Linee guida e sistema delle fonti: un’ipotesi ricostruttiva

The emergency context due to Covid-19 pandemic has produced remarkable effects on the sources of Italian administrative law, increasing inter alia the role of the so-called tertiary sources, especially regarding guidelines. Moving from these considerations, the paper briefly analyses the issue concer- ning the position of guidelines within the framework of sources, by taking into account the aspects of normativity, validity, and binding nature, and by examining also the legal regime of guidelines from a judicial review perspective. The paper ends with some suggestions relating to the need to re- consider the theory of sources of law, taking into greater consideration the plurality of subsystems in which the legal system is divided today due to the complex regulatory needs emerging from reality.