To expect a legislature, in any given legal order, to simultaneously enhance both participation and simplicity in administrative procedures, may appear as expecting a circle to be squared. Yet, the circle must be squared, for reasons that globalization has strengthened, stressing both the need of accuracy and that of efficiency. This paper takes globalization as a starting point. Part II recalls the influence of economic and social integration, both within and outside Europe, on national administrative procedures. Globalization may not have created, but has certainly exacerbated, the problem of accommodating the tension between accuracy and efficiency in the regulation of administrative procedures, stressing the importance of both needs. In the subsequent parts, the paper addresses the domestic regulation of administrative procedures, focusing particularly on the Italian experience. The latter, however, as long as possible, is examined in a comparative perspective and with greater emphasis on general problems, rather than on the details of the legal framework. Part III refers to participation. Three main issues are taken into account: the scope and content of due process rights (III.1); the relationship between procedural (due process) and judicial (substantive) guarantees (III.2); and the relationship between political representation and administrative participation (III.3). Part IV explores simplification. It addresses three main techniques: regulation of the lenght of administrative proceedings (IV.1); streamlining of procedures by providing general solutions for all types - or at least for a wide category - of procedures (IV.2); simplification of specific types of procedures, on a case-by-case basis (IV.3).
The Crab of Chuan-tzu: the Regulation of Italian Administrative Procedures in a Global and Comparative Perspective / Battini, S. - (2011), pp. 81-105.
The Crab of Chuan-tzu: the Regulation of Italian Administrative Procedures in a Global and Comparative Perspective
BATTINI S
2011
Abstract
To expect a legislature, in any given legal order, to simultaneously enhance both participation and simplicity in administrative procedures, may appear as expecting a circle to be squared. Yet, the circle must be squared, for reasons that globalization has strengthened, stressing both the need of accuracy and that of efficiency. This paper takes globalization as a starting point. Part II recalls the influence of economic and social integration, both within and outside Europe, on national administrative procedures. Globalization may not have created, but has certainly exacerbated, the problem of accommodating the tension between accuracy and efficiency in the regulation of administrative procedures, stressing the importance of both needs. In the subsequent parts, the paper addresses the domestic regulation of administrative procedures, focusing particularly on the Italian experience. The latter, however, as long as possible, is examined in a comparative perspective and with greater emphasis on general problems, rather than on the details of the legal framework. Part III refers to participation. Three main issues are taken into account: the scope and content of due process rights (III.1); the relationship between procedural (due process) and judicial (substantive) guarantees (III.2); and the relationship between political representation and administrative participation (III.3). Part IV explores simplification. It addresses three main techniques: regulation of the lenght of administrative proceedings (IV.1); streamlining of procedures by providing general solutions for all types - or at least for a wide category - of procedures (IV.2); simplification of specific types of procedures, on a case-by-case basis (IV.3).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.