This article concerns the current relation between rule of law and public administration, especially its power of organizing bureaucratic departments. Traditionally, the debate was if the organisation of public departments fell under either Parliament or Government competence; however, this power was in general believed subjected to the rule of law. This paper shows how since 1988 the privatisation of power of organizing and its equalization to private employer’s power have changed the perspective on this matter. The analysis explains how the rule of law deals with this power.
Cerbo, P., Il potere di organizzazione della pubblica amministrazione fra legalità e autonomia, in Aldo Trav, A. T. (ed.), Il principio di legalità nel diritto amministrativo che cambia, Giuffrè Editore, Milano 2008: 507- 540 [http://hdl.handle.net/10807/14577]
Il potere di organizzazione della pubblica amministrazione fra legalità e autonomia
Cerbo, Pasquale
2008
Abstract
This article concerns the current relation between rule of law and public administration, especially its power of organizing bureaucratic departments. Traditionally, the debate was if the organisation of public departments fell under either Parliament or Government competence; however, this power was in general believed subjected to the rule of law. This paper shows how since 1988 the privatisation of power of organizing and its equalization to private employer’s power have changed the perspective on this matter. The analysis explains how the rule of law deals with this power.
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