Amministrazione per fini pubblici, organizzazione e procedure: un percorso.

It is certainly true that the freedom and the protection of the individual’s fundamental legal principles against public authority are ensured by the existence of an administrative procedure, equipped with appropriate legal instruments which guarantee the right to adversarial procedure 175 PA PERSONA E AMMINISTRAZIONE Ricerche Giuridiche sull’Amministrazione e l’Economia with the public administration. For this reason, and rightfully so, the science of administrative law has worked towards rebuilding the proceeding for many years, in the light of the guarantees offered by the procedure, thus catching up with the considerable delay on foreign states. It is sufficient to refer to the experiences of Austria, and above all England, where the lengthy case- law construction of the administrative proceeding on the model of the administrative procedure was first established at the end of the 18th Century. A cultural rather than scientific operation, which however has often neglected the strong impact of the administrative organization on the procedure; ultimately, when someone makes a claim towards the public administration, they come in contact with the administrative organization, and to be part (or rather, to be concerned) in a public procedure is actually to be exposed to the constraints that the organization can exert on the proceedings. In that sense, to think of administrative activity and administrative organization as two separate entities may be detrimental to the effective protection of the individual’s claims. The Constitutional legislator was so aware of such risk that he provided, in article 97, subparagraph 2, that the administration must be adequately organized, as to guarantee its proper functioning and impartiality. Along this line, the perennial and equivocal relationship between politics and administration (to which the legislator somehow attempted to provide a solution, notably with the distinction between political and administrative activity) is substantial, but more than that, the structure of the organization according to open or closed models becomes relevant. In this regard, in the near future, alongside the concern for procedural guarantees, the quantity and quality of the safeguards that the legal system can offer to the individual will be at stake.