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Claudia Golino

Full Professor

Department of Sociology and Business Law

Academic discipline: GIUR-05/A Constitutional and Public Law

Research

Keywords: Public Finance Market Regulation Public Administration Cohesion Policy Social Rights Economic and Social Development Territorial Disparities Democratic Transition Governance and gender disparities

Research Activities and Scientific Path

Non-Profit Organizations, Business Activities, and Competition Regulation

A relevant topic concerns the analysis of the activities of non-profit organizations. From both a legal and economic perspective, the non-profit sector, which comprises a wide and varied range of organizations differing in size, organizational structure, and institutional purposes, displays unique characteristics. Specifically, what organizational and procedural principles must non-profit entities adopt, given their tasks, financial means, and type, to operate with business logic and entrepreneurial forms in sectors where the objectives of business efficiency are not measurable according to the standards of for-profit entities? The main objectives of an analysis on this subject relate to the study of organizational principles that can be applied to non-profit entities, drawn from the for-profit world and public administrations, especially in light of corporate law rules, particularly those concerning cooperatives, issues regarding the principle of economic efficiency in public enterprises, and the so-called "social costs," as well as the privatization of public administration, and—on another level—the issues related to devolution.

Professional Associations and Regulatory Rules of the Market

Professional orders and associations attract interest due to the public law regulation of professions. Indeed, the organizational evolution of professional activities in modern European continental systems has thoroughly demonstrated that this sector shows distinct structural traits, which can be traced to administrative doctrine on organizational subjectivity. The most significant aspect of this phenomenon is the massive state intervention in regulating multiple professions and, more specifically, the associative entities that organize various professional categories in different ways. In this context, fundamental questions arise about the current role of professional orders and associations and whether certain characteristics are still relevant in relation to the market and its foreseeable evolution, with constant attention to other legal systems in continental Europe and Anglo-Saxon countries.

Public Services and Regulatory Complexity

In this vast field, covering numerous sector types, the water services sector is particularly interesting. The topic is developed in relation to its economic characteristics and the reasons behind extensive public intervention, analyzing in particular the specificities and potential issues of a public-oriented organization of the sector, characterized by intense complexity, inadequacy, and fragmentation. What we observe is a return to an independent market regulation perspective. Research on public utilities has also shifted focus to other sectors, such as transport. Indeed, the transport sector has experienced the difficult launch of a new Authority, prompting attention to the challenges of a sector composed of numerous heterogeneous areas, while also highlighting its potential. The study of independent regulation of public utilities in this context fits into the broader topic of defining a more rigorous industrial policy at both the European and national levels.

European Public Finance in the Context of Systemic Crises and Implications for National Legal Systems

A highly current issue involves the analysis of the main effects on the national legal system of introducing the balanced budget principle in the republican Constitution, within the broader framework of European budgetary regulation developments. These developments began with the first steps in building the Economic and Monetary Union and the associated constraints, leading to the construction of a system of rules for a new European economic governance framework. This evolution, largely driven by the economic and financial crisis, led to the formalization of the balanced budget principle in the Constitutions of member states. The research investigates the critical issues that have emerged since its initial application. Therefore, the topic serves as a strong impetus not only to reflect on the current events of the particular historical moment experienced by Italy—from the 2008 crisis to the 2020 health crisis—but also, and more importantly, to consider new forms of constitutionalism, understood as the progressive and intensive institutionalization of limits on political power. Regarding public finance constraints, the study delves into the potential impacts on Italy's welfare system due to the new criteria governing public budget regulations.

Valorizing the Principle of Private Economic Initiative vs Inequalities

This thematic path has developed along several lines, with particular focus on the evolution of the capital markets and the financial instruments designed by the legislature for SMEs, which increasingly face the challenges of economic and financial crises, with the aim of fostering recovery. Attention is also given to the regulation of productive activities, especially for youth and female entrepreneurship, both at the European and national levels, to assess whether and to what extent there are prospects for a new valorization of the constitutional right to economic initiative.

Territorial Disparities and Economic and Social Development

This topic opens up a long research period focused on territorial imbalances and the definition of more effective public intervention paradigms to address them. European and national institutions are at the forefront of realizing balanced development of economic and social systems. The research examines public interventions for the development of Southern Italy to evaluate the effectiveness of measures derived from this, as well as its potential future prospects. Subsequently, the focus shifts to a broader perspective, highlighting how issues related to reducing territorial disparities affect the European integration process as a whole and the relationship between cohesion and competition, and thus between the principles of solidarity and the market. The study seeks to determine whether and to what extent a new model of public intervention, both supranational and state-based, may be developed for the economic and social development of territories and communities in depressed areas. One focus of this new model is the analysis of new pathways undertaken by cohesion policy and competition law to promote effective local development. In this sense, Special Economic Zones (SEZs), which are another focus of the research, represent an effective symbol of the new convergences between these two areas, outlining new scenarios for public intervention in the economy. SEZs are viewed as potential tools for the development of traditionally considered depressed areas, offering the possibility of new institutional approaches, such as in the case of Italy. Moreover, the implementation of the PNRR represents an intervention method (for example, through enhancing the administrative capacity of local authorities) for reducing territorial disparities.

Social Rights in the European Union and National Welfare Systems

Another significant topic at the center of recent scientific debate, and linked to issues related to the crisis of public finance, concerns the future of the European Union, with a focus on the revitalization of social rights at the supranational level. This involves examining the difficult legal framework for such rights, particularly in relation to the tools designed for their possible enforceability.

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