The (substantial) impact of the action of the so-called independent authorities on the economic dynamics of the so-called regulated markets and its cultural reasons

Abstract

The paper, found that independent administrations have a capacity to influence private economic initiatives higher than that imaginable based on the examination of positive law, indicates the reasons for this. In proposing an overall consideration, it identifies and examines four factors of enhancement of their power of influence such as: the way in which their independence is generally perceived; the submissive / passive attitude of the majority of jurists; the conservative propensity of the administrative judge who recognizes them operational powers not attributed by the law; the deference of the ordinary judge and the limitation of his checks on the acts of independent authorities.