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What do the words Resistance and public law suggest? On the one hand, they evoke the close relationship between the Resistance, intended as a historical phenomenon, and the institutional solutions and legal problems which arose in that situation and which have soon given rise to a profound renewal of the state. On the other hand, they remind us of what happened, at a given moment, to many jurists, who were otherwise involved in the choice of the path to take, as scholars, public officials or as men. Moving from the evocation of Silvio Trentin's testimony, which functions here as an example, this volume suggests an interdisciplinary path, in which one can try to approach the complexity of the Resistance's legal universe, its many voices and its controversial representations. Seventy years after the Italian Republic's birth, wondering on such issues and remembering the experiences of some of their protagonists can provide a useful starting point to grasp a plural and very rich message, and to renew trust in a constituent legacy which is still capable of innervating the spirit of the country with strength.

Public law

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The service covered by an obligation corresponds, in the definition offered by the law (art. 1174 of the Italian civil code), to an interest of the creditor. What happens if this interest, in the context of a contractual relationship, can no longer be satisfied due to unforeseen causes not attributable to the parties? The jurisprudence affirms that when an interest is objectively functional and necessary for the realization of the contractual program, its infringement can lead to the cancellation of the legal bond. However, what are the exact legal consequences of such cancellation, and what are its forms? This is the essential content of this work, aimed at investigating the foundation and content of the extra-legislative category of the unexpected unusability of a service.

Public law.

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Waste is a commodity, and in particular the separately collected, single-variety waste from private households such as waste paper is a highly coveted commodity that public bodies responsible for waste management, i.e. the municipalities, and private sector waste management companies compete for. The German recycling law (KrWG), which came into force in 2012, allows for this waste according to §§ 17, 18 KrWG an exception to the general obligation to hand over the waste to the public bodies responsible for waste management. However, the exception is so narrow that the competent authorities, which are often the responsible bodies for waste management at the same time, can easily ban the collection of private companies. This restricts the European free movement of goods and infringes EU competition law. The present work highlights these restrictions and infringements and examines whether they can be justified, in particular, by the exemptions for Services of General Economic Interest (SGEI). Insofar as this does not succeed, an amendment of the relevant regulations of §§ 17 and 18 KrWG is proposed.

Public law.

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Dieser Band enthält die Referate und Diskussionen der Tagung der Deutschen Staatsrechtslehrer in Saarbrücken vom 4.-7. Oktober 2017. This volume includes lectures and discussion from the Conference of the Association of German Professors of Constitutional Law in Saarbrücken, 4-7 October 2017

Public law --- Constitutional law --- Law

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Collecting societies are central players in copyright law in Germany with an annual turnover of currently almost two billion euros. Hundreds of thousands of cultural workers are directly dependent on the exploitation of their rights by collecting societies. Critics are of the opinion that these rights owners have only insufficient influence on the supposedly intransparent distribution of funds by the collecting societies. The criticism culminated in accusations of "mafia-like structures". This paper examines the internal structure and corporate governance of collecting societies. While their activities and state supervision are partially harmonized throughout Europe and regulated in the German VGG, the internal structure of the societies as a hybrid between private and public law has hardly been investigated. With the help of interviews with stakeholders, it is possible to evaluate the status quo and to make suggestions for improvement that are suitable for raising the standard of co-determination.

collecting societies --- public law --- private law