La sentenza della Corte costituzionale n. 20 del 2019. Autorità indipendenti, soft law e giudizio di costituzionalità.

Abstract

The sentence of the Constitutional Court declaring the unconstitutionality of the art. 14 paragraph 1-bis of Legislative Decree no. 33 of 2014 in the part in which it provides for the publication of the data pursuant to art. 14 paragraph 1 letter. f) of the aforementioned legislative decree, for all holders of managerial positions assigned in any capacity, also affects its "implementation legislation", which is given by the guidelines that ANAC issued with resolution no. 241 of 8 March 2017. It is therefore noted on the one hand because it "gives binding force of fact" to this type of act. On the other hand, the Court in deciding takes into account the opinion of the ANAC and this highlights the importance of the moral suasion of the Independent Authorities, as a "para-normative fact" capable of guiding also the legislator's choices