Misunderstandings regarding independent administrative authorities. All chickens come home to roost

Abstract

The first part of this essay briefly analyses the phenomenon of the independent administrative authorities and the innovative judicial-regulatory model that informs them.
The second part is the one that is more relevant to the title. This part not only discusses the misunderstandings fed by the national doctrine, but also with regard to indipendent administrative authorities the restoration of the more traditional traits of the administrative law and their presentation as dogma, undeniable truths. It is clear the objective of “normalizing” the authorities by undermining their innovative profile. Object of critical examination is the judgment n. 13 of the constitutional Court of 2019, which represents a sort of de profundis for the indipendent administrative authorities. There were, however, the premises for a different story, which is still indicated by positive law as well. These concepts, presented as undeniable truths and indisputable dogma, form obvious misunderstandings if we adopt a correct evolutionary perspective of the administrative function and its ways of operating.