Ipotesi sulla interlegalità amministrativa
Author(s)
Date Issued
2021
Type
bookPart
End Page
333
Abstract
The article discusses the possible relevance of inter-legality in the process of implementation of public policies. It opens by observing that inter-legality emerges, both as a situation and as a prescriptive criterion, not only in the context of judicial disputes, where it finds a highly fertile ground, but also in the policy cycle. It then focusses on the implementing phase of the policy cycle, with a view to examining the manifestations of inter-legality as a situation and the ways in which it may operate as a prescriptive criterion. It is argued that inter-legal situations are, in the implementing phase of the regulatory process, diverse and changing, in constant movement between the three macro-poles of joint responsibility, co-ordination of responsibilities and conflict of responsibilities. It is also suggested, as a matter of hypothesis, that inter-legality might operate as a meta-criterion allowing administrations to recognize and manage the complexity of inter-legality situations.