Extraordinary Administration Research Articles

Analysis of South West Airlines Management and Logistic Plan

Southwest Airlines has turned into a precursor in the competitive airline market, this is because of its novel management and operations procedure. Therefore, investigating its extraordinary strategies, benefits, difficulties, and impacts on the airline's operations gives substantial recommendations for its future development. Southwest Airlines is a spearheading low-cost airliner known for its obligation to client-centricity and functional proficiency, which is plentifully shown by its extraordinary administration and coordinated operations plan. The "Southwest Way" culture, which advances employee empowerment and outstanding client support, is at its core. The point-to-point route structure of the airline augments productivity by diminishing intricacy and working with fast airplane turnarounds. This procedure works on functional adaptability and cost viability and is upheld by a normalized Boeing 737 fleet. Furthermore, Southwest increases airplane usage and income creation by focusing on short-haul trips. Nonetheless, because of the restrictions of the point-to-point idea, significant distance and global extension face difficulties. However, the essay proposes strategic ideas, like worldwide market extension, state-of-the-art administrative procedures, environmentally friendly logistics, and computerized change. These actions ensure progressing thriving, ecologically dependable activities, and unrivaled client encounters. To introduce Southwest Airlines as an aeronautics pioneer, this paper explores its mind-blowing way, which was set apart by remarkable procedures, difficulties, and steadfast purpose. In spite of difficulties, Southwest's beliefs, and employee-focused culture fueled the development and increased industry expectations. The paper examines how these components impact advancement and development.

A Novel Approach for an Outdoor Oyster Mushroom Cultivation using a Smart IoT-based Adaptive Neuro Fuzzy Controller

An automatic environment control systems for greenhouses are turning to be very significant because of food demand, and rise in temperature and population of the world. This article proposes to design and implement a low cost, robust and water efficient autonomous smart internet of things (IoT) system to monitor and control the temperature, and humidity of an outdoor oyster mushroom growing unit. The IoT-based control system involves DHT22 sensors, ESP32 controller and actuators (water pump and cooling fan) to facilitate the adequate amount of air for circulation to maintain temperature and water to maintain humidity inside an outdoor oyster mushroom growing unit as per its requirement. A real working prototype is developed and implemented on integrating fuzzy inference system (FIS) in ESP32 controller using Arduino C with the help of its integrated design environment. The FIS is designed to calculate the switching on/off time of water pump and cooling fan on sensing current temperature, and humidity inside oyster mushroom unit with respect to ambient temperature, and humidity respectively. The prototype provides inside temperature, humidity, ambient temperature, ambient humidity, water pump time and fan time on Thing-speak platform in real time. Furthermore, the data is used for design and simulation of Adaptive Neuro Fuzzy Inference Controller for an outdoor oyster mushroom growing unit in MATLAB/Simulink to improve the performance of the system. The practical applicability of the proposed ANFIS controller over FIS Controller and industrial PID Controller is shown by simulation findings with use of experimental data. The system reduces water use as well as an extremely extraordinary administration required for monitoring the mushroom unit. In addition, it increases robustness of the system.

