The Fall from Fundamentalism in Italian Administrative Law
THE PUBLIC-PRIVATE LAW DIVIDE: POTENTIAL FOR TRANSFORMATION?, M. Ruffert, ed., pp. 99-121, London, BIICL, 2009
Posted: 17 Dec 2009
Date Written: April 30, 2009
The paper traces the evolution of administrative law thinking from the close of the XIX to present times. Earlier scholars shared the idea that public law generally and administrative law specifically were grounded upon principles utterly inconsistent with those referred to in private law. To contribute to and to buttress the strength of the State was the aim of administrative law. This paper endeavours to point out the changes having occurred in Italian administrative law over the last twenty years concerning:
The Sources of administrative law: autonomy vs derogation from private (common) law;
The Actors in administrative law: public law regime vs private entities enjoying special rights or burdened with public law obligations; public servants vs private (common) law employees;
The Instruments for administrative law: unilateral decisions vs agreements and contracts.
These days, we are in a flux where private law and public law at times compete other times cooperate in the difficult research of a public administration which is both efficient and accountable.
Keywords: administrative law, Italy
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