritto europeo (in particolare con la Direttiva “Bolkestein” del 2006).
Queste sentenze sono state oggetto di un seminario che si è svolto il 19 gennaio 2022 presso l’Università La Sapienza di Roma, promosso dal Prof. Enzo Cannizzaro, che ha introdotto e presieduto i lavori, e dal Prof. Marcello Clarich, che li ha conclusi.
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AIR Observatory's Quarterly Review: n. 1/2022| Rassegna Trimestrale Osservatorio AIR: n. 1/2022The January 2022 issue of the AIR Observatory's Quarterly Review is out.
This first issue of the thirteenth volume of the "Quarterly Review of the AIR Observatory" opens with a reflection regarding the impact of the National Recovery and Resilience Plan (RRP) on the regulation and administrative capacity of our Country (Italy). For months now, debates on the RRPN have been the hot topic discussion in political, institutional and academic circles. The latter is given by the strategic importance that this unprecedented tool of meta-regulation assumes for the near future of politics and administration. Alongside the issues at the domestic level, the publication of two milestone documents for international better regulation (on the one hand the new Better Regulation Toolbox of the European Commission, and on the other, the updated edition of the OECD's Regulatory Policy Outlook) reminds us of the importance of not losing sight of the classic themes and tools for quality regulatory policies, beyond any emergency. Particularly, in light of the new challenges for the regulator, such as ICT and artificial intelligence, also at the centre of this issue. Concerning which there is relevant discussion but no agreement among governments on how best to manage it. Lastly, the issue discusses the intervention of the Italian Council of State on the new rules for the so-called Culture Bonus for 18-year-olds: the supreme administrative body used the opportunity to reaffirm its role as the institutional advisory board for the active dissemination of better regulation tools.
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Guido Calabresi, professor emeritus at the Yale University Law School and a federal judge on the Second Circuit Court of Appeals in the United States, published a new book, titled “Driverless cars - Artificial Intelligence and the Future of Mobility”, along with Enrico Al Mureden, professor of Civil Law at the University of Bologna and Product Safety, Product Liability and Automotive at the University of Modena and Reggio Emilia.
The book describes the scenarios and prospects stemming from the emergence of highly automated, connected driving. The key contribution of artificial intelligence will usher in an unprecedented mobility paradigm combining efficiency, safety, and environmental sustainability. Current and forthcoming problems, challenges, and at times tragic choices associated with the imminent “mobility revolution” are analysed in the light of the Law and Economics method.
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Following the 2021 Communication on “Better Regulation - Joining forces to make better laws” and the publication of the Guidelines on the principles that the European Commission follows when preparing new initiatives and proposals and when managing and evaluating existing legislation, the European Commission published the Better Regulation Toolbox.
The toolbox complements the guidelines and presents guidance, tips and best practice. Users are not expected to apply each tool, but tools linked to the requirement of the guidelines, the Commission's working methods or political commitments must be applied.
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The UK’s Department for Business, Energy & Industrial Strategy published an economic regulation policy paper on 31 January 2022.
The paper introduces as the UK independent economic regulatory model attracted a large amount of private sector investment bringing benefits in the utility sectors.
It is acknowledged that the government’s Principles for Economic Regulation (2001) (accountability, focus, predictability, coherence, adaptability, efficiency) had an essential role in the success. The latter by guiding the design and evolution of the economic regulatory framework.
Notwithstanding the above, it is stated as UK’s regulatory framework needs to be reinforced and updated.
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Spiagge in cerca di regole... ma a prova di futuro! | Prof. Nicoletta Rangone
On November 9, 2021, the Plenary Assembly of the Italian Council of State (twin rulings no. 17 and 18) expressed itself on the controversial interpretation of the legislative extension of state-owned maritime concessions for tourist-recreational purposes.
Nicoletta Rangone, Full professor of Administrative Law and holder of the JM Chair on Better Regulation, comments on the topic.
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The Department of Law, Economics, Politics and Modern Languages (GEPLI) of the LUMSA University of Rome organizes a series of seminars on the topic "Artificial Intelligence and Law".
The initiative is organized by Prof. Laura Palazzani and Prof. Iolanda Piccinini and all seminars will take place during the second semester, between February and April 2022.
The events are divided into two macro areas. The first, introduction and philosophical-legal reflections (10 hours) and the second, applications and legal-positive analysis (8 hours).
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The BioLaw Journal published its last issue of the year (4/2021).
