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Articles

Legislative innovation. Towards a global law. Making process: the case of global citizenship policy modelling

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ABSTRACT

The main reference for twentieth century politics is the Nation-state, whose territory-citizens were the unique and only target of norm production. Furthermore, the function of norm production was commitment of public bodies, whose legitimacy – at least in democratic countries – depends on the ‘people’. i.e. the citizens that were the target of the law production itself. An important fact, is that national production of norms slowly shifted from the legislative to the executive power. Too many were the decisions to be made in a brief term, and too fast were people’s emotional reactions, to let this commitment to an impersonal and procedural institution like the legislative power. In a globalized world, things have changed under many aspects. The multiplicity of decisional levels, e.g.: on one side, supranational bodies and entity are more and more frequently assuming this function; furthermore, more and more frequently, national commitments have shifted towards more restricted levels, such as regions or cities. Even the target has turned much more complex: due to more and more massive migration phenomena, all national law makings are nowadays affecting large groups of people, who are not citizens, while citizens are often subjected to other countries’ legislation. Among the main consequences, is that decision-making process have untied from contingent popular reactions and it is possible now to base upon legislative processes, a long-term perspective and a global scale. This paper aims at showing this scenario consequences for innovation processes. Namely, it is possible now to set an environment for innovation by enhancing exchanges of ideas, competences and information is the result of innovation processes, no matter if social or technological. In other words, their work will aim not only at comprehending the process of law-making in the global era, but also proposing models for law-making activities that grant the best environment possible for innovation processes, i.e. free circulation of ideas, science and people.

Disclosure Statement

No potential conflict of interest was reported by the authors.

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Notes on contributors

Andrea Pitasi

Andrea Pitasi is a Ph.D. Tenured Professor of Sociology of Law at d’Annunzio University, Chieti-Pescara, Italy; Visiting Professor of Law as a Social System, PUCPR, Curitiba, Brazil; Adjunct Professor of Strategic Consulting at the SFAI Business School, Malta; Honorary Life President of World Complexity Science Academy; Past President of Eurocitizen; and Owner of Studio Pitasi Strategic Consulting Firm. He is author/coauthor of about 150 scientific publications. He is a nominor of the Inamori Foundation, Kyoto, Japan and Member of the Executive Board of SFAI Holding, Malta as Scientific Advisor. He is the theorist and policy modeller of the Systemic Hypercitizenship Program for Supranational Institutions which is the core of his research, investment, consulting, divulgation and didactic activities.

Natalia Brasil Dib

Natalia Brasil Dib is a Ph.D. student in Economic and Socio-environmental Law with PUCPR, holds a Masters in Economic and Socioenvironmental Law from the Pontifical Catholic University of Paraná – PUCPR, is Vice Scientific President Junior of the World Complexity Science Academy – WCSA and Researcher of the Brazilian Institute of Procedure and Tax Procedure – IPPT.

Giovana Portolese

Giovana Portolese is a Tax Analyst who works for the Secretariat of the Federal revenue of Brazil. She also worked as an Assistant to the Mission of Brazil to The WTO and a trainee in the European Commission Directorate – General for Taxation, and International Trade. She is CCO of World Complexity Science Academy – WCSA and a board member of Brazilian Scientific Board Reviews. She holds a Ph.D. degree in European Tax Law from the University of Bologna, Italy.

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