Independence of Regulatory Authorities: The Italian Case

Abstract:

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.