Tort and Regulatory Law in Italy
In an effort to synthesise a complex issue, one may say that the impact of administrative law rules on Italian tort law is at least twofold.
Liability for Failure to Regulate Health and Safety Risks
As one can notice, the discussion on liability of the State for failure to regulate health and safety risks is at a very early stage. Judicially, many jurisdictions have not yet been confronted with the question. Others have generally ruled on the issue only rarely and recently. Theoretically, an important doctrinal effort seems necessary to conceptualise, understand and delimit precisely the scope and the conditions of this specific case for liability. This paper was a first attempt to draw some conclusions from the viewpoint of positive law and to sketch some of the possible future scenarios. Our impression is that there is in our legal systems more space for this type of State liability than one would initially expect. Empirical data are necessary to precisely assess whether the court second-guessing could in fact achieve the objectives of the legal system. Our feeling is that the control by courts of State’s action or inaction to regulate health and safety risks is beneficial, at least in some circumstances. The delimitation of the scope of the control and the precise conditions for compensation needs to be further elaborated upon.
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. 
 
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ.