Automaticity versus flexibility of regulatory effects also in the light of constitutional jurisprudence

Abstract

The work analyzes the figure of legislative automatisms and tries to contemplate the theoretical assumptions and systematic consequences of this institute, i.e. the interaction between case in point and actual case and the necessary (as well as consequent) integration between legal and constitutional level. The first part of the study has a markedly theoretical connotation and focuses on the analysis of the legal norm and on the integration between legal and constitutional level. The theoretical acquisitions of this first part are then put to the test of the Constitutional jurisprudence, in order to outline the characteristics of the figure of legislative automatisms.