Administrative Reform and Administrative Responsibility

In this paper, I introduce the history of major administrative reforms of Japan and elucidate the views to administrative responsibilities in these administrative reforms.
 The central government of Japan has implemented major administrative reforms three times. These reforms covered various areas, including cabinet system, administrative organization system, civil service system, and inter-governmental system. The plans of these reforms have been formulated by the councils which were established temporarily. These councils were the First Extraordinary Administration Research Council (the First Council, established in 1963), the Second Extraordinary Administration Research Council (the Second Council, established in 1981) and the Administrative Reform Council (established in 1996).
 In this paper, I examine, among various meanings of administrative responsibilities, how the three councils had evaluated each meanings. For this purpose, I classify the various responsibilities into the three concepts which are derived from the theories of administrative responsibilities dating back to Friedrich and Finer debate. The three concepts are (1) responsibility as ability, (2) responsibility as extent, and (3) accountability. Responsibility as ability is the responsibility of each administrative organ fulfilled by resolving public issues actively and autonomically. Responsibility as extent means the extent of each administrative organ to have a responsibility for dealing with public issues within society. Accountability is the external type of responsibility in which the public and the congress hold administrative organs accountable for their activity through formal institution.
 Considering the views to administrative responsibilities of each council, I note the impact of the socioeconomic contexts. Each council had been established under different socioeconomic contexts including the scale of revenue, the degree of trust in the government, and the demands from other countries. I show these contexts influenced not only the contents of the reform but also the views on administrative responsibilities.
 The overview of the results of this study is following.
 The First Council emphasized responsibility as ability and responsibility as extent. Due to high economic growth and strong need to improve social infrastructure, the First Council expected administrative organs to actively improve social structure using increasing revenue.
 The Second Council recommended improving responsibility as ability, but reducing responsibility as extent. During this period, the central government of Japan, like other developed countries, faced the oil shock. The government decided to adopt such views in order to sustain the welfare state.
 The Administrative Reform Council focused on the introduction of accountability. The reasons for the high commitment were the criticisms of unclear administration from other countries, administrative failures and scandals, and the change of government.
 Lastly, I briefly summarize the view towards administrative responsibility from 2000 to 2020 in Japan. During this period, the government has expanded responsibility as extent through establishing agencies and improved responsibility as ability based on introducing various methods.
 This presentation contributes to the clarification of the relationship between the socioeconomic environment, the views of the person in charge of administrative reform and the content of administrative reform.

“Extraordinary Administration” for Business Rescue in Italy: Admission Requirements and Value Creation

Large Italian firms in financial distress are admitted to the business rescue procedure called “Extraordinary Administration” with a view to preserving the business as a going concern when two objective requirements are met: at least two hundred employees and debts not less than two-thirds both of total assets and revenues. This study examines whether these selection criteria are adequate to identify large firms in terms of value creation. The analysis is motivated by the idea that social utility in the rescue of large firms should not be justified only by the number of employees, but also by the worth of the goods and services created by the firms. The sample is made up of 1,581 Italian manufacturing firms and four subsamples were analyzed for the three year period 2015-2017 using a set of logistic regression models. Research findings show that highly leveraged firms eligible to go into “Extraordinary Administration” do not select large firms as measured by proxy variables that take into account value creation, such as total assets and/or revenues. On the other hand, hypothetical alternative selection criteria based on total assets and revenues identify large firms in terms of value creation but no statistical evidence was found to show how these firms are leveraged.

“Too big to fail”? The Agrokor case and its impact on West Balkan economies

AbstractFrom about April 2017, Agrokor became the main economic topic in the Balkans. Once the greatest pride of the Croatian economy, it became a serious problem for its government. Its systemic importance for the country and the region required an immediate legislative solution. The Government had Parliament pass a special law intended to save this company. The special law on the procedure of extraordinary administration in companies of systemic importance adopted in April 2017 is an interesting example, because it introduced a new insolvency procedure titled “extraordinary administration” clearly following the example of the Italian Legge Marzano, which was adopted in order to save the Parmalat group in 2003. It also represents an example of a collision of legislation in the case of cross‐border insolvency proceedings inside and outside of the European Union, where different jurisdictions have diverging standpoints on the question of its recognition as a foreign insolvency procedure. However, once the rescue proceedings began, numerous (and some dubious) interests of the different stakeholders came to the light. The government tried not only to rescue the company and its assets throughout the Balkans region but also to acquire control of it. This was especially visible through the prerogatives of the extraordinary commissioner, formally appointed by the court, but in fact a government official. Creditors at risk, mainly Russian and Italian banks, filed lawsuits to prevent the selling of the debtor's assets. At the end, the majority creditors called to vote on the settlement agreement became the new owners of the company. However, Agrokor is still far from the end of the crisis. It has more than 60,000 employees in the region and their destiny depends on the outcome of the crisis. In more recent times, the case also revealed major political scandals.

