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Research Projects

ANDREA BERTOLINI


INCLUSIVE ROBOTICS FOR A BETTER SOCIETY (INBOTS)

“Inbots” is a Horizon2020 Coordination and Support Action, which aims at proposing an European regulatory framework applicable to Robotics. Andrea Bertolini coordinates Work Package 5, which has the objective of identifying and analyzing the needs and gaps of existing regulatory framework within Europe applicable to Robots and promoting the legal reform necessary for favoring the proliferation of a strong European Robotic Industry. The matters addressed range from liability and insurance, to standardization and certification, product safety, and intellectual property.

Learn more at http://inbots.eu/

REGULATING ETHICAL AND LEGAL IMPLICATIONS OF ADVANCED BIONIC LIMBS AND EXOSCKELETONS (RELIABLE)

“Reliable” is a Scientific Independence of young Researchers (SIR) project, financed by the Italian Ministry of University and Education, coordinated by Andrea Bertolini. It focuses on legal and ethical issues arising from the development and diffusion of bionic limbs and exoskeletons and other forms of biorobotic applications. The projects analyses the relationship between human beings and technology in the bioethical and technoethical debate, as well as the alternative liability models applicable to such applications in order to balance fundamental rights, product safety, victim compensation, while providing adequate incentives to innovation.

EUROPE REGULATES ROBOTICS

“Europe Regulates Robotics” is a Jean Monnet Module which funds teaching activities in the field of law and robotics, through a variety of academic activities: PhD and Masters level course taught at SSSA, the organization of the International Summer School “The Regulation of Robotics in Europe: Legal, Ethical and Economic Implications” (which has now come to its third edition) as well as international conferences and seminars in the field of technology regulation and with a particular focus on European policymaking and with a multidisciplinary approaches that involves engineers, economists, management experts, philosophers, ethicists, as well as lawyers with the most diverse backgrounds.

Learn more at: www.europeregulatesrobotics-summerschool.santannapisa.it

 

PAOLO CARROZZA


SIGS

The project, developed in collaboration Toscana Energia Green, deals with issues of authorization and concession related to the use of project financing in the design and provision of energy services for public administrations.

 

GIOVANNI COMANDE’


RIGHTS INFORMATION GOVERNANCE HEALTH TECHNOLOGY SCIENCES (R.I.G.H.T.S.) IN THE CLASSIFYING SOCIETY

The RIGHTS project aims at framing the main legal and ethical issues raised by the expounding use of algorithms and classifications in the information society, its digital economy, heightened public and private surveillance.

HEALTH LAW (HL)

The project studies the complex relationships between law and health, with different stakeholders involved and fundamental values at stake. The project focuses on this area in broad and innovative terms, i.e. not only considering the traditional view of health law as the body of rules and regulations related to providers, payers, vendors of the health care industry and its patients, but also encompassing relevant aspects of bioethics, international law, administrative law, constitutional law, law & economics.

LAW, SCIENCE, TECHNOLOGY (LST)

The burgeoning developments we are experiencing within many fields of science and their technological fallout, from biomedical research to telecommunication, is presenting growing challenges LST tackles from a legal viewpoint, ranging from industrial development perspectives to the protection and enhancement of fundamental rights within market interactions characterized by high asymmetries of information.

 

ALBERTO DI MARTINO


MISSION IMPOSSIBLE? MIGRATION CONTROL AND CRIMINAL LAW – COMPARATIVE, INTERNATIONAL AND HISTORICAL PERSPECTIVES

The project addresses the legal regulation of migration from an interdisciplinary perspective, with special focus on criminal law measures. Specifically and applying a comparative approach throughout, the project will inquire into three separate but interrelated subthemes: (1) the historical roots of mass migration control through borders management involving the use of force, as well as the historical evolution of contemporary criminal law-based migration control, (2) doctrinal questions and issues of effectiveness of migration control through criminal law, and (3) international criminal law related aspects of migration. The intertwinement between theoretical, historical, and international criminal law related perspectives is still significantly under-researched. The legal issues involved are particularly challenging – not the least given that domestic (criminal) law is shaped and influenced through both, international and European, in particular human rights law on the one hand and (domestic and international) administrative law on the other. This multipolar and level scenario challenges the traditional theoretical and doctrinal approaches to criminal law. The planned project aims to contribute to fill these gaps. The planned research is furthermore susceptible of short-term and mid-term practical results. As a short-term result, comparative research on the German and Italian legal orders will prove necessary in order to assess the normative coherence of a complex setting directly involving these two countries (and many others in Europe). As a mid-term result, the scientifically sound assessment of a policy area often left to administrative and police practices, may underpin specific suggestions of a wider change in the political agenda of both countries, as regards the issue of controlling migration through criminal law and – more broadly – through coercive measures affecting personal liberty