It contains a permanent section: “artificial intelligence”, which deals, in an interdisciplinary and comparative perspective, with the two-way relations that AI generates in contact with the law (impact of law on AI and impact of AI on law).
Following the aim to combine theoretical analysis with practical examples (in order to effectively convey the characteristic features of the relationship between this technology and the legal phenomenon) this issue includes two reports presenting the results of a survey dedicated to how some Italian administrations are facing the challenges of AI are disseminated.
The reports published (edited by Edoardo Chiti, Barbara Marchetti, Nicoletta Rangone) are based on two study seminars dedicated to an empirical investigation on the use of artificial intelligence in public decision-making processes of rule-making, adjudication and enforcement. The first event, entitled “The use of artificial intelligence in the activities of the Bank of Italy”, was held on Wednesday, 28 April 2021. The second seminar focused on the experience of AGCOM, ARERA and CONSOB took place on 25 May 2021.
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On the sidelines of the last edition of the advanced professionalizing course on Better Regulation, Barbara Cosmani, Enzo Madonna and Monia Masetti, from the Legislative Affairs and Assembly Committee Coordination Service of the Legislative Assembly of the Emilia-Romagna Region, and Federica Paolozzi from the Legislative Affairs and State Aid Service, General Directorate for Resources, Europe, Innovation and Institutions of the Emilia-Romagna Region Council, begun their research.
In particular, starting from the experience gained by the Region during the process of approval and implementation of the regional law 15/2018 (the "Law on participation in the elaboration of public policies"), they conducted a study on "Impact analysis and evaluation of public policies in the Emilia-Romagna Region: Can participation promote the evaluation of laws?".
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The Lettura del Mulino, organised by the Società editrice il Mulino, has been entrusted for the XXXVI edition to Nello Cristianini, professor of Artificial Intelligence at the University of Bristol.
The annual reading deals with current topics with the contribution of authoritative voices.
This year's theme was "Intelligent machines. Understanding them so that we can live with them". Intellectuals such as Norbert Elias, Giovanni Sartori, Robert D. Putnam, Saskia Sassen, Martha C. Nussbaum, Angus Deaton partecipated in the discussion.
Keep reading »
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The submissions should concern news on better regulation tools, simplification policies, markets regulation, new technologies and regulation, cognitive-based regulation, and competition advocacy. The note might regard a newly published paper or a European, international, national or local document as well as policy devoted to these topics.
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Publications |
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As artificial intelligence (AI) integrates all sectors at a rapid pace, different AI systems bring different benefits and risks. In comparing virtual assistants, self-driving vehicles and video recommendations for children, it is easy to see that the benefits and risks of each are very different. Their specificities will require different approaches to policy making and governance. To help policy makers, regulators, legislators and others characterise AI systems deployed in specific contexts, the OECD has developed a user-friendly tool to evaluate AI systems from a policy perspective. It can be applied to the widest range of AI systems across the following dimensions: People & Planet; Economic Context; Data & Input; AI model; and Task & Output. Each of the framework's dimensions has a subset of properties and attributes to define and assess policy implications and to guide an innovative and trustworthy approach to AI as outlined in the OECD AI Principles.
 A growing body of literature discusses the impact of machine-learning algorithms on regulatory processes. This paper contributes to the predomi-nantly legal and technological literature by using a sociological-institutional perspective to identify nine organisational challenges for using algorithms in regulatory practice. Firstly, this paper identifies three forms of algorithms and regulation: regulation of algorithms, regulation through algorithms, and regulation of algorithms through algorithms. Secondly, we identify nine organisational challenges for regulation of and through algorithms based on literature analysis and empirical examples from Dutch regulatory agencies. Finally, we indicate what kind of institutional work regulatory agencies need to carry out to overcome the challenges and to develop an algorithmic regu-latory practice, which calls for future empirical research.
Better regulation is an agenda aiming at managing legislation across the different stages of the policy cycle. At the EU level, this agenda for reform has been handled as soft law with communications, reports, principles, and toolboxes. The ambiguity of the concept has created a policy arena where the EU institutions jockey for positions on the control of the lawmaking process. We then turn to the Member States. For their better regulation policies, they have chosen a combination of soft and hard instruments and different degrees of formalization. Tellingly, this variation shows the different views and assumptions on the efficiency of soft law as well as of the role played by legal and administrative traditions.
Osservatorio AIR (2022)
Annuario 2020 - L’analisi di impatto e gli altri strumenti per la qualità della regolazione
In its seventh edition, the Yearbook for 2020 aims at providing as complete a survey and analysis as possible of the quality of regulation in the national context, paying particular attention to the Independent Authorities (henceforth also IA), without losing sight of the international and supranational contexts in which Italy participates, international and supranational contexts in which Italy participates.
