Contenuto principale dell'articolo
The paper focuses on the recent jurisprudence on the violation of the obligations of diligence, prudence, expertise and social security in the context of the planning activity required of electricity market operators for the purpose of exercising the dispatching service by Terna S.p.A. Through the critical analysis of the judgments, respectively, by the first instance judge and by the appeal judge in the context of the multiple disputes introduced by the recipients of the prescriptive measures adopted by ARERA, this work intends to reflect on the centrality of implications of his different approaches in terms of the effectiveness of subjective legal situations. The interest in this topic derives from the observation of the fact that the extent and intensity of the judicial review, also in the light of the investigative powers attributed to the administrative judge, represents an important test bed for testing - with reference to the specificities of the regulatory function and to the peculiar constitutional position of the independent Authorities - the structure of the relationship between reason and power and, therefore, its correspondence to the internal and supranational constitutional provisions.
Questo lavoro è fornito con la licenza Creative Commons Attribuzione - Non commerciale 4.0 Internazionale.