Paolo Duret

ABSTRACT: The Author tries to shape the methodological framework and the main features of Giorgio Pastori’s doctrine as refl ected in his analysis of a peculiar legal institute, the Civic Defender, and its development in the background of a changing pattern of relationships between Public Administration and citizens. SOMMARIO: 1. Microcosmo, metodo, merito – 2. Testimoniare una speranza – 3. Verso un diritto amministrativo naturale – 4. Corrispondenze biunivoche – 5. Simbolo e progettazione – 6. Parolechiave – 7. Profezie.

ABSTRACT: The author analyses how the administrative judge tries to mould the principle of subsidiarity in two recent decisions and discusses some arguments relating to the meaning and scope of the new provision set out in the article 118 of the Constitution and some questions arising from its enforcement into administrative action. KEY WORDS: principle of subsidiarity, utopia, public/private divide, public interest. SOMMARIO: 1. Glissez, mortels, n’appuyez pas – 2. Consiglio di Stato, Sez. V, sent. 6 ottobre 2009, n. 6094: ovvero la sussidiarietà ed il letto di Procuste – 3. Consiglio di Stato, Sez. V, sent. 12 giugno 2009, n. 3711: ovvero la sussidiarietà ed il Golem.

The author discusses some topics arising from a book by Lucio Franzese which tackles the relationship between economic order and legal system according to a subsidiarity approach, leading to comply with the nature of thing, in opposition to a «legal geometry», and to insure a true communication between persons.

An approach to family based on the principle of subsidiarity, according to the constitutional framework, is focused on the empowerment of family’s capability to develop its own functions. The author verifies examples and implications of such an approach throughout recent regional Acts, especially in the fields of family policies and of social services, and finally analyzes some arising questions.