The research comes within the scope of the deliberations of 6th March 1985, when the Inter-Ministerial Committee for Economic Programming authorized the Italian National Research Council to promote a goal-oriented Project on the organization and functioning of the Public Administration.
Without ignoring general problematic areas, the studies lead to proposals and hypotheses for intervention and reform. In the second part, research-works in the field (the Lombardy case and nomination of company directors by public undertakings) are examined and elaborated. It also includes a report on the relationship between democracy and bureaucracy in the Private Law models of the Public Administration.
The first part outlines the models of the various sectors of the Public Administration and the midway entities between the public and the private (non-profit and co-operative). The contributions are set out in two parts, with an appendix on US “non-profit organizations” and the “grant system”. This Volume collates research contributions on “Public Administration and Private Law Models” undertaken and assembled by the Centro Nazionale di Prevenzione e Difesa Sociale on behalf of the Italian National Research Council within the goal-oriented Project on the organization and functioning of the Public Administration. I) The principle of two-step jurisdiction as a guarantee of judicial safeguard - The principle of two-step jurisdiction and the protection of the individual in the evolution of the European Communities - Two-step jurisdiction: the principle of “fair process” in the domestic systems of Member States and in the Community system - The guarantee of “fair civil process” in Treaties on human rights, with special reference to the two-step court system - The institution of a Community two-step jurisdiction for all applications by physical and juridical persons - II) Protection in the Community courts at first instance - General Community juridical principles: in particular the right to protection in the courts - Community jurisdiction subsequent to the establishment of the Tribunal of First Instance - III) Appeals to the European Court of Justice and the realization of the second step of jurisdiction - Aspects of appeals to the Court - Resulting procedural innovations and new judicial safeguards for private individuals - Prospects of judicial safeguard in Community jurisdiction. to the practical realization of the two-step principle in its protectionist role for civil liberties. In view of the major jurisdictional and procedural revisions, the structure of the jurisdiction is examined in a Community context, with special attention to the features of the first instance jurisdiction and of appeals, i.e. The important developments in Community justice also contribute to the widening and strengthening of consistency between the Member States. The judicial structure of the European Community thus consists of a Tribunal of First Instance, which instructs the cases, and the Court of Justice, whose role is being modified with the principal exercise of jurisdiction concerning Constitutional issues and questions of legal validity.
Community Law is thus adapted to the juridical concepts inherent in the systems of its Member States. The institution of a two-step jurisdiction for physical and juridical persons in Community Law represents an important new, and undoubtedly progressive, step in the system of legal protection within the Community for private subjects. The two-step principle of jurisdiction was initially introduced partially in the Community system, with the institution of the Tribunal of First Instance of the European Communities, and then broadened for all individual applications, with the extension of the jurisdiction transferred to the principal Court of Justice. As stated in its introductory part, this Volume, which was published with the partial support of MURST (Ministry for University, Scientific and Technological Research of Italy), analyses the structure resulting from the introduction of a two-step jurisdiction, which introduces an innovatory safeguard for the legal protection of individuals in the courts.
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