Upcoming
“Les étranges actes de “soft law” de droit européen – C-911/19 CJUE, Fédération Bancaire Française”
Revue du Droit de l’Union Européenne 2023/3 (preliminary)
In contrast to what is usually defined as soft law – that is, value-free guidelines set either by the administration, but more frequently by international institutions, and which are followed regardless of their normative value because of their sophistication and standardisation – EU soft law casts doubt on the concept of ‘law’ itself. […] [which] finally culminated in Case C-911/19, Fédération Bancaire Française. Should “law” in the EU be defined only as actions adopted by the EU institutions through legislative procedures, or should it also include additional quasi-regulatory measures such as EU soft law? […]
Upcoming
“The New Swiss (Financial) Stewardship Code (AMAS/SFF) : Much Ado About Nothing? A comparative analysis with the British Stewardship Code“
Submitted to the The International Journal for Financial Services
How does the newly introduced Swiss Financial Stewardship Code (AMAS/SFF) stand in comparison to the established British Stewardship Code? This research paper seeks to explore the substance and implications of Switzerland’s latest regulatory framework in the financial sector, questioning whether it represents a significant advancement or merely a superficial change. By conducting a detailed comparative analysis, the study examines the objectives, principles, and effectiveness of both stewardship codes.
Upcoming
“When ‘Smart’ doesn’t mean ‘Intelligent’: the case of Venice and its Overtourism-induced Gentrification”
Submitted to the Energy and Buildings Journal
Can a Smart City be really smart, but at the same time not offer any real advantage to local stakeholders? The aim of this article is to offer a comprehensive perspective on the current situation of the city of Venice, observing the socio-cultural processes taking place in it. This is done through the development of a careful and in-depth analysis of the literature regarding the gentrification process directly connected to the implementation of smart and innovative policies within an urban context. In fact, it is found that the city of Venice is undergoing profound changes mainly driven by economic drivers supported by local policies, despite some stakeholders organising themselves to mitigate the trend. Is the concept of a “Smart City” truly beneficial, or does it merely serve as a buzzword without delivering tangible benefits to local stakeholders? This article seeks to critically evaluate the situation in Venice, scrutinizing the socio-cultural dynamics unfolding within the city. Through a detailed and skeptical examination of the literature on gentrification linked to the adoption of so-called smart and innovative policies in urban areas, it emerges that Venice is experiencing significant transformations. These changes are predominantly fueled by economic interests and facilitated by local policy initiatives, even as certain stakeholders attempt to counteract these developments. The investigation raises questions about the real value and impact of smart city initiatives, particularly in terms of their ability to serve the broader community’s interests.
Upcoming
“Information Technology (IT) security in the Financial sector: an upcoming (comparative) legal problem“
Submitted to the Computer Law & Security Review
How does the landscape of Information Technology (IT) security within the financial sector evolve when viewed through the comparative legal frameworks of Ireland, Luxembourg, and Switzerland? This research paper seeks to interrogate the complexities and challenges posed by cyber threats and the safeguarding of digital assets in a technologically driven financial services industry. What regulatory measures, compliance requirements, and cybersecurity strategies are currently employed by these countries, and how do they compare in effectiveness? Are there potential gaps in their approaches, and what could be the implications of these gaps for international cybersecurity norms? Through a comparative analysis, this study questions the feasibility and potential benefits of harmonizing IT security standards and practices across these jurisdictions. […]
January 2024
“Assessing Quality of Life in German, French, Italian and Polish Smart Cities: Identifying the Need for Further Development”
Smart Cities and Regional Development (SCRD) Journal 2024/1 8
The concept of smart cities has gained significant attention in recent years, as urban areas worldwide seek to leverage technology and innovation to enhance their residents’ quality of life. It is agreed that one of the core objectives of the smart cities is the optimisation of quality of life and resident satisfaction. This research endeavours to explore the relationship between smart city rankings and quality of life in four European countries: Germany, France, Italy, and Poland. In doing so, we encountered a multitude of complexities and nuances. While the concept of smart cities holds great promise for urban development and enhancing residents’ well-being, the current methodologies for comparing smart cities and assessing quality of life require refinement and standardization. Addressing these challenges will not only advance our understanding of the impact of smart city initiatives but also pave the way for more effective urban planning and policy decisions to improve the overall quality of life in urban areas.
