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University of Palermo · Department of Economics, Business and Statistics ISSN 1724-7322 · Open Access · ANVUR Class A, Area 12
Rivista di Diritto dell’Economia,
dei Trasporti e dell’Ambiente
Vol. XXIV – 2026
ISSN 1724-7322
Italiano
Rivista di Diritto dell’Economia, dei Trasporti e dell’Ambiente

Empirical Research and Ethical Approval

Article 5 of the Code of Ethics provides that, where a contribution reports research involving human participants, personal data, or other activities requiring ethical approval, authors must ensure that the necessary authorisations have been obtained and that the research has been conducted in accordance with applicable ethical and legal standards. This guidance explains when the rule applies and what authors are expected to do.

When the rule applies

The rule does not concern doctrinal contributions or notes on judgments that have already been published, which make up the great majority of the works published by the Journal. It applies to contributions based on data collected or processed directly by the author, in particular in the following cases.

  1. Interviews, questionnaires, focus groups. Research conducted, for example, among judges, lawyers, public officials, businesses or transport operators. The informed consent of participants is required and, where the author’s institution so provides, the opinion of the competent ethics committee.
  2. Unpublished judicial and administrative documents. Unreported judgments, case files, decisions, tender documents or other documents containing personal data. Processing must comply with Regulation (EU) 2016/679 and the Italian Personal Data Protection Code, with the safeguards provided for scientific research.
  3. Health data and vulnerable persons. Research using clinical cases, health-related data or testimonies of minors, migrants or other vulnerable persons. In these cases the approval of an ethics committee is, as a rule, necessary.
  4. Data collected from platforms or databases. Automated extraction (web scraping) or analysis of large collections of decisions, profiles or content that make it possible to identify individuals. An appropriate legal basis and data minimisation measures, such as pseudonymisation, are required.
  5. Experimental research. Behavioural experiments or law-and-economics studies involving participants.

What to declare when submitting

In the cases listed above, the author informs the Editorial Board at the time of submission and makes a declaration in the asterisked footnote, along the following lines:

E.g.:

* The empirical research on which this contribution is based was conducted with the informed consent of the participants, following the favourable opinion of the Ethics Committee of [institution] of [date].

The unpublished decisions examined are cited in anonymised form.

The Editorial Board may ask the author for documentation or clarification before publication.

Publication of judicial decisions

Authors who reproduce or comment on judicial decisions, even if already published, must comply with Article 52 of the Italian Personal Data Protection Code:

  • personal details and other identifying data must be omitted where the decision bears the annotation ordered at the request of the data subject or by the court of its own motion;
  • in any case, data that make it possible to identify, even indirectly, minors, as well as the parties to proceedings concerning family relations and personal status, must be omitted; the prohibition set out in Article 734-bis of the Italian Criminal Code concerning victims of sexual violence remains unaffected.

Judgments annotated or cited in the Journal must be reported in compliance with these rules; in case of doubt, anonymisation is preferable.

Legal references

  • Regulation (EU) 2016/679, in particular Article 89 (safeguards for processing for scientific research purposes).
  • Legislative Decree no. 196 of 30 June 2003, Personal Data Protection Code, in particular Article 52 and Articles 104 ff.
  • Code of conduct for processing for statistical or scientific research purposes (Annex A.5 to the Code).

This English translation is provided for information purposes only. In the event of any discrepancy, the Italian version shall prevail.