 

MARIA GAGLIARDI


PRIVATE LAW AND FAMILY RELATIONSHIPS

The project focuses on the most recent debates concerning family relationships and child protection in a national, European and comparative perspective. It also addresses issues such as: family models and families in transition; best interest of the child and protection of persons in family breakdown or conflicts; family law and welfare; sexual orientation and gender identity.

TORT LAW AND INSURANCE IN THE FRAMEWORK OF A RISK MANAGEMENT INSTITUTIONAL SYSTEM

The research analyzes tort and insurance law in a wide perspective, focusing on their goals and their main interactions with other areas and issues (insurance, risk management and regulation, precautionary principle, etc.). The objective of the research is to better understand how insurance markets and products react to social changes and tort law evolution as well, and to study possible new risks insurability and institutional answers. More specifically, it focuses on issues such medical malpractice and risk management; liability insurance; damages; insurance and disability; information in insurance contract law.

SCIENCE AND THE LAW. LAWERS AND THE NOTION OF “SCIENTIFIC CERTAINTY”

The main goal of the project is to study what kind (or kinds) of notion for science and scientific assumptions stem from rules and judicial decisions. All topics of law and of science are relevant in ongoing research in order to obtain a wide framework to be used by lawyers and students for better understanding the consequences of the scientific culture in the practice of law.

 

GIUSEPPE MARTINICO


EUROPEAN PUBLIC LAW-IUS (EUR.PUBL.IUS)

While the Union is still facing the political consequences of the financial crisis, other important challenges for the European integration have attracted the attention of some commentators over the last months. Circumstances like the so called Brexit, the problematic accession of the EU to the ECHR (after Opinion 2/13 of the Court of Justice of the EU), the difficulties connected to Art. 7 TEU and the debate about the possibility to set up a sort of Copenhagen Commission require a thoughtful reflection. The project deals with these issues, trying to provide a critical and updated view on the most recent developments in the field of European Public Law.

Learn more at: https://www.santannapisa.it/it/ricerca/progetti/jean-monnet-module-european-public-law-ius-eurpublius

CHANNELLING HOMOGENEITY AND PRESERVING DIVERSITY IN FEDERAL MULTINATIONAL CONTEXTS

The project aims to assess the integrative function played by law in federal multinational contexts. In particular, it aims to study the dynamics of inclusion, exclusion, asymmetry, secession so much à la page in current times, but from an original inclusive and holistic perspective. Our research question is: “how do constitutional norms channel homogeneity in federal multinational contexts?”. In order to answer this question, we shall explore how norms can “hold together” federal systems characterized by cultural, legal and economic diversity in light of some factors, namely the criteria adopted to extend membership, the prerequisites of (and limits to) forms of differentiated treatment (asymmetry), the procedural safeguards in case of constitutionalized procedures for secession/withdrawal and, finally, the possible procedures of deprivation (partial or total) of membership rights, even de iure condendo in systems which do not provide for procedures for expulsion.

CONSTITUTIONS AS RISK MANAGEMENT DEVICES: DEMOCRACY, SECESSION AND REFERENDA

New lifeblood to the debate on the noble and yet complex instrument of the referendum has been given by the recent British events connected to the vote held on the 23rd of June on the so called Brexit and the always burning Catalan scenario, among other things.

This project shall explore some comparative reflections concerning the risks connected to the "inappropriate" use of referendum relying on the insights offered by comparative law instruments.

 

GAETANA MORGANTE


BUSINESS INTEGRITY COUNTRY AGENDA (BICA)

In collaboration with Transparency International Italia, the research project aims at monitoring the performances of anti-corruption system and the promotion of legality in enterprise environment within the Business Integrity Forum.

