Liberalizzazioni : una lezione giuridica

This paper aims to study liberalization from a strict judicial perspective, warning legislator of bonds and ties which deregulation must respect. The elected point of view will be the central relation in economy law between free enterprise - economic liberty, on one side, and bonds related to social utilities, on the other. Article 41 of Italian Constitution as well as article 3 paragraph 3 of European Union Treaty clearly refer to a social market economy. The analysis will examine the main liberalization experiences in net services and local public utilities, where liberalization means disappearance of administrative power and control. The deficit of effectiveness and difficulty of legislative power in achieving liberalization goals are the main common denominator in all the liberalization experiences examined. The conclusion is the axiom that liberalization is helpful for the economic growth must be reconsidered and assessed together with the conditions of a social affordable liberalization. Liberalization cannot advance without positively overcoming the social utility benefit