Phd in PUBLIC LAW

Thesis title: Trasformazioni dell'amministrazione regolatrice

The study focuses on the analysis of the controversial issue of the regulatory administration and, in particular, the transformations of this model in the light of the latest trends in the legal system, which have shown the emergence and progressive consolidation of a model of administration in apparent contradiction with the institutional structure of public authorities. The author, after having analysed from a diachronic perspective and from a historical and theoretical point of view the issues related to the evolution of the normative power of public administration in the Italian constitutional system, and after having highlighted, In this perspective, both the expansions and at the same time the limitations to the progressive recognition of the constitutional status of public administration, focus on the link between the recognition path, also formal, the power of regulation of public administration and the emergence and subsequent consolidation of the model of regulation in the problematic relationship with the principle of legality. In view of the growing need for systematization due to the increasing prevalence of atypical forms of regulation, such as administrative circulars, guidelines and soft law acts, the author finally focuses on the most recent and further transformations of the model, by referring to the phenomenology of certain regulatory acts adopted by the administration and to attempts made in administrative and constitutional jurisprudence to frame the legal regime of those acts, in an attempt to rationalize from a functional perspective.