IMPERATIVITÀ, CONSENSO E GARANZIE NELL'ATTIVITÀ DI REGOLAZIONE

This essay aims to show how Domenico Sorace treats some classical themes of the administrative law: authoritativeness, consent, guarantees. This is the starting point to carry out a critical analysis on the evolution or on the crisis of these concepts, also in their mutual combination. In particular, it is highlighted how the notion of authority in the regulatory administration has the tendency to decline, but not to disappear completely, acquiring new forms pushing the interpreter to ask newquestions. Furthermore, if we consider Sorace’s writings, it is quite evident to see the persistent dogmatic foundation of the legitimate interest, whose framework is very actual, despite the need to give full independence to the administrative judge, both at the institutional level, and removing any temptation of safeguard from an objective point of view.