The paper aims to examine the mandatory content of the principle of typicality of public powers in the matter of administrative protection of public goods. In particular, the attitude of art. 823 of the Italian Civil Code to represent a legal basis for the exercise of enforcement powers, consistent with the principle of legality and typicality of public authorities. The paper gives a positive answer to this question, as a result of a reasoning based above on systematic arguments, as well as on an evolutionary and non-ideological interpretation of the principle of legality.
Renna, M., Principio di tipicità e tutela amministrativa dei beni pubblici, <<JUS>>, 2020; 2020 (2-3): 483-501. [doi:10.26350/004084_000092] [https://hdl.handle.net/10807/177157]
Principio di tipicità e tutela amministrativa dei beni pubblici
Renna, Mauro
2020
Abstract
The paper aims to examine the mandatory content of the principle of typicality of public powers in the matter of administrative protection of public goods. In particular, the attitude of art. 823 of the Italian Civil Code to represent a legal basis for the exercise of enforcement powers, consistent with the principle of legality and typicality of public authorities. The paper gives a positive answer to this question, as a result of a reasoning based above on systematic arguments, as well as on an evolutionary and non-ideological interpretation of the principle of legality.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.