La giurisprudenza avverso le Decisioni dell’Autorità di Regolazione Energia Reti e Ambiente in attuazione della delibera 188/2012/E/Com

[Autom. eng. transl.] From the reading of the decisions of the administrative justice regarding the judicial function it is understood how the theme of the exercise of this function is closely linked to the constitutional principles, being able to identify in particular profiles that pertain to articles 24, 103, 111, 113, 125, Const.1 The question also crosses the relationship between domestic law and that of the European Union, given that the activity carried out follows the aspiration to create a common market within the Union2. The alternative methods of resolving disputes respond to an increasingly urgent need for a quick and certain resolution of disputes3. However, this tool raises the need to constantly question the relationship that exists with constitutional principles, so that the aforementioned requirements are not the basis of a failure to comply with the constitutional framework in terms of the protection of rights. The reflection on the judicial function, despite having been present in our legal system for several years, today proposes new considerations, also with reference to the renewed need to resort to different and more rapid forms of dispute resolution given, among other things, the difficulties, to overcome the slowness of the judicial proceedings.