Universalism and the recognition of group proceedings under the UNCITRAL Model Law in Montenegro

AbstractAmong the most topical insolvency issues in 2017 was the Croatian “Lex Agrokor”—a controversial “tailor‐made” law providing a unique restructuring opportunity for the largest Croatian conglomerate, the parent company of which was otherwise facing bankruptcy. Soon after the “extraordinary administration procedure” began, the appointed administrator started filing motions for the recognition of the alleged group insolvency as foreign insolvency proceedings in a number of neighbouring and other European countries, most of which have adopted the UNCITRAL Model Law on Cross‐Border Insolvency. It was an attempt to save the conglomerate's property from being seized in a disorderly fashion by various secured creditors, most noticeably, the largest Russian financial institution Sberbank, which contested these motions with varying success. This article, however, does not present an effort to comprehensively analyse the ongoing legal battle but rather adopts a broader approach to examining the Lex Agrokor to establish grounds for more general conclusions. More precisely, the purpose of this article is twofold. First, to offer strong arguments that, from the standpoint of typical insolvency legislation based on the Model Law, such as that of Montenegro, both the actual and future group proceedings initiated under the Lex Agrokor should fail to meet recognition requirements. Second, based on the preceding case study, to offer conclusions on how to further promote universal approach regarding group insolvencies by emphasizing exactly what the national laws regulating group insolvency should not feature so as to have the proceedings introduced therewith recognized in countries adopting the Model Law.

The preventive restructuring of companies in difficulties

The Republic of Croatia is facing the biggest restructuring of companies in difficulties with substantial involvement of international financial investors. Restructuring is implemented according to a newly adopted Act on extraordinary administration proceeding in companies of systemic significance for the Republic of Croatia. The latter Act was adopted in the aftermath of the business failure of the major retailer i.e. the Agrokor group. The restructuring of the group has soon become a very sensitive political issue and a topic of heated public discussions. The Act has been heavily criticized both by legal scholarship and by the public for being designed for a single group of companies in Croatia, as well as for being incoherent with constitutional principles and existing insolvency legislation. It created a type of debtor-not-in-possession in-court extraordinary administration designed for systemic significant (group of) companies in state of insolvency or pre-insolvency. Departing from this background, this paper aims to provide a wider restructuring picture by comparing three different legal models of preventive corporate restructurings for firms in difficulties: the German protective shield proceedings, the English schemes of arrangment and the Italian extraordinary administration. The authors attempt to evaluate each model’s effectiveness on the basis of relevant studies which indicate their success rate. As far as the Croatian Act is concerned, the paper provides an overview of the development of the preventive restructuring law, while questioning certain aspect of the Act, especially the concept of the company of systemic significance.

Accountability and patronage in extraordinary administrations: Evidence from Pompeii

AbstractDrawing on the concept of an accountability web, this paper analyzes the 2‐year long extraordinary administration of the archaeological site at Pompeii, where the Italian Prime Minister appointed a special Commissioner to deal with the alleged decay of the site in July 2008. Findings shed light on critical issues related to the appointment of “loyal experts” in terms of strong personalization, short‐term thinking, and the influence of the media in the administration of public services. Moreover, the paper introduces patronage accountability as a distinct accountability dimension that is characterized by a hierarchical and informal nature, and which cannot be accessed by those who are not part of the transaction. We add to the literature by identifying patronage accountability as a separate accountability dimension that conflicts with more common ones, and examine the implications of this practice for public administration.

The Insolvency Regime for Large Enterprises in Italy: An Economic and Legal Assessment

The modernization of Italy's insolvency framework has been the subject of much interest in recent years, related not least to its role in potentially facilitating an efficient allocation of resources. A unique feature of Italy's insolvency framework is a special regime for large enterprises known as 'extraordinary administration'. This paper evaluates the merits of this special regime by assessing its efficacy and success in achieving its stated goals and comparing its features to international standards and best practices. It finds that the special regime tends to impose large costs on creditors and the state. The regime results, in most cases, in the sale of parts of the group, followed by a liquidation phase of the remaining assets which can take longer than the general regime, hindering legal certainty for creditors and more generally economic efficiency, investment and job creation. Based on international best practices and experience, consideration should be given to folding the special regime into the general insolvency regime, possibly with provisions to allow for state intervention in specific well-defined circumstances.