Available on SCRD website HERE
December 2023
“Artificial intelligence governance in smart cities: A European regulatory perspective”
Journal of Autonomous Intelligence, vol. 7 n. 2 (Dec 2023)
The integration of AI in our daily lives is rapidly increasing, offering numerous benefits to society. In a Smart City context, said integration is almost implicit: Smart Cities allow for a stream of data upon which AI is not only used but developed and trained. There are however concerns about the unpredictability and uncontrollability of AI, prompting calls for transparency and explainability of its underlying machine-learning algorithms. To ensure useful and understandable explanations of inherent biases, policymakers should focus on the concrete risks and biases of algorithms in relation to specific legal contexts. This article examines the legal implications of AI, including potential regulatory frameworks, the impact on privacy and intellectual property laws, and ethical issues. It also explores governance drivers and policy processes of AI regulation and governance in the European Union. Then, after focusing on the newest Artificial Intelligence Act—viewed both under a fundamental right and a smart city AI integration perspective, it is argued that a three principle-based approach to AI deployment in smart cities is needed to balance inefficiencies derived from the inherent complexity of AI, namely: fairness, privacy and transparency.
Available on Frontier Scientific Publishing website HERE
September 2023
“The Effects of Eco and Smart Policies: A Social Justice Perspective”
Trends in Sustainable Smart Cities and Territories. SSCT 2023. Lecture Notes in Networks and Systems, vol 732. Springer
This article aims to offer an insight often overlooked by policymakers within the smart and green innovation landscape: that of the social effects of these policies. In particular, in the first part of the introduction and trend scenario in European policies, the general framework of smart-eco innovation is outlined. Then, in the second part, the topic of the effects of these policies is touched upon, before going into detail on the two main aspects forming the basis of economic inequality: housing and employement. The article then comes to understand that smart and green innovation have significant drawbacks when it comes to inequality, especially at the spatial level. Therefore, it is crucial that all these elements are taken into account when implementing smart policies so that our cities become truly smart and not mechanical.
Available on Springer website HERE
August 2023
“Smart and Urban Innovation Policies’ Risks of Gentrification: a Focus on Venice”
8th International Conference on Smart and Sustainable Technologies (SpliTech), Split/Bol, Croatia, 2023
The aim of this article is to offer a comprehensive perspective on the current situation of the city of Venice, observing the socio-cultural processes taking place in it. This is done through the development of a careful and in-depth analysis of the literature regarding the gentrification process directly connected to the implementation of smart and innovative policies within an urban context. In fact, it is found that the city of Venice is undergoing profound changes mainly driven by economic drivers supported by local policies, despite some stakeholders organising themselves to mitigate the trend.
Available on IEEE Xplore website HERE
August 2023
“Nudging: a double-edged sword in the era of Big Data”
8th International Conference on Smart and Sustainable Technologies (SpliTech), Split/Bol, Croatia, 2023
This article aims to analyse the tool of nudging, in its most recent evolution of hypernudging, from a mainly practical perspective. The development of the big data world and the parallel phenomena of datafication have on the one hand reduced the costs of implementing nudging and on the other hand exponentially increased its pervasiveness. By penetrating the intimacy of one’s private life, hypernudges risk compromising the renown individual’s right to be left alone. The article therefore elaborates on these privacy risks and attempts to offer solutions both theoretically and practically.
