The paper analyses the meanings of resilience within the EU Recovery and Resilience Facility Regulation 2021/241 and the Italian recovery and resilience plan (PNRR). The paper starts in analysing the resilience meanings in social sciences (personal, territorial, organisational, administrative) and the legal approaches on resilience in common law scholars, focusing the concept of adaptive law. Furthermore, the paper analyses the emerging of resilience in international disaster and humanitarian law, in environmental law and in EU law. Then, the paper highlights if the territorial resilience is a legal concept in civil law systems and focuses the Italian public law tools facing the recent national and regional statutory provisions about the strengthening of territorial resilience. Afterwards, the Italian legal model of socio-economic and environmental planning within the PNRR is analysed, focusing the role of general principles of equal social dignity, cohesion, subsidiarity and participatory democracy in reshaping the public intervention. Finally, some Aporias of territorial resilience in post-pandemic governance are highlighted, between ”panarchy” and “epistocracy”.
Territorial resilience and post- pandemic governance in analysing the Next Generation EU instrument and the Italian recovery and resilience plan / Ferrara, Luigi. - (2021). ( ICON•S Mundo, 2021 Annual Conference The Future of Public Law. Session XXV - Panel #158 LOCAL AND NATIONAL IN PANDEMIC AND POST-PANDEMIC EMERGENCY on line, piattaforma zoom 08 Luglio 2021).
Territorial resilience and post- pandemic governance in analysing the Next Generation EU instrument and the Italian recovery and resilience plan
luigi ferrara
2021
Abstract
The paper analyses the meanings of resilience within the EU Recovery and Resilience Facility Regulation 2021/241 and the Italian recovery and resilience plan (PNRR). The paper starts in analysing the resilience meanings in social sciences (personal, territorial, organisational, administrative) and the legal approaches on resilience in common law scholars, focusing the concept of adaptive law. Furthermore, the paper analyses the emerging of resilience in international disaster and humanitarian law, in environmental law and in EU law. Then, the paper highlights if the territorial resilience is a legal concept in civil law systems and focuses the Italian public law tools facing the recent national and regional statutory provisions about the strengthening of territorial resilience. Afterwards, the Italian legal model of socio-economic and environmental planning within the PNRR is analysed, focusing the role of general principles of equal social dignity, cohesion, subsidiarity and participatory democracy in reshaping the public intervention. Finally, some Aporias of territorial resilience in post-pandemic governance are highlighted, between ”panarchy” and “epistocracy”.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