Le cause della crisi d’impresa. Analisi dei fattori di crisi delle grandi imprese in Amministrazione Straordinaria

Purpose of the paper: The aim of the paper is the evaluation of the main determinants of the crisis of large companies under extraordinary administration in order to verify if these factors are consistent with the explanatory models described in the literature. Methodology: The qualitative variables of the research are based on the systematization of the international literature. Two distinct research groups have evaluated the presence and relevance of each variable with respect to 86 corporate groups. The analytical comparison between the two groups has led to the the overall assessment. Findings: The crisis of the analyzed companies is primarily determined by endogenous strategic factors and imbalances in the capital structure. The study confirms that the main determinants of the crisis are consistent with the models of the business failure described in the economic literature. Research Limits: Additional empirical researches are required to assess the other variables of the business failure. In addition, the research analyses companies suited in the very advanced stages of the crisis. Practical Implications: The findings are the most important input for the implementation of tools to predict the evolution of the crisis. Originality of the paper: The research is based on an assessment model of the crisis’ determinants based on an analytical comparison of evaluations made on the basis of heterogeneous sources of information. In addition, the study confirms the validity of the theoretical constructs developed by the literature with regard to the analyzed large Italian companies.

The Insolvency Regime for Large Enterprises in Italy: An Economic and Legal Assessment

The modernization of Italy’s insolvency framework has been the subject of much interest in recent years, related not least to its role in potentially facilitating an efficient allocation of resources. A unique feature of Italy’s insolvency framework is a special regime for large enterprises known as “extraordinary administration”. This paper evaluates the merits of this special regime by assessing its efficacy and success in achieving its stated goals and comparing its features to international standards and best practices. It finds that the special regime tends to impose large costs on creditors and the state. The regime results, in most cases, in the sale of parts of the group, followed by a liquidation phase of the remaining assets which can take longer than the general regime, hindering legal certainty for creditors and more generally economic efficiency, investment and job creation. Based on international best practices and experience, consideration should be given to folding the special regime into the general insolvency regime, possibly with provisions to allow for state intervention in specific well-defined circumstances.

Akty zarządzania dobrami doczesnymi

The Code of Canon Law (Corpus Iuris Canonici, CIC), in its version enacted by Pope John Paul II, employs diverse terminology when refer- ring to acts of administration of goods. Can. 1277 of CIC refers to “acts of administration which are more important” and “acts of extraordinary administration”, while the provision of 1281 §1 and §2 of CIC points out the dierence between “acts of ordinary administration” and “acts which exceed the limit and manner of ordinary administration”. Although the terminology adopted in the Code of Canon Law clearly marks the dierence, it does not dene these terms and does not provide any list of these acts. Scholars do not provide much opinion in this matter either, leaving the issue for consideration by particular legislation and legal practice. However, the exact denition of dierences between the above-mentioned acts of admi- nistration is of great practical importance for the validity of acts related to the administration of ecclesiastical property. e article presented herein, based on an analysis of Can. 1277 and Can. 1281 §1, and §2 of CIC, indicates the existing dierences in terminology, and underlines the urgent need to develop a list of extraordinary acts of administration of ecclesiastical goods to ensure the stability of this kind of legal action, and draws attention to the criteria by which acts of extraordinary administration should be formulated.

Le competenze del superiore provinciale di un istituto religioso riguardo ai beni temporali e della loro amministrazione

Each province of the religious institutes, as a legal person in the Church has the right to acquire, possess, administer and alienate their material goods. These acts are taken by the provincial superiors while maintaining the common law and of own institute. All activities related to the ordinary administration may be taken by those superiors, but respecting the roles and responsibilities of the Provincial Treasurers provided for by law in this regard. Hence, fulfilling the acts of ordinary administration of material goods we should avoid any conflict between the two offices. Between the superior and treasurer there should be a mutual trust and be kept a constant dialogue on the administration of the entrusted material goods. Any acts of extraordinary administration remain within the competence of the provincial superior, who in some cases provided by law, may/can delegate them to other members of the Institute, including treasurers. While the act of alienation of material goods can be taken by the provincial superior or general, depending on the value of alienated goods. If the value of the transaction exceeds the sum determined by the Holy See for the region, then the permission for the act of alienation shall be given by the Holy See.

