After the public administration on the model of the Kingdom of Sardinia for decades had been headed by a new unitary state with centralized management powers (which in fact also conditioned the exercise of the management powers of the few other existing territorial bodies),[1] the Giolitti II Cabinet - with the start of the nationalization of the Italian railways - had adopted the model of the autonomous company, voted to introduce elements of economy in the traditional approach of the public function of French ancestry.
[2] The rejection of this model by fascism[3] produced a phenomenon that has remained essentially Italian: "the choice of the alternative model of the public body and the consequent" flight from the administration "that derives from it represent the solution to the contradiction between the demands for a more "efficient" and "industrial" state and the requirements of legality and organizational uniformity: the autonomous company, placed under the direct control of the minister, constitutes only a partial response to this order of problems; entity with its own legal personality already represents a more drastic step towards the establishment of that "parallel bureaucracy" that fascism will increasingly place alongside traditional administration,[4] sanctioning the birth of the autarchic body, and subsequently of the public body cheap.
93 and Legislative Decree February 3, 1993, n. 29)[5] - which introduced the possibility for employees to join trade unions - reforming the entire activity on the basis of various criteria as required by the Bassanini laws.
Purposes, rights and obligations, powers, limits and instruments of the Italian public administration are defined by the primary rules and by Community law.
The Regional Administrative Court can annul an act for violation of the principle of legality, where there is no specific rule that attributes the power exercised through it to the public authority.
It is a principle inherent in the legal system and made explicit by community jurisprudence, for example in the EC Treaty (art.
The 2001 reform redistributed legislative power in Italy between the state and the regions and introduced the principle of subsidiarity in the administration.
[11] Among the main tools for the pursuit of constitutional purposes there are also the administrative and accounting jurisdiction: the affirmation of the latter also towards companies deriving from the transformation of public economic entities into joint stock companies (as long as the participation remains majority of the State or other public authorities to the share capital) was sanctioned by the Constitutional Court with the sentence of 28 December 1993, n. 466, delivered following a conflict of powers raised by the Court of Auditors.