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Roma Tre Law Review numero uno / duemiladiciannove ROMA TRE LAW REVIEW DIPARTIMENTO DI GIURISPRUDENZA numero uno / duemiladiciannove ROMA TRE LAW REVIEW DIPARTIMENTO DI GIURISPRUDENZA ADVISORY BOARD Paolo Benvenuti, Concetta Brescia Morra, Antonio Carratta, Emanuele Conte Elena Granaglia, Andrea Guaccero, Luca Lupária, Giulio Napolitano, Giuseppe Palmisano Giorgio Pino, Giorgio Resta, Giovanni Serges, Vincenzo Zeno-Zencovich, Andrea Zoppini EDITORS IN CHIEF Giulio Napolitano, Giorgio Resta BOARD OF EDITORS Giulio Bartolini, Margherita Colangelo, Angelo Danilo De Santis, Elisabetta Frontoni Marco Gambacciani, Sara Menzinger, Francesco Mezzanotte, Enrica Rigo Giacomo Rojas-Elgueta, Mirko Sossai, Rebecca Spitzmiller, Noah Vardi ASSISTANT EDITORS Administrative Law Bruno Paolo Amicarelli, Benedetta Barmann, Maria Stella Bonomi Gianluca Buttarelli, Benedetto Brancoli Busdraghi, Flaminia Ielo Giorgio Mocavini, Andrea Renzi, Elisabetta Tatì, Giulia Valenti Civil Procedure Law Ginevra Ammassari, Elisa Bertillo, Simone Calvigioni, Maddalena Ciccone, Fabio Cossignani, Valeria Giugliano, Adriana Neri, Giacinto Parisi, Leo Piccininni, Gabriele Quaranta, Giulia Ricci Commercial and Economic Law Marco Coluzzi, Tommaso Di Marcello, Giovanni Patti Comparative Law Valerio Brizzolari, Chiara Cersosimo, Cecilia Paglietti, Cecilia Sertoli Federico Ruggeri, Edoardo Ruzzi, Sirio Zolea Constitutional Law Marta Caredda, Maria Elena De Tura, Ilaria Del Vecchio Lorenzo Madau, Giuliano Serges, Alessio Vaccari Criminal Law Antonella Massaro, Marcello Sestieri Criminal Procedure Law Martina Cagossi, Federica Centorame, Giulia Fiorelli, Marco Pittiruti 4 European and International Law Tommaso Natoli, Alice Riccardi, Viviana Sachetti Legal History Marta Cerrito Philosophy of Law Francesca Asta, Carlo Caprioglio Private Law Francesco Morlando, Mario Renna JUNIOR ASSISTANT EDITORS Kathaleen Anderson, Joseph Gitata, Ersilia Nardone, Francesca Saccavino Costanza Trappolini, Lavinia Zanghi Buffi EDITORIAL STAFF Livia Baldinelli, Maria Stella Bonomi, Francesco Martire, Mario Renna Andrea Renzi, Federico Ruggeri, Viviana Sachetti 5 EDITORIAL Giulio Napolitano - Giorgio Resta ARTICLES Elena Granaglia Between Basic Income and Minimum Income. A Modest Proposal Luca Lupária - Mitja Gialuz Italian Criminal Procedure: Thirty Years After The Great Reform Sara Menzinger Dante and the Law: The Influence of Legal Categories on 14th Century Political Thought Giulio Napolitano Administrative Law Systems Around the World: (Increasingly) Similar but (still) Different Giorgio Resta The Comparative Law of Dignity: An Introduction INAUGURAL LECTURE A.Y. 2017-2018 Alejandro Saiz Arnaiz El papel de los juristas en el proceso de integración europea NOTES ON ITALIAN LAW Benedetto Brancoli Busdraghi Cats and Dogs in Italian Banks: Who Controls the Board of Directors? Maria Stella Bonomi Counter-Terrorism Legislation in Italy: The Key Role of Administrative Measures Marta Caredda The Violations of the Charter of Fundamental Rights as Questions of Constitutionality: New Perspectives from the Italian Constitutional Court 6 Marco Coluzzi The Nature of the “Corporate Relation” between Italian Joint Stock Companies and Their Directors Giorgio Mocavini The Trans-Adriatic Pipeline and the Nimby Syndrome Giulia Valenti Green Light for the Appointment of EU Citizens as Directors of Italian State-Owned Museums. An Important Ruling of the Italian Council of State LEGAL WORLDWATCH Gianluca Buttarelli The EU General Court Quashes an ECB Decision: towards a New Chapter on Prudential Supervision and Judicial Review Chiara Cersosimo Pacta sunt servanda si, pero bona fidei: una reflexión comparada sobre la disciplina de los contratos de larga duración en las recientes tentativas de recodificación del derecho civil Giulio Napolitano The US Supreme Court Judgment on the Travel Ban. The Powers and the Words of the US President Edoardo Ruzzi More Than Just a Cake: Masterpiece Cakeshop and the Future of Civil Rights Viviana Sachetti The Destruction of Cultural Properties as a War Crime: Some Critical Remarks on the ICC’s Al Mahdi Case Elisabetta Tatì Who shall administer the national capital territory of Delhi? The Indian Supreme Court affirms a principle of collaboration between the federal and the “local” government for the city management ROMA TRE TALKS: INTERNATIONAL CONFERENCES AND SEMINARS AT ROMA TRE 7 Interview with Professor Jean-Bernard Auby (by Maria Stella Bonomi) ITALIAN CLASSICS Francesca Asta - Carlo Caprioglio Santi Romano (1917-1918), L’ordinamento giuridico, eng. trans., The Legal Order, Edited And Translated by Mariano Croce, Abingdon-New York, 2017 Francesca Asta - Carlo Caprioglio Interview with Mariano Croce Editor and Translator of Santi Romano’s The Legal Order