Accounting, Charities and local government in modern Italy: the case of the Congrega della carità apostolica in Brescia

Within the framework of the social charity systems born in Italy during the modern age, the case of Brescia stands out because of its complexity and of the presence of a significant charitable organization denominated Congrega della carita apostolica (CCA). Initially aimed at addressing the needs of the shamefaced poor - i.e. of those impoverished people who could no longer preserve the lifestyle of the social status they had previously enjoyed - in the early 20th century, this organization was the largest urban charity institution in the Kingdom of Italy. This paper aims to outline its institutional profile, the organizational and governance forms adopted and - especially - the accounting and internal and external control practices used in both ordinary and extraordinary administration, with reference to the years between the 19th and the 20th centuries - a period in the history of Italy that was crucial, due to the great economic, social and political transformation it brought about. This research has been supported by an extensive historical archive, which offers valid opportunities for deeper investigation in the future.

Akty nadzwyczajnego zarządzania w Kodeksie Prawa Kanonicznego z 1983 r.

This paper concerns the act of extraordinary administration provided in c. 1277 and 1281 §§ 1-2. The concept “act of extraordinary administration” is a technical term used for the purpose of identifying an act of administration which exceeds the limits and manners of ordinary administration. The author clarifies that the Conference of Bishops determines acts of extraordinary administration for the diocese (c. 1277) and that for public juridical persons subject to the diocesan bishop, determination is achieved by (a) the statutes, (b) if the statutes are silent on this point – the diocesan bishop following consultation with the diocesan financial council (c. 1281 § 2). If a particular act is not determined as an act of extraordinary administration in iure universali and in iure particulari it then remains an act ordinary administration. The legislator provides different administrative procedures to carry out acts of extraordinary administration for diocesan goods and for juridical persons subject to the diocesan bishop (e.g.parish goods). In the instance of goods belonging to the diocese, the diocesan bishop is required to obtain the consent of the finance council and the college of consultors (c.1277). The same procedure is to be applied for acts of extraordinary administration expressly provided for by the universal law or stated in the documents of foundation. In the instance of goods belonging to parish, the parish priest requires to obtain the faculty from the ordinary (c.1281 § 1).

Il ruolo degli organi di partecipazione previsti nel Codice di Diritto Canonico: gli atti di amministrazione straordinaria e l’alienazione di beni degli enti ecclesiastici

The administration of the goods of ecclesiastical organizations is a complex and very delicate task. The practise often shows us how rules of the Code of Canon Law is still partly unclear in order to have a truly effective execution for the protection of institutions assets.In 1983 the CIC on one hand seeks to protect the assets of the institution, giving rules in order to make sure the institution assets: the distinction between acts of extraordinary administration and acts of alienation tries to prevent the assets from suffering an unmotivated decrease.On the other hand, the new code introduces a number of organizations cooperating in the administration, not to leave the administrator without a helping hand. These organisms are first of all to protect those who are responsible for the administration of goods, not only to control their work. This control is accomplished primarily through the authorization canonical acts, intended for all those acts which go beyond the ordinary.However,theseaspectsstill need more completenessin regulation on one hand; on the other hand they need amore effectiveexecution in practice: these twoaspectsare closely linked.

Church Property—A Commentary on Canon Law Governing Temporal Goods in the United States and Canada (review)

