Daria de Pretis
Italian Administrative Law Under The Influence Of European Law
Administrative law in Italy has changed markedly over the last two decades, a phenomenon which is attributable to various causes, one of which is the impact of European law (this should be taken as referring to both EU and ECHR law). The article offers an overview of the state of the Italian administrative system and its relationship to developments in European law, in order to explain them to a non-Italian reader. The first step was to describe the principal features of administrative organization, activity (which chiefly means administrative procedure) and justice in Italy. The second was to highlight consonances and divergences between Italian and European administrative law and to measure the influence of European regulation on the Italian system. In terms of principles, differences do not appear very profound. If there are divergences, they do not involve compatibility between principles linked to the two systems, but rather the different value or degree of effectiveness given to the same, or basically similar, principles. Nevertheless the influence of European regulation on Italian administrative law would seem to be very important, especially in the fields of the organization and protection of citizens vis-à-vis the public administration. The dismantling of the system of public intervention in the economy was a direct consequence of the new European economic order, as well as the creation of a certain number of independent authorities. Neither the impact on the Italian justice system, nor the fundamental nature of the protection provided have affected its structure, but severalaspects have, concerning the detailed implementation of EU and ECHR principles, such as certain procedural mechanisms and some substantive types of protection offered by the courts.