Available on IEEE Xplore website HERE
April 2023
“Regtech, un problème (et non une solution) : la problématique de la structuration des outils informatiques dans le cadre actuel de l’ue, du point de vue de la conformité, des droits fondamentaux et des sanctions en droit bancaire et financier”
Revue Internationale des Services Financiers 2022/4
Depuis un rapport d’Accenture de 2016, une ventilation structure le débat autour des RegTech : la gestion de l’identité (principalement les procédures de connaissance du client et la gestion des processus d’authentification et de gestion des données personnelles conformément aux nouvelles directives du GDPR) ; l’analyse des risques et des contrôles (avec des éléments tels que la cybersécurité et l’agrégation des données sur les risques pour la détection et la gestion des risques et des activités de contrôle) ; la surveillance (notamment les activités de lutte contre le blanchiment d’argent, le filtrage des ransactions, la détection et la prévention de la fraude) et la veille églementaire et le reporting (entre autres le reporting automatisé et l’interprétation de la réglementation). Ces domaines clés, qui couvrent l’essentiel des enjeux de ce secteur, nous permettent d’appréhender le secteur d’un point de vue pratique, et ont fait l’objet d’une littérature scientifique certes limitée, mais complète. […]
Available on Larcier Intersentia website HERE
March 2023
“Using Smart People to Build Smarter: How Smart Cities Attract and Retain Highly Skilled Workers to Drive Innovation (Belgium, Denmark, the Netherlands, Poland)”
Smart Cities and Regional Development (SCRD) Journal 2023/1 7
Smart cities have been heralded as new powerhouses of economic growth and their capacity to fill this promise strongly depends on how attractive they are to highly skilled people. In fact, talented professionals can be regarded as their precondition and the fuel of innovation. In this article, we try to articulate how outstanding smart cities have managed to consolidate and retain a highly skilled graduate workforce. To this end, we analyse recent institutional developments in the cities with smart ambitions that achieve the highest smartness scores and compare them to parallel developments in those that obtain the lowest scores or no score across four countries: Belgium, Denmark, the Netherlands and Poland. […]
Available on SCRD website HERE
February 2023
“Privacy and Security Concerns in the Smart City”
Smart Cities 2023, 6(1)
This article will highlight negative personal privacy and informational security outcomes that may arise from development programs currently pursued in smart cities. It aims to illustrate the ways in which the remedies proposed so far appear insufficient from a legal or practical standpoint, and to set forth a number of tactical approaches that could be used to improve them. […] The study clarifies how significant data privacy and information protection are in the making of a successful smart urban community and provides insights on local Italian and Swiss policy makers’ interest about digital innovation tied to the development of data protection.
Available on MDPI website HERE
December 2022
“Culture-Sensitive Public Procurement Benchmarking”
Journal of Infrastructure Policy and Management 2022, 4(1)
In this brief article we will address the measure of managing public procurement taking into consideration cultural, corporate and organizational specificities, with a sustainable development strategy in mind. […] [W]e need to be aware that integrating cultural factors when dealing with public procurement is fundamental when it comes to leadership issues. Underpinning leadership is an ability to comprehend people, their values, and characteristics, and how these factors may correct and adapt public procurement methodology.
Available on JIPM website HERE
August 2022
“Directive Crowdfunding et droit français : une simplification bienvenue”
Revue du Droit de l’Union Européenne 2022/2
With limited ambition, the Crowdfunding Regulation (2020/1503 ) breaks down national regulations and creates a regime that is extremely favourable to investors and market liquidity. Through a legal study comparing the options chosen by the French, Swiss and European legislators in the field of crowdfunding, this brief study aims to highlight the advantages and disadvantages of these regimes.
Available on Larcier Intersentia website HERE
April 2022
“Establishing Participative Smart Cities: Theory and Practice”
Smart Cities and Regional Development (SCRD) Journal 2023/1 7
In recent years, there have been efforts carried out by international organisations, like the OECD or the EU, to push for smart cities to take inclusion as one of their core pillars. This raises the question of a newly discussed concept: participative (or participation) smart cities. More specifically, it raises the question of whether such a setting or program is feasible , and how passive participants can be transformed into active stakeholder. In order to answer the research question, this article intends to assess the level of citizen participation in a sample of selected smart cities. […] The article concludes that if smart cities want to follow international organisations recommendations to make cities more inclusive and participatory, institutional reforms must be conducted.
Available on SCRD website HERE