Silvia Antonella Frego

The subject of the analysis is the contribution of Giorgio Pastori to the topic of due process. The author points out that the Master, from the beginning of his scientific production, demonstrated an uncommon farsightedness: supporting the constitutional foundation of the principle, as later acknowledged by the Constitutional Court; opting for broad and flexible concept of due process, so as to bring together all the functional institutions, in order to achieve good administration. These institutions have found, to a large extent, progressive legislative implementation as well as wide doctrinal sharing and jurisprudential recognition.

The purpose of this paper is to analyse the independence of regulatory authorities (RAs) under Italian law. In this paper, reflecting a widespread opinion in Italy, we will address the idea of the inadequacy on the part of the Italian legal framework in ensuring the independence of RAs. The structure of the paper is as follows. After a brief presentation of Italian RAs, independence from politics and independence from stakeholders are both separately considered in light of Italian law. Before concluding, we also offer some insights concerning judicial review of RAs' acts. A part of the debate regards how to ensure and to improve their independence.