The article discusses issues concerning the “right size” for regulation as part of the problem of quality of regulation. Starting from an energy & gas law case (on the occasion of a judgment by the Italian Council of the State) the article analyses the problem from a regulatory point of view, in particular, regarding the question of “if and how” regulatory procedural constraints modify judicial review. In fact, the regu- latory alternatives “have entered” in regulatory procedures (through consultations and impact regulatory analysis) and now they compel the Italian Regulatory Authority for Electricity and Gas to justify its decisions, to structure them in order to allow ju- dicial oversight and – finally – to seek a proportionate degree of regulation.
DE BENEDETTO, M. (2011). La “giusta misura” della regolazione. MUNUS, 2, 551-565.
La “giusta misura” della regolazione
DE BENEDETTO, Maria
2011-01-01
Abstract
The article discusses issues concerning the “right size” for regulation as part of the problem of quality of regulation. Starting from an energy & gas law case (on the occasion of a judgment by the Italian Council of the State) the article analyses the problem from a regulatory point of view, in particular, regarding the question of “if and how” regulatory procedural constraints modify judicial review. In fact, the regu- latory alternatives “have entered” in regulatory procedures (through consultations and impact regulatory analysis) and now they compel the Italian Regulatory Authority for Electricity and Gas to justify its decisions, to structure them in order to allow ju- dicial oversight and – finally – to seek a proportionate degree of regulation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
