The supranational-integrated dimension of the contemporary European constitutionalism determines inevitable repercussions on the relationship that involves, in a traditionally closed circuit, the concepts of sovereignty, Constitution, system of legal sources. Even the constitutional principles that govern the Public Administration take part of the circular dynamics of integration between the legal systems which form the European legal space, with two consequences: on the one hand, they can not be fully understood nowadays with an approach that considers the constitutional matter solely from the perspective of the national State; on the other, they themselves become the vehicle for the transition and the transposition of national values ​​and principles in the context of a supranational legal system, which is undergoing a process of consolidation. The analysis carried out shows that the constitutional status of Public Administration - that emerges in its salient features as a set of common principles to different experiences and is enhanced at the same time of nuances in relation to each national model - is the result of the gradual convergence between systems, allowed by the opening of the Constitution and from the latter facilitated. The dynamics that led to this result, as the analysis shows, are the product of the interaction between different “formants”, moving now in a shared cultural space, whose systematization is a task (especially) for comparative law scholars. This implies, first of all, the adoption of a methodological approach able to underline – as it happened during the nineteenth century in respect to the rise of administrative law as a special law - the different “specialty” of the administrative law and, more generally, of the European integrated public law today.

Lo statuto costituzionale della Pubblica Amministrazione. Contributo allo studio dei fenomeni di convergenza tra ordinamenti nello spazio giuridico europeo

D'ORLANDO, Elena
2013

Abstract

The supranational-integrated dimension of the contemporary European constitutionalism determines inevitable repercussions on the relationship that involves, in a traditionally closed circuit, the concepts of sovereignty, Constitution, system of legal sources. Even the constitutional principles that govern the Public Administration take part of the circular dynamics of integration between the legal systems which form the European legal space, with two consequences: on the one hand, they can not be fully understood nowadays with an approach that considers the constitutional matter solely from the perspective of the national State; on the other, they themselves become the vehicle for the transition and the transposition of national values ​​and principles in the context of a supranational legal system, which is undergoing a process of consolidation. The analysis carried out shows that the constitutional status of Public Administration - that emerges in its salient features as a set of common principles to different experiences and is enhanced at the same time of nuances in relation to each national model - is the result of the gradual convergence between systems, allowed by the opening of the Constitution and from the latter facilitated. The dynamics that led to this result, as the analysis shows, are the product of the interaction between different “formants”, moving now in a shared cultural space, whose systematization is a task (especially) for comparative law scholars. This implies, first of all, the adoption of a methodological approach able to underline – as it happened during the nineteenth century in respect to the rise of administrative law as a special law - the different “specialty” of the administrative law and, more generally, of the European integrated public law today.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11390/876274
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