Thesis title: Il ruolo consultivo del Consiglio di Stato nel sistema delle fonti: garanzia tecnico-giuridica e qualità normativa
This research investigates the role of the Council of State as a consultative body within the Italian legal system, focusing in particular on its contribution to the quality of legislation and the safeguarding of the legal and technical coherence among sources of law. Through a historical-institutional analysis, the thesis reconstructs the evolution of the consultative function, highlighting how, since its inception, the Council of State has progressively assumed a decisive influence both in technical terms (assessing legitimacy, consistency, and clarity of legislation) and substantive terms (balancing executive power with democratic safeguards).
The study also examines the shift from a traditional task of mediating between public authority and the protection of citizens’ rights to a broader role, in which legal advice intersects with demands for administrative efficiency, simplification, and transparency. Particular emphasis is placed on more recent consultative practices, especially in legislative reform processes and in the implementation of the National Recovery and Resilience Plan (NRRP), where the consultative function demonstrates its ability to adapt to contemporary challenges.
Finally, the thesis shows how the Council of State’s “dual nature” — both consultative and judicial — reinforces its authority and neutrality, ensuring a preventive check on the legality and proper functioning of public action. Thus, the work offers an interdisciplinary and critical perspective on the role of this auxiliary body, which remains central to the stability of Italy’s constitutional system and to the overall quality of legislation.