Maria Agostina Cabiddu, Debora Caldirola

L'attività normativa delle autorità indipendenti

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The article analyses the normative powers of the independent authorities. By assessing whether the authorities effectively undertake the tasks assigned to them, the authors emphasise that they essentially traduce their role of neutral and objective interpreters of social needs, and that it is often the legislator that gives them the means with which to depart from this role. Examination of the laws institutive of the authorities reveals, in fact, a certain difficulty encountered by the legislator in striking a balance between the need for efficiency and professionalism, and the need to guarantee the democracy of the system; a difficulty which enables the authorities to exercise functions and competences which go beyond those that pertain to them. The authors therefore ask whether limits can be set on the authorities' legitimate exercise of their normative power, and whether there are limits on the space that legislators may grant to such power.

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