Il soft law internazionale nel Diritto finanziario

Abstract

The aim of this article is to offer a general overview about how the Globalization is changing the evolution of the National Public Financial Systems. In fact, Financial Law – either for expenditures or for revenues – is not more a domestic topic. According with the globalization of the economic and social relationships, the classical expending and taxing powers, nowadays, are not possible to be exercised under the sole sovereignty of National Parliaments and Governments. A lot of financial rules, finally adopted by the States, arrive to their legal systems through soft law instruments produced on international, public and even private, institutions. The analysis of this phenomenon is here tackled with three practical examples: the so-called cooperative compliance approach to the tax relationships between States and taxpayers, particularly multinational enterprises (sec. 2); the Transfer Pricing regulations (sec. 3); and the Public Debt Measurement in European Union (sec. 4).