THE OMBUDSMAN AND THE PROTECTION OF HUMAN RIGHTS IN EUROPE： CASE STUDY OF ITALIAN ＂CIVIC DEFENDER＂

The paper is centered on the Ombudsman＇s role in the defense of individual human rights. The institution of the Ombudsman is based on the idea that citizens should be entitled to complain against specific acts and behaviors of their rulers and that their complaints should be investigated by an independent body. In Europe, the establishment of a specific office to investigate citizen complaints against public bureaucracy is relatively recent,     

WHY A COMMITMENT TO A RIGHT TO LIBERTY AND PROPERTY DOES NOT PRECLUDE REDISTRIBUTION THROUGH TAXATION AND WELFARE PROGRAMS： SCRUTINIZING NOZICK＇ S ENTITLEMENT THEORY OF JUSTICE

This paper critically examines Robert Nozick＇s theory of right and property with its corollary critique of redistributive taxation and welfare programs, as presented in his seminal book, Anarchy, State, and Utopia （hereinafter ASU）. In opposition to Nozick, this paper argues that a commitment to a right to liberty and property does not preclude, in and of itself, the acceptance of redistribution through taxation and welfare programs. Indeed, the thesis attempts to show that Nozick＇s ASU version of libertarianism itself requires, and is grounded in, a commitment to the value of welfare programs funded through redistributive taxation. More specifically, the paper contends that in accepting the Lockean proviso, with its concomitant egalitarian premises into his theory, and in making the plausibility of his argument rest on the proviso, Nozick has already infected his own libertarian views with just the same sort of redistributivism and welfarism he vehemently impugns. Consequently, the paper concludes that Nozick＇s contention against redistribution via taxation and welfare programs is ultimately self-refuting, if not hypocritical. The bulk of the paper will be devoted to showing why welfare liberals should not be intimidated or dismayed by Nozick＇s theory of property right. Rather, welfare liberals should regard Nozick as a theoretical ally, since Nozick＇s libertarian entitlement theory comes perilously close to transmogrifying into the ＂welfare state ＂.     

A FAREWELL TO BARRIERS： TOWARDS A FLEXIBLE SYSTEM OF EXCEPTIONS IN CONTINENTAL COPYRIGHT LAW

The paper would analyze the law and economics of introducing flexibility in the system of exceptions and limitations on European Copyright Law. Such flexibility would exist in an open norm on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. First, it would assess problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and commercialization. Second, it would analyze the economic rationale and economic effects of introducing flexibility. Exceptions and limitations in the current copyright system are meant to balance the protection granted to rights owners with the public interest＇s need to make certain unauthorized uses. However, this paper would identify a number of situations that do not fit well within the current set of exceptions and limitations and attribute this to a lack of flexibility. Several of these problem areas have given rise to court proceedings with varying outcomes. The interpretation given by courts to existing exceptions and limitations---such as the quotation right, the exception for transient and incidental copying, the private copying exception, and the incidental use exception--is usually too narrow to respond to new technological developments, new developments in the creation process, or new commercialization models. These types of uses generally do not fit the narrowly defined exceptions and limitations and therefore lack legal basis. The same is true for things not yet invented.     

TOWARDS A NEW CONCESSIONS REGIME IN THE EU： ABOUT THE MERITS AND SHORTCOMINGS OF THE CONCESSIONS＇ DIRECTIVE

The European Commission published a proposal at the end of2011 for a self-standing directive on the awarding of concessions in the context of the revision of the public procurement framework. With the aim of harmonizing rules and developing minimum standards based on the EU primary law and ECJ case law, the purpose of the proposed directive was, according to the Commission, to ensure more transparency and legal certainty in all Member States in awarding concessions and enhance the development of PPPs （Public-Private Partnerships） 1 However, negotiations on the proposal for a concessions directive proved to be difficult. The text2 finally adopted on February 26, 2014 stems from three compromises： 1. Within the European Commission, between a fully fledged approach and a so-called ＂light approach ＂; 2. within the Council between Member States in favor of a detailed directive for the sake of easy transposition, and Member States reluctant to the very directive, whose added value was challenged either by fear of amending their own existing national legislation on concessions or, conversely, by fear of putting at risk existing contracts awarded without open tender; 3. within the European Parliament, as the rather technical issue of public procurement became a politically driven debate on both the principle of subsidiarity and the legitimacy of private operators to manage services of general interest. As a result of a complex deal brokered by the Commission, the Council and the European Parliament, the main merit of the directive is its existence. In the light of the numerous exclusions to its scope, it remains to be seen whether some of its promising provisions regarding the definition, the award and the life of concessions will facilitate on the ground the development of transparent, performing concessions projects. At the end of the day, options to be embraced by the Member States for the transposition of the concessions directive will be a key element in the success and use of the new legal concessions reg