Reviewed by: Church Property—A Commentary on Canon Law Governing Temporal Goods in the United States and Canada Phillip J. Brown S.S. Church Property—A Commentary on Canon Law Governing Temporal Goods in the United States and Canada by John A. Renken. Ottawa: Saint Paul University, 2009. Canonists note the desperate need for a comprehensive English commentary on Book V of the 1983 code adapted to conditions in the United States and Canada. Robert Kennedy's commentary in the New Commentary on the Code of Canon Law remains indispensible. Others are scattered about in journals and non-English publications, e.g., De Paolis in Italian. Quite often, however, they do not account for the conditions in the United States and Canada. Church Property—A Commentary on Canon Law Governing Temporal Goods in the United States and Canada is Renken's attempt to fill the void. Practitioners with sufficient expertise will find the text useful. Its didactic value is limited, but certain sections provide helpful outlines and course readings. The treatment of acquisition and administration is especially good. Renken explains carefully and clearly the supervisory power of the Holy [End Page 273] See and diocesan bishops. The text emphasizes the important role of the administrator of public juridic persons; likewise, it differentiates between the public juridic persons administered by the diocesan bishop and those not subject to his administration. The differences in meaning between moral and juridic persons in the 1917 and 1983 codes is a conceptual minefield for students and practitioners. More detail and clarity on these canonical institutions would have been helpful. Likewise, the USCCB complementary norm on canon 1277 confuses extraordinary administration and alienation, something the 1983 code described as clearly distinct. This problem should also be clarified, since it perplexes students and poses a nightmare for practitioners. Greater attention to such difficulties would have been helpful. The effects of trust obligations on property ownership differ, sometimes significantly, in canon and civil law. Greater depth and detail would have been helpful here. "Canonization" of the civil law of contracts opens endless traps for the unwary: Is the Statute of Frauds merely an evidentiary rule, allowing oral testimony at odds with a written land contract pursuant to canon 1547? Or does it concern formation of the contract; hence, no contract-no testimony? Canon 1295 provides the application of the norms of canons 1291-1294 to transactions placing ecclesiastical property at risk of alienation. Attempting to do this involves complexities that literally boggle the mind, e.g., how to apply the minimum and maximum amounts to such transactions. The text contains several typographical errors that require careful editing, since they could lead to confusion even regarding the substance of the book. The author seems partial to the past perfect and a tendency to repetition. That being said, Church Property contains many useful references and a helpful overview of canon law on temporal goods law for discerning readers, researchers and well-guided students. Canonists working in this area should have this text as a useful resource. [End Page 274] Phillip J. Brown S.S. Theological College Washington DC Copyright © 2012 The Catholic University of America Press

Droit Canonique Des Biens by Jean Pierre Schouppe

vance the scholarship in this area. It should prove to be a worthy companion to Pope Benedict XVI’s 2010 apostolic exhortation Verbum Domini addressing the topic undertaken by the XII GeneralAssembly of the Synod of Bishops. Sean O. Sheridan, T.O. R. The Catholic University of America School of Canon Law Washington, DC DROIT CANONIQUE DES BIENS, by Jean Pierre Schouppe. Montreal : Wilson and Lafleur, 2008 Droit canonique des biens is a detailed and scholarly presentation of canonical legislation on temporal goods in the Latin Church. It is a superb addition to the Gratianus Series of canonical works published by Wilson and Lafleur. The author is a professor in the Faculty of Canon Law of the Pontifical University of Santa Croce, Rome, where he has taught canon law on temporal goods since 1989. This work is obviously the fruit of years of research and reflection. It reflects similar writings by the author in Italian (Elementi di diritto patrimoniale canonico, 2nd ed., Milano: Giuffrè) and Spanish (Derecho Patrimonial Canónico. Pamplona : EUNSA, 2007). In this French edition, however, Schouppe gives special attention to particular canonical legislation on temporal goods in France, Belgium, and Canada (Quebec). Schouppe has chosen to present canonical legislation on temporal goods in a systematic fashion, rather than with a “canon-by-canon” commentary . This allows him to expound canonical legislation thematically. He presents this legislation in eight chapters. Chapter one considers the teaching of Vatican Council II and canonical legislation on temporal goods. It explains the conciliar influence on the revision of the 1917 code, particularly in the area of ecclesiastical goods. It identifies the structure of Book Five: The Temporal Goods of the Church of the 1983 code, and indicates that often the code applies the principle of subsidiarity and requires the application of civil legal structures to protect church property. Chapter two is an extensive treatment of the constitutive principles of canonical patrimonial law, largely a commentary on canons 1254–1258. book reviews 257 258 the jurist It addresses the innate and independent right of the Church to use temporal goods to achieve its proper purposes; the patrimonial capacity of public and private juridic persons; and the submission of the property of juridic persons to the power of governance of the Roman Pontiff. Chapter three concerns the various classifications of goods: ecclesiastical , “ecclesial,” private, sacred and precious. It also explains categories of goods found in Roman law, several of which are found in canon law: corporeal and incorporeal; moveable and immoveable; specific and generic; fungible and non-fungible; consumable and non-consumable; divisible and indivisible; simple and composite; extra commercium and in commercium; common and public. Chapter four identifies the juridic means whereby temporal goods are acquired. It explains the original means to acquire temporal goods (occupation and discovery; accession, union and specification; and the acquisition of fruits); contracts (and their various kinds); prescription; and the modification of juridic persons (union, division, and extinction). Chapter five addresses the financing of the Church. It first explains canonical legislation on voluntary offerings: pious wills, donations, inheritances mortis causa, offerings on the occasion of pastoral services, and pious foundations. It also explains legislation on appeals, special collections, administrative and judicial fees, and diocesan taxes (ordinary , extraordinary, and seminary). It further mentions “extraecclesial” sources of revenue, and benefices. Chapter six presents canonical legislation on the administration and alienation of ecclesiastical goods. After explaining the technical meaning of several canonical terms (i.e., stable patrimony, ordinary and extraordinary administration, alienation and acts similar to alienation), it indicates the functions of those who care for ecclesiastical goods: their administrators, their ordinaries, and the Roman Pontiff. It further identifies the role of the episcopal conferences and the dicasteries of theApostolic See in caring for these goods. Chapter seven presents the economic structure of the diocese and the parish. It presents legislation on diocesan temporal administration involving the ordinary, the diocesan finance council, the diocesan finance officer, the college of consultors, and the presbyteral council. It explains the diocesan institutes and the “common fund” identified in canon 1274 and resulting from the imperative of Vatican Council II. The chapter also explains the laws on the administration of parochial goods and the roles...

