During the Covid-19 health emergency, a situation of scarcity of resources of different nature, albeit all somehow connected with the “medical world” (e.g. nurses and doctors), dramatically unfolded. This organisational “catch-22” induced the SIAARTI (the Italian Medical Society) to issue some recommendations of clinical ethics. The last ones turn out to be the subject matter of multiple criticisms: given the potential criteria of allocation of resources, one of those adopted the chronological one. Starting from this reflection, the paper discusses and analyses, from a comparative perspective, the approach taken by further countries: in this respect the demarcation lines existing between the Italian responses to the pandemic and those coming from other European – but not EU, namely Switzerland and the United Kingdom – countries will be highlighted.

C. Della Giustina, P. de Gioia Carabellese, in Stato, Chiese e pluralismo confessionale, n. 2/2023, pp. 61-82.

In the last decades, the concept of city has been subject to a progressive and steady evolutionary process, thus the need for mulling over the urban environment in the light of the existence of an even more integrated and digitalised society. In addition to this, there is an obvious need, and perhaps the urgency, for adopting policies aimed to better implement an environmental sustainability. At the same time, it is quintessential to ascertain which challenges the new “digital high speed” implies, particularly as far as the protection of the right of privacy and data protection are concerned. Against this background, a clear demarcation line between two different constitutional values is obvious: on the one hand, a value belonging to the tangible world, on the other hand a right which required an interaction with algorithms: in other words, a stark contrast between a human world, and a non-human world, where both need to find a communal language.

P. de Gioia Carabellese, C. Della Giustina, in Diritto e Politica dei Trasporti, fasc. II/2021, pp. 68-87.

The “Uber workers” and, more in general, individuals deployed in the platforms, overall considered the “gig economy”, have already been the subject matter of multifarious dicta in Italy. However, not only are these court decisions contradictory with each other, but also they are quite nebulous in their underpinning reasoning. Furthermore, there are a few inconsistencies with entrenched principles of the Italian legal system, particularly in the area of labour law. By contract, across the “Channel”, the Uber workers have been “dissected”, from a legal perspective, in a very recent decision of the UK Supreme Court. On such a background, it is becoming vital to ascertain the legal characterisation of “gig individuals”, also in the light of a prospective EU legal framework where this new category could be legislated. Bearing this in mind, seemingly the imminent EU regulation will engender a challenging, yet stimulating, comparative analysis with the common law (and its traditional “tests” of the contract of employment), where it still arduous to envisage any legislation in this micro-area of labour law.

P. de Gioia Carabellese, C. Della Giustina, in Journal of Law, Market & Innovation, n. 2/2022, pp. 76-93.