The Yearbook is addressed to different target groups: academics, scholars, economic operators and, more generally, people working in institutions and with institutions. The Yearbook is aimed at different target groups: academics, scholars, economic operators and, more generally, people who, working in and with institutions, need data, methodological indications and in-depth studies on the use and dissemination of regulatory quality tools.
The social principles for AI are comprised of seven principles: (1) Human-centric, (2) Education/Literacy, (3) Privacy Protection, (4) Ensuring Security, (5) Fair Competition, (6) Fairness, Accountability, and Transparency, and (7) Innovation. The Governance Guidelines for Implementation of AI Principles (hereinafter referred to as the “AI Governance Guidelines”) present action targets to be implemented by an AI company, with the aim of supporting the implementation of the AI principles that is required for the facilitation of deployment of AI. In addition, hypothetical examples of implementation corresponding to each of the action targets and practical examples for gap analysis between AI governance goals and current state (hereinafter referred to as “examples for gap analysis”) are also shown. However, the examples of implementation and examples for gap analysis are for reference purposes only and are not intended to be exhaustive.
A. Alemanno (2022)
The Role and Impact of the Right of Petition as an Instrument of Participatory Democracy in the European Union
etitioning represents the oldest, most accessible, permanent and general-purpose participatory mechanism for any individual who intends to enter into contact with the EU institutional apparatus. As such, the right to petition provides EU citizens and residents with a simple means of contacting the European institutions with complaints or requests for action in relation to “orphan” or “dormant” issues that fail to get the attention and action of other European Parliament committees or EU institutions, in particular concerning problems related to the application of EU law at the national and local level. The right to petition plays different and complementary functions, from administrative and political oversight over the EU Commission and the Member States to legislative agenda-setting, while offering a unique mechanism of representation for individuals and minorities – such as non-EU citizens, migrants and minors – who currently lack such representation. There are, however, still some major structural issues over effectively ensuring the exercise of the right to petition and the full realisation of its multiple democratic functions within the current EU participatory infrastructure. It does so at time the EU undergoes a major democratic exercise – the Conference on the Future of Europe – that, for the first time since 2007, may lead to institutional reform and put to test democratic innovations, such as citizens’ assemblies at the transnational level. Against this background, this study identifies and systematises the EU petition system’s major flaws – focusing on its design, accountability and actual practice – in order to provide a set of recommendations on how to strengthen the role and impact of the right of petition as the privileged instrument of EU participatory democracy.
Maria De Benedetto (2021)
Corruption from a Regulatory Perspective
This book seeks to enrich and, in some cases, reverse current ideas on corruption and its prevention. It is a long held belief that sanctions are the best guard against corrupt practise. This innovative work argues that in some cases sanctions paradoxically increase corruption and that controls provide opportunities for corrupt transactions. Instead it suggests that better regulation and responsive enforcement, not sanctions, offer the most effective response to corruption. Taking both a theoretical and applied approach, it examines the question from a global perspective, drawing on in particular a regulatory perspective, to provide a model for tackling corrupt practises.
Oxford Commission on AI & Good Governance (2021)
The study provides an analysis of the draft EU AI Regulation’s envisioned role for technical standards in the governance of AI. As well as exploring the EU AI draft Regulation’s fitness for purpose as a template for engagement in standards, the study will also provide critiques and recommendations for suggested improvements for the draft Regulation.
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The Jean Monnet Chair on EU Approach to Better Regulation aim is to contribute to solutions for the crisis of confidence in regulation at all levels of governance. Its research focuses on the key European tools of Better Regulation (impact assessment, regulatory burden measurement, ex-post evaluation, consultation), the in-practice application, the elaboration of how they can be reframed according to a cognitive-based approach.
The Chair goal is also to inform and raise awareness among citizens on their rights and opportunities when confronted with a regulatory process or a regulation. The Chair addresses all the above, with a theoretical/practical and multidisciplinary approach blending law, economics, and psychology, within its teachings. The latter are divided into three courses. The EU Approach to Better Regulation (40hrs) and Better Regulation Advanced (20hrs) Master courses for students that have traditionally received fragmented training in European Regulation and that - without this opportunity - would probably never come into contact with studies on European Regulation. The Intensive Professional Course (30 hours) for practitioners and future professionals which meets unanswered demands for training in the use of all Better Regulation tools.
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