MANAGING LARGE CORPORATE CRISIS IN ITALY AN EMPIRICAL SURVEY ON EXTRAORDINARY ADMINISTRATION

Extraordinary Administration (amministrazione straordinaria), a sort of Italian Chapter 11, was introduced into Italian bankruptcy legislation in 1979, in order to manage large corporate crises. Differently from other Italian bankruptcy procedures, Extraordinary Administration is a sort of hybrid since it is under the jurisdiction of both the administrative authority (Ministry of Industry) as well as the Court. Currently there are two distinct phases. During the initial “observation” phase, the company is managed by an extraordinary administrator who has to verify if there is a real possibility for restructuring. According to. the restructuring program, prepared by the administrator, in the second phase the company, following a going concern logic, can either be sold to other investors or guided towards a stand alone recovery. As often happens with bankruptcy laws, there is ample theoretical framework and a very large number of studies have been carried out, focused on the legal aspects (for a general overview in English see Panzani, 2009) while economic issues have not been thoroughly investigated. Among the few we refer to Floreani,1997; Leogrande, 2003; Danovi, 2003; Falini 2008. In such a context, this paper aims at presenting some initial empirical evidence regarding how the procedure was put into effect between 1999 (the year of the reform) and 2008. Sources of information are documents available from the Ministry of Industry, which sets out the procedure and has to approve the restructuring plan and the Court Houses that are empowered to accept filing for Extraordinary Administration, in cases of insolvency. The data collected, regarding almost all cases ruled by Act 270/1999 refer to 65 groups composed by 313 companies. The paper investigates: i) the economic relevance of the phenomenon; ii) the characteristics and assets of the companies involved; iii) timeframes and management aspects; iv) safeguarding of the work force. The author is aware that because of the statistical limits the analysis can be considered an initial survey, but it is worth presenting as the basis for future studies and to create the conditions for proper discussion for an institution whose real weight is often merely imagined, rather than known.

Genehmigungspflichten in der Pfarrlichen Vermögensverwaltung

The main focus of this essay is on the possibility to simplify or reduce the procedures required for approval when administering the goods of a parish. Among the possibilities under discussion would be the introduction of fictitious approvals in particular cases. It is well known that in German dioceses at present there are many wide-ranging preconditions for administrative approval, in unsurpassable complexity. This leads to the question of where does the Universal Law mandate an obligation to obtain permission, and where the stipulations of particular law go beyond the universal law. Bearing in mind the particularities of property rights in Germany, many acceptable simplifications in the universal law can be identified, beginning with the differentiation - already prescribed by universal law - between extraordinary administration (pertaining to movable goods) and alienation of goods (pertaining to stable patrimony).