The elements of the Italian PA

Por Landing | January 28, 2012 No Comments

 

Even in the EU there is a similar trend to that Directive 25 June 1980, No 723 which defines the state authorities and other local authorities, while directives and 1992/n.50 1993/n.36, 37, 38, Procurement and supplies contracting authorities consider: State, local authorities, bodies governed by public law and associations, meaning any body established to meet the needs of general interest, not having an industrial or commercial legal personality, whose work is funded by the State, local , whose management is subject to the control of these or an administrative or supervisory board consists of members appointed for more than half from state, local and other public bodies. Then the public sector invests a notion broader than that of State and the rules of unification refer to three of the authority’s personnel, finance and procedures and not to the functions and organizations. For the former there is a trend principle of uniformity, for the second, non-compliance. It remains to be seen whether the reasons which justified the birth and development of administrative law are still present, if they are

reasons to be found in historical or ideological concepts. We know that Italy has been characterized like the other countries of continental Europe and, unlike England, by three elements: a special administrative law understood as a right versus private; a special judge for the city rapporti’tra and public administration, development of administrative law. If you want to find a unified concept of administrative law, you should take into account the fact that two souls live in it. The first move by the powers is that public confidence in the essential task is to control. According to this perspective, what could be called liberal, the administrative law must protect the citizen from the preponderance of power by focusing the emphasis on controls and administrative justice. On the other hand there is the awareness that the community needs the civil government which provides services and performance, so the center is in the legislation and administrative efficiency of the machine.

The suspicion of an authoritarian component inherent in administrative law and the cumbersome nature of its action, has increased the pressure in recent years. The theme of the sources, production of legal normative facts, while having its natural place in constitutional law, is of particular interest for some profiles in administrative law. There are some sources in the first place mainly aimed at regulating situations and reports of administrative law such as statutes of public bodies, regional laws, regulations. In the absence of a constitutional provision stating the sources in our positive order, these are derived from the coordination art. 1 of the Law introducing the Civil Code, with certain rules of cost. Eg. the art. 117 gives the regional legislative power, with the founding treaties of the European Community, etc.. The existence of a plurality and heterogeneity (bad luck) means that these sources should be coordinated to determine the degree and force assume that the sources in the relations between them.

 

 



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