Scuola Superiore Sant'Anna

Giovanni COMANDE'

Settore scientifico disciplinare: IUS/02 - diritto privato comparato
Istituto di afferenza: Istituto di Diritto, Politica, Sviluppo
Address: Scuola Superiore Sant'Anna - Piazza Martiri della Libertà, 33 - 56127 Pisa (Italia)
 
Fundamental Rights Protection, Movement of Persons and Private Law

Project Leader: Prof. Dr. Giovanni Comandé
Societies are increasingly multicultural due to the phenomenon of movement of persons. Movement within more or less homogeneous areas (e.g. the EU), or migration into these areas, is changing the composition and homogeneity of our modern societies along with technologies, the recognition of different cultural, religious or social heritages and the increasing role of international bodies in protecting fundamental rights within individual States and intervening with private law. Advancing from our previous studies on fundamental rights protection and private law, this highly interdisciplinary and innovative line of research is interested in both theoretically and empirically studying the impact the named changes realise on private law rules at a national level and how the protection of fundamental rights embedded in international conventions and national constitutions is able to design innovative regulatory schemes, private law rules and integration policies. To date, contract and family law, as well as tort related issues encompass the main research in this area.
 

Information Society, Law and Policy

Project Leader: Prof. Giovanni Comandé
Information technology is profoundly changing our behaviour in private life and in the markets for goods and services. Many of these changes pose old issues of protection of fundamental rights and freedoms in new ways, while advocating new modes of governing individual and social relationships. Issues related to privacy, electronic commerce and IP are but a few examples. Moreover, the so-called death of distance requires a reconsideration of the actual role of law in regulating transactions and behaviour on the net. Our aim is to investigate new legal policies in selected areas and to continue a scientific development compatible with individual protection on a global scale. The field of research focuses on the following main items: advanced digital technologies such as systems of Digital Rights Management (DRM), platforms for automated management of privacy preference, Trusted Computing and ‘secure’ architectures, semantic Web and intelligent software agents; ‘electronic documents’, ‘digital signature’, ‘electronic signature’ and qualified signature; e-commerce, focusing mainly on privacy, limitation of freedom of contract and control over unsolicited commercial e-mails. This very broad field of research is closely connected to more specific areas followed in the Lab. In the years to come, intellectual property issues will gain momentum in our research goals. The main core of this new research sphere will focus on the close link between the international harmonisation of IPR rules and the number of hypothetical threats to users, fundamental rights, with particular attention to digital-copyright enforcement provisions and the broadening of the scope and substance of patent law.
 

Regulated and regulating civil liability

Project Leader: Prof. Dr. Giovanni Comandé
This area of research is comprised of several mainstreams which are interrelated and linked by the necessity to critically analyse the role that civil liability and, in general, private law rules, play as regulatory instruments, for instance in managing risks derived from the technological and scientific progress or in designing innovative methods of Community Law enforcement or national models of state liability, or in co-determining the interplay between product safety and liability.
 

Medical Malpractice and Risk Management

Project Leader: Prof. Dr. Giovanni Comandé, Prof. Giuseppe Turchetti
Among the main research areas, a primary field is medical malpractice and risk management. In this field, we have performed several interdisciplinary studies in cooperation with economists, medical doctors, technology experts and insurers. Our studies showed that a conflicting attitude among stakeholders has led to a problematic situation, in which costs are rising (both at insurance level and in the provision of health care). Medical doctors and health care institutions are under pressure and, paradoxically, the risks for patients/citizens are increasing. We found that this state of the law calls for significant, ‘non-conflictual’ reforms in the field of both substantive and procedural (including ADR) rules, in order to restore protection and ‘dignity’ to all stakeholders. Our conclusions relied upon evidence-based medicine, as well as upon the development of professional proficiency levels in the health care sector. In this framework, we also seek to identify the legal elements of risk management related to public and/or private health structures, in order to further determine the tools to qualify different risks and the proper methodology to assess them.