Freedom of private economic initiative and administrative judge

Abstract

The mixed economic model designed by the Italian Constitution was born despite a distrust of the market that was somewhat shared by the main political forces present in the Constituent Assembly. The principle of competition, which informs the European Union legal system as a cardinal principle of the market economy, has found full implementation in the Italian legal system as part of the progressive process of EU integration. This has posed a number of problems in applying that principle to the many cases inevitably linked to the interpretation of Article 41 of the Constitution, many of which fall under the jurisdiction of the administrative courts.