BOOKS REVIEWS Concetta Brescia Morra ECB Legal Conference 2017. Shaping a New Legal Order for Europe: A Tale of Crises and Opportunities, European Central Bank, Frankfurt am Main, 2017 Margherita Colangelo M. R. Patterson, Antitrust Law in The New Economy. Google, Yelp, Libor, And The Control Of Information, Cambridge, Ma, 2017 Emanuele Conte - Laurent Mayali A Cultural History Of Law, ed. Gary Watt, volume 1-6, London-Oxford, 2018, forthcoming. Volume 2, Middle Ages, ed. Emanuele Conte and Laurent Mayali Francesco Mezzanotte J. Haskel – S. Westlake, Capitalism without Capital. The Rise of the Intangible Economy, Princeton-Oxford, 2018 LIST OF THE MOST IMPORTANT INTERNATIONAL CONFERENCES AND SEMINARS AT ROMA TRE (A.Y. 2017-2018) 8 GIULIO NAPOLITANO - GIORGIO RESTA EDITORIAL We are pleased to introduce to the reader the first issue of the Roma Tre Law Review, a law review sponsored by the Department of Law of the University of Roma Tre. Roma Tre is a pretty recent university established in 1992, which has soon gained importance in the Italian higher education system. In 2018, the University of Roma Tre has been one of the best 150 young universities in the world, according to the Times Higher Education’s ranking. The Department of Law is one of its most distinguished ones. In 2018 it has been ranked by the Italian Ministry of Education and University among the 15 national departments of “excellence”. These results are due to a dynamic, fresh and open environ- ment, which is also particularly useful to promote innovation and interdisciplinarity. Since the beginning, the Department of Law has developed strong interna- tional connections, thanks to individual initiatives by members of the Faculty, special programs for visiting professors, European and global research networks, active in- volvement in the Erasmus programs, which give to Italian scholars and students the opportunity to spend a period in other European universities and to European scholars and students the chance to study at the University of Roma Tre. The international projection of the Department of Law is strengthened by the “Studying law at Roma Tre” program, which offers 18 courses entirely taught in English for both Italian and international students, and covering subjects and topics that are not usually dealt with by traditional courses. The title, and the overall project of the “Roma Tre Law Review”, deserves a concise explanation. Differently from the American attitude, it is quite uncommon for an Italian law review to identify itself with a specific institution. Generally, jour- nals and reviews have a thematic imprinting, being originally associated with one or more specific topics, a discipline, or a methodology. In the most egregious cases, they 10 represent the vehicle of a peculiar cultural project; in other instances, they have mainly an informative character, addressing the academia, the legal professions or both. Inva- riably, however, they stem out of the efforts of a web of scholars or practitioners, who tend to be bound only by common intellectual interests. Also, in the majority of cases law reviews are published by commercial publishers, which are usually established in the form of for-profit corporations (an element which may explain why – according to the theory of the anti-commons – no comprehensive legal databases, such as Westlaw or Hein-Online, have yet been developed in Italy). The Roma Tre Law Review aims to break with this tradition, on two main grounds: (i) it is conceived as the spin-off of an institution and not of a group of scholars or practitioners. As a result, it is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally (and from an interdisciplinary perspective) the national and trans-national legal landscape. We do not hold this to be a merely formal or ephemeral difference, nor do we intend to artificially imitate an organizational mo- del embedded in a completely different context, such as the North American one. We are convinced, on the contrary, that by relocating the production of legal knowledge in the University, a set of particularly important cultural objectives may be pursued. First, this may help out reviving the sense of belonging to one and the same epistemic community, which is based in a particular place, shares a peculiar pedagogical project, interacts with the same stakeholders, and pursues converging lines of research. Unfor- tunately, the Italian recruitment system, the ministerial funding schemes, as well as a consolidated intellectual legacy have all mitigated such an attitude, strengthening the ties within but not beyond the several disciplinary sectors. We hope that the diffusion of university-based law reviews, such as the Roma Tre Law Review, might contribute to reverse such
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