LA TUTELA GIURISDIZIONALE SULLE DECISIONI IN FUNZIONE GIUSTIZIALE DELLE AUTORITÀ INDIPENDENTI. IL CASO ARERA

Translated title of the contribution: [Autom. eng. transl.] THE JURISDICTIONAL PROTECTION OF JUSTICIAL DECISIONS OF THE INDEPENDENT AUTHORITIES. THE ARERA CASE

Andrea Patane'

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] Unlike other legal systems, such as the French one, the Italian legislator has never defined the administrative authorities as "independent", but has preferred indirect expressions, such as "it operates [no] in full autonomy and with inde- pendence of judgment and of evaluation »4. The issue of the exercise of the judicial function is closely linked to the constitutional principles attributable to Articles 24, 103, 111, 113, 125, Const. 5. The question also crosses the relationship between domestic law and that of the European Union, given that the activity carried out by some of the Authorities follows the aspiration to create common markets within the Union. 6. For this reason the ultimate purpose of regulation and subsequent judicial decisions serves - among other things - to make the various national disciplines more homogeneous, often conflicting with each other 7. Last but not least, the judicial instruments of the Authorities are also identified by European Union law as an instrument to ensure a more rapid resolution of disputes8. Alternative modalities respond
Translated title of the contribution[Autom. eng. transl.] THE JURISDICTIONAL PROTECTION OF JUSTICIAL DECISIONS OF THE INDEPENDENT AUTHORITIES. THE ARERA CASE
Original languageItalian
Title of host publicationSpecialità delle giurisdizioni ed effettività delle tutele
Pages309-325
Number of pages17
Publication statusPublished - 2021

Keywords

  • ARERA

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