This chapter describes the juridification process and its implication for Italian administrative law. First, it briefly analyses some tools—many of them permanent—aimed at relieving and simplifying the Italian legal environment. It then goes on to examine the paths that juridification has followed in some areas: bioethics, sport, food safety and environment. In addition, it illustrates the role of the Courts, the legislature, and the administration, and the tools each of them have used (binding norms, general principles and soft law) to explain how some interests have received legal protection. The chapter furthermore deals with juridification in connection to the EU integration process. In particular, it analyses, on the one hand, the influence that supranational law and other institutional measures (e.g. country-specific recommendations) exert on some areas of the Italian administrative legislation and, on the other hand, the effects that the multilevel dimension of jurisdictionalisation has on one specific aspect of the Italian system of administrative justice.
The Juridification Process in Italy and the Influence of EU law / De Lucia, Luca; Marchetti, Barbara. - STAMPA. - (2020), pp. 147-167. [10.1007/978-3-030-50780-0_9]
The Juridification Process in Italy and the Influence of EU law
Marchetti, BarbaraUltimo
2020-01-01
Abstract
This chapter describes the juridification process and its implication for Italian administrative law. First, it briefly analyses some tools—many of them permanent—aimed at relieving and simplifying the Italian legal environment. It then goes on to examine the paths that juridification has followed in some areas: bioethics, sport, food safety and environment. In addition, it illustrates the role of the Courts, the legislature, and the administration, and the tools each of them have used (binding norms, general principles and soft law) to explain how some interests have received legal protection. The chapter furthermore deals with juridification in connection to the EU integration process. In particular, it analyses, on the one hand, the influence that supranational law and other institutional measures (e.g. country-specific recommendations) exert on some areas of the Italian administrative legislation and, on the other hand, the effects that the multilevel dimension of jurisdictionalisation has on one specific aspect of the Italian system of administrative justice.File | Dimensione | Formato | |
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