Reflections on soft law and independent authorities also in the perspective of some recent judicial pronunciations

Abstract

Starting from the identification of the origins of soft law, the essay first tries to find a valid placement in the system of sources, and then devotes itself in particular to the soft law of independent Authorities. They present themselves as new regulators of market segments deliberately left free by the Legislator, capable of putting in place normative and paranormative acts which, although not provided with formal binding, are however "effective", because the regulated spontaneously adapt to them having participated in the training process.

These new acts, as well as having an impact with multiple principles of contemporary constitutionalism, pose doubts as to the protection to be ensured to all those who may have suffered any damage to their rights by them.

There are only two resolving tools against these problems: the activity of the legislator, who more specifically dictates the functions of the Independent Authorities and the recognition of the full union of the administrative judge, who, however, finds it difficult to clash with the technical discretion of the regulators.

To this is added a constitutional jurisprudence now quite vague as to the identification of the nature of the Guarantors, but which seems to take due account of the acts issued by them, at least recognizing them an interpretive function.