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Public administration for development: substitute powers, guarantee and efficiency needs

Project
Subsidiary power has progressively acquired the features of "ordinary" administrative function in our legal system, so as to be identified as a part of the administrative procedure. Regardless of whether it is intended an appeal to a commissioner, the administrative substitution is less linked to the subsistence of a condition of urgency, both strictly speaking and of particular importance of the protected interest, and it does reconnect rather to the need of acting in a timely manner. Therefore, the legislative multiplication of the hypotheses of commissioning is shown in the various cases of "ordinary" administration. This condition entails the conviction that the public interests are pursued more efficiently by using the available resources of the Administration more properly. Starting from this point of view, the research proposal aims to verify if the substitute administration can be considered as a real way of "migration" of both actions and competences, by paying more attention to specific sectors (such as public works, health, environmental emergencies and local authorities), and if it is designed to set up a general institution, which involves the inevitable alteration of the allocation of functions and the organizational structure. At the same time, an attempt will be made to examine the effective operation of this substitution mechanism, by also referring to its articulate species in the most relevant commissioning figures, both in terms of efficiency and strengthening of administrative action as a whole. In the end, this proposal fits fully with the detailed perspectives recently outlined by the National Recovery and Resilience Plan (PNRR), that establish a detailed and applicable substitution mechanism, in the face of the declared prevalence of the cooperative model.
  • Overview
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Overview

Contributor (3)

MANGANARO Francesco   Scientific Manager  
CARACCIOLO LA GROTTERIA Vincenza   Participant  
TROPEA Giuseppe   Participant  

Representatives

CICCONE Carmine   Administrative  

Leading department

Dipartimento di Giurisprudenza, Economia e Scienze Umane   Principale  

Term type

PRIN 2022

Financier

Ministero dell'Università e della Ricerca
Funding Organization

Leader

Seconda Università degli Studi di NAPOLI

Partner (4)

Università degli Studi di CATANZARO
Università degli Studi di LECCE
Università degli Studi di PALERMO
Università degli Studi di REGGIO CALABRIA

Research

Concepts (2)


SH2_4 - Legal studies, comparative law, law and economics - (2024)

Settore GIUR-06/A - Diritto amministrativo e pubblico

Free text keywords (5)

  • ascendant
  • decrescent
1. public administrations
2. administrative organization
3. administrative procedure
4. administrative functions
5. regionale and local autonomy
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