Autorità amministrative indipendenti e ruolo della motivazione come fondamento dei poteri ad esse conferiti

Abstract

In the general discipline of the independent administrative authorities there is a significant exception to the rule contained in art. 3 of the law n. 241 of 1990 on the motivation of administrative measures. In particular, the law of 28 December 2005, n. 262, which expressly contemplated the obligation of motivation for the provisions of the Bank of Italy, Consob, Isvap and Covip, of a regulatory nature or of a general content and characterized this obligation by indicating what must be specified, namely the regulatory choices and supervision of the sector or the matter on which they concern.

It thus occurs that such a legal discipline, therefore, for this area, a significant difference with respect to law no. 241 of 1990, was the occasion for the development of a jurisprudence that has helped to characterize the independent authorities, through a work of drafting rules related to the need to justify the powers, not just wide, with which they are endowed.