PRINCIPIO DI LEGALITÀ E MERCATO AL COSPETTO DEI POTERI IMPLICITI

This research aims at analyzing the influence of the implied powers theory on the Italian public law system. In particular, the Author investigates whether and to what extent this theory - that was developed for the first time in the US in the context of the legislative power of the Union - is applicable to other public entities too and, in particular, to administrative entities. This research will be carried out with a specific focus on the limits that the administrative action encounters in the light of the new features acquired by one of the most important principles in administrative law, that is the principle of legality. Specifically, the Author explores the relation between the implied powers theory and the principle of legality, with specific reference to the powers granted to independent administrative authorities and to the legal context in which they operate. In conclusion, the research focuses on some of the most recent and relevant cases where some independent authorities did (or allegedly did) specific use of their implied powers, analyzing case law on the point.