On decisory self-protection and the inexhaustibility of administrative power in the context of structural reforms of the pandemic emergency

Abstract

Along several legislative interventions, following the Covid-19 pandemic, simplification Decrees (i.e. Decreto Semplificazioni and Semplificazioni bis) have made even permanent changes to the law on administrative procedure, law no. 241/1990, intervening in the public-private relationship, constantly evolving. Observing the articles of the law concerned by the reforms, attention is focused on the persistent decisory self-protection recognized to the public administration even in the emergency, proof of the inexhaustibility of administrative power. The need to achieve the public interest, even in the contemporary crisis of state sovereignty, is inevitably based on the principle of legality, which becomes more properly in “legality-justice”.