DIGITALISATION OF FINANCIAL INTERMEDIATION

In collaboration with Consob, the project’s objective is to draft a Green Paper on the matter of the digitalization of financial intermediation processes. The project also benefits from the partnership of ESMA (European Securities and Market Authority) and IOSCO (International Organization of Securities Commissions).

 

ERICA PALMERINI


FINTECH AND THE DIGITALISATION OF FINANCIAL SERVICES.

The project, lead in collaboration with Consob and other Universities, deals with the legal recognition and assessment of new forms of financial services provisions, such as equity c crowdfunding, peer to peer lending and automated financial advising (roboadvice).

AUTONOMOUS DRIVING

The project deals with an interdisciplinary analysis (technical, legal and ethical) of the effects of advanced automation on the transport sector. Other sectors, such as healthcare, banking and finance, may be included in the research in the future.

 

GIANLUIGI PALOMBELLA


INTERLEGALITY

The project is premised on the assumption that the current doctrinal view over law as a system related concept fails to describe the overwhelming interweaving among different legalities sourced by state, regional or global orders. It envisages interlegality as a state of fact calling upon interpreters and judges to work on a new fabric of legal problems. In order to contribute to the interlegality project a number of leading international scholars, from private law to constitutional and international law are committed to gather also in the view of a book collection to appear in 2018.

ROBOTS, SOCIAL TRUST AND REGULATION

The project inquiries upon over-regulation and under-regulation in cases concerning corruption and Artificial intelligence. It envisages a variable degree of social trust underpinning different legal attitudes, and shall partake in the current debate upon agency and liability, in civil or criminal matters, attempting at an assessment of the legal policies better fitting artificial intelligence and its increasing roles in human activities.

THE RULE OF LAW

Research enquiries upon the theoretical and historical meaning and significance of the concept, its diverse incarnations, its change in time and institutional variation. The rule of law is assessed as a central notion to regional, universal and national charters, and in relation to domestic and international contexts.

Consideration is made of a number of border-line domains, especially in European Member States, but also elsewhere, displaying an alleged crisis of such  a canon of legal civilization and the features of its socio-political circumstances.

 

EMANUELE ROSSI


COMMON GOODS

The research project intends to investigate the innovative ways that, on the regional territory, have established themselves for the management, care or regeneration of public goods or private goods of public use within a collaboration between local authorities and reality of the Third sector (globally considered), entrepreneurial realities, without neglecting the attention that some municipal authorities have reserved for "Informal groups". The purpose of the project is to deepen the theoretical aspects of the c.d. the right of the shared administration for the management of the common assets, which represents the area of intersection between the classical administrative law, the law of the Third sector bodies, civil law and constitutional law and the census of "best practices" spread throughout the territory.

TESSERE: THIRD SECOTR, SUBSIDIARITY AND REGULATION

“Tessere” is the aggregation of research initiatives on the legal regulation of the Third sector and the implementation, in practice, of the principle of horizontal subsidiarity as defined by the Italian Constitution and the sources of European Union law. The ongoing projects aim to create publications, of national and international relevance, regarding the main legal issues concerning the Third sector, social entrepreneurship and the management of common goods. From a methodological point of view, the research area cultivates the ambition to contribute to the development of the scientific debate around a Third sector law, recomposing the current disciplinary fragmentation. The area has been collaborating for some time with other national research networks, and has produced some research products that have established themselves in the national scientific and institutional debate.

 

EMANUELE ROSSI – ELENA VIVALDI


LAW N. 112/2016: THE OPEN QUESTIONS AND THE CHALLENGES TO ITS IMPLEMENTATION

The project aims to propose a reflection on the legal and social repercussions - also in terms of territorial application procedures - of the law on c.d. "After us", two years after its approval. Specific attention will be reserved for the preparation of specific modification proposals.

 

ELENA VIVALDI


WE TOO

The project objective is to experiment work-placement processes for people with physical and mental disabilities. The role of the Sant'Anna School Unit is to support and monitor - also through comparison with national and international experiences - the use of the ICF (International Classification of Functioning, Disability and Health) for the assessment of individuals and companies involved in the project.