Angela Ferrari Zumbini | Università degli Studi di Napoli "Federico II" (original) (raw)

Papers by Angela Ferrari Zumbini

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2023

RIVISTA TRIMESTRALE DI DIRITTO PUBBLICO, 2014

Rivista giuridica del Mezzogiorno, 2013

Oxford University Press eBooks, Feb 28, 2023

Oxford University PressOxford eBooks, Feb 28, 2023

Italian Journal of Public Law IJPL, 2021

The article offers a critical analysis of the German Constitutional Court's decision of 15 April ... more The article offers a critical analysis of the German Constitutional Court's decision of 15 April 2021 on the law ratifying the Own Resources of the European Union Decision. Two central problems are highlighted. The first has institutional implications: the case at issue not only highlights a potential conflict between the European institutions and a national court but also an ongoing conflict between two constitutional bodies of the German State, in which one-the BVG-appears to challenge (or at least check the actions of) the other, namely the Bundestag, for exercising its authority in breach of the fundamental Constitutional norms protecting citizens' rights and national identity. The second regards the two opposing visions of Europe that have always been in dialectical contrast on this point, specifically, an ever-closer union between the peoples of Europe on the one hand and an expanding but less cohesive one on the other. Lastly, the article suggests some lessons from the past, recalling how the League of Nations rescued Austria in the aftermath of World War I.

Verfassungsentwicklungen im Vergleich: Italien 1947 – Deutschland 1949 – Spanien 1978, 2021, ISBN 9783428159291, págs. 245-251, 2021

This chapter argues that, if France has been the home of administrative courts, Austria has great... more This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Fin...

The decision of the Bundesverfassungsgericht of May 5th 2020 on ECB has already been criticized f... more The decision of the Bundesverfassungsgericht of May 5th 2020 on ECB has already been criticized from different point of views. The majority of the critics are focused on the institutional consequences of the judgment. This article aims at highlighting some intrinsic contradictions of the decision that make it unsustainable. The inconsistencies regard various profiles: the addressee of the decision, the definition of the CJEU ruling as an ultra-vires judgment, the nature of the functions of ECB, the denied repercussions on the Purchase Program related to the Coronavirus crisis. Finally, the article tries to draw some hypotheses about what the reactions and the consequences of this decision might be.

Rivista Giuridica Del Mezzogiorno, 2013

Italian Journal of Public Law, 2019

This paper provides a case-study analysis that allows the highlighting of any inconsistencies or ... more This paper provides a case-study analysis that allows the highlighting of any inconsistencies or unequal treatment in adjudication procedures in tax matters, a sector particularly interesting and fruitful for an investigation concerning the tricky balance between the requirements of taxation and the protection of the freedoms and rights of the individual. First of all, tax is not a subject of harmonisation, so the procedural autonomy of the states is even more marked insofar as it is grafted on to a standardisation that varies greatly between the various states. Moreover, in this case European law interfaces with a traditional sort of administration rather than with a national regulatory authority. The methodology used is inductive, starting from an empirical analysis which considers both normative data, and a number of important and recent judgments of the Court of Justice, selected using the criterion of the invoked applicability of the right to be heard in disputes in tax matters. Both national proceedings in implementation of EU law, and composite proceedings in which tax administrations from various Member States intervene are included, in order to highlight any discrepancies related to the type of proceedings adopted

Diritto Pubblico Comparato ed Europeo online, 2020

The decision of the Bundesverfassungsgericht of May 5th 2020 on ECB: A contradictory judgment-The... more The decision of the Bundesverfassungsgericht of May 5th 2020 on ECB: A contradictory judgment-The decision of the Bundesverfassungsgericht of May 5th 2020 on ECB has already been criticized from different point of views. The majority of the critics are focused on the institutional consequences of the judgment. This article aims at highlighting some intrinsic contradictions of the decision that make it unsustainable. The inconsistencies regard various profiles: the addressee of the decision, the definition of the CJEU ruling as an ultra-vires judgment, the nature of the functions of ECB, the denied repercussions on the Purchase Program related to the Coronavirus crisis. Finally, the article tries to draw some hypotheses about what the reactions and the consequences of this decision might be. Non è la prima volta che la corte costituzionale tedesca emette una sentenza controversa e di grande impatto in materia di integrazione europea (evidenziando i suoi limiti, o controlimiti) 1. La decisione del 5 maggio, a pochi giorni dalla sua pubblicazione, è stata già stata sottoposta a numerose critiche, soprattutto in relazione alle conseguenze di tipo istituzionale ed economico. In questa nota vorrei mettere in luce alcune sue intrinseche contraddizioni. 2. La sentenza del 5 maggio 2020 La decisione del Secondo Senato della Corte costituzionale tedesca ha ad oggetto il programma di acquisto di titoli pubblici (Public Sector Purchase Program-1 Sulle numerose sentenze del Bundesverfassungsgericht in materia di identità costituzionale, Ewigkeitsklausel e principio democratico, nel loro rapporto con il diritto dell'Unione, c'è amplissima bibliografia. Per una recente ricostruzione del rapporto tra Grundgesetz e diritto UE, nell'ottica di una perdita di centralità del GG come parametro di riferimento, ci si limita a rinviare a F. Wollenschläger, Constitutionalisation and deconstitutionalisation of administrative law in view of Europeanisation and emancipation, in Review of European Administrative Law, n. 1/2017, 7 ss. R. Wahl, nel suo saggio Die zweite Phase des Öffentlichen Rechts in Deutschland: Die Europäisierung des Öffentlichen Rechts, in Der Staat, n. 4/1999, 495 ss. ha definito l'europeizzazione del diritto pubblico proprio come una "Seconda Fase" del diritto pubblico tedesco. La "marginalizzazione" della costituzione è stata da più parti evidenziata, si veda per es. G.F. Schuppert e C. Bumke, Die Konstitutionalisierung der Rechtsordnung, Nomos, 2000, e M. Jestaedt, Verfassungsgerichtsbarkeit und Konstitutionalisierung des Verwaltungsrechts. Eine deutsche Perspektive, in O. Jouanjan e J. Masing (a cura di), Verfassungsgerichtsbarkeit, Mohr Siebeck, 2011.

Italian Journal of Public Law, 2018

The purpose of this paper is to identify the standards of judicial control over administrative ac... more The purpose of this paper is to identify the standards of judicial control over administrative activity developed by the Austrian Administrative Court between the late XIX and early XX centuries. This analysis will highlight the considerable development of administrative law as early as the end of the nineteenth century. Indeed, even at that time the Austrian Administrative Court had elaborated a series of principles for administrative action on the basis of which to carry out judicial review. For this purpose, the paper will analyze various emblematic cases decided by the Verwaltungsgerichtshof.

Italian Journal of Public Law, 2014

With Operation " All in " , Italy tried to pursue capital wherever it was and subject it to taxat... more With Operation " All in " , Italy tried to pursue capital wherever it was and subject it to taxation, overstepping both national and EU limits imposed on its power of taxation. In fact, the decision to include a new category of income in personal income tax was adopted administratively and not legislatively, violating the fundamental principle of legality and the specific reserve of law that the Constitution establishes concerning assets. Moreover, the Tax Agency pretends to subject to income tax only sums won in casinos abroad, while sums won in Italian casinos benefit from a tax exemption. This difference in treatment results in a discriminatory restriction on the free provision of services protected by the TFEU. The incompatibility of such discrimination with EU law is affirmed by the ECJ, which considers the act of the Italian State to be illegitimate.