Trust and Administrative Parternalism

Abstract

After analysing the concept of "trust" in legal theory and dogmatics, the paper examines Article 2 of the Italian Public Procurement Code of 2023 and shows how it fits into the groove of a broader paternalistic attitude towards the administration on the part of case law, part of doctrine and (today) the legislature. Such an attitude, in conclusion, is incompatible with the position of the administration within a legal system under the Rule of Law.

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