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Cultural, economic and political trends are changing the way public
administrations are organized and this book examines the new
challenges managers face, with the need for a shift from a
traditional bureaucratic model to a competency-based approach to
organizational design and management in the areas of recruitment,
training, career development and assessment. Through the analysis
of an experimental project launched jointly by the Italian National
School for Administration (SNA) and the Prime Minister's Office,
this book showcases how a competency-based system can be a key tool
in reforming HR in the public sector, with significant effects on
the organization and management of public administration.
The open access book examines the consequences of the Italian
Constitutional Court's Judgment 238/2014 which denied the German
Republic's immunity from civil jurisdiction over claims to
reparations for Nazi crimes committed during World War II. This
landmark decision created a range of currently unresolved legal
problems and controversies which continue to burden the political
and diplomatic relationship between Germany and Italy. The judgment
has wide repercussions for core concepts of international law and
for the relationship between different legal orders. The book's
three interlinked legal themes are state immunity, reparation for
serious human rights violations and war crimes (including
historical ones), and the interaction between international and
domestic institutions, notably courts. Besides a meticulous legal
analysis of these themes from the perspectives of international
law, European law, and domestic law, the book contributes to the
civic debate on the issue of war crimes and reparation for the
victims of armed conflict. It proposes concrete legal and political
solutions to the parties involved for overcoming the present
paralysis with a view to a sustainable interstate conflict solution
and helps judges directly involved in the pending post-Sentenza
reparation cases. After an Introduction (Part I), Part II,
Immunity, investigates core international law concepts such as
those of pre/post-judgment immunity and international state
responsibility. Part III, Remedies, examines the tension between
state immunity and the right to remedy and suggests original
schemes for solving the conundrum under international law. Part IV
adds European Perspectives by showcasing relevant regional examples
of legal cooperation and judicial dialogue. Part V, Courts,
addresses questions on the role of judges in the areas of immunity
and human rights at both the national and international level. Part
VI, Negotiations, suggests concrete ways out of the impasse with a
forward-looking aspiration. In Part VII, The Past and Future of
Remedies, a sitting judge in the Court that decided Sentenza
238/2014 adds some critical reflections on the Judgment. Joseph H.
H. Weiler's Dialogical Epilogue concludes the volume by placing the
main findings of the book in a wider European and international law
perspective.
Cultural, economic and political trends are changing the way public
administrations are organized and this book examines the new
challenges managers face, with the need for a shift from a
traditional bureaucratic model to a competency-based approach to
organizational design and management in the areas of recruitment,
training, career development and assessment. Through the analysis
of an experimental project launched jointly by the Italian National
School for Administration (SNA) and the Prime Minister's Office,
this book showcases how a competency-based system can be a key tool
in reforming HR in the public sector, with significant effects on
the organization and management of public administration.
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