Abstract
This work examines various issues relating to the rule of procedural legality, developed by the administrative case law and recently taken up by constitutional judgments.
This rule was developed to solve the problem relating to the independent authorities’s power to issue norms and the principle of legality, given that the administrative judgments have long maintained that participation in the procedure to establish rules serves to compensate the substantial legality deficit.
In fact this rule can be included in those situations that acts as substitutes for substantive legality, according to constitutional case law: provided that the participation of private individuals is evaluated according to technical-scientific rules governing the activities which are interested in the regulatory interventions by independent authorities.
Translated title of the contribution | [Autom. eng. transl.] Procedural legality |
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Original language | Italian |
Pages (from-to) | 749-777 |
Number of pages | 29 |
Journal | DIRITTO AMMINISTRATIVO |
Volume | 2021 |
Publication status | Published - 2021 |
Keywords
- principio di legalità procedimento amministrativo autorità indipendenti