Administrative Implementation of the Law: Legality and/or Practicability?

Abstract

This paper deals with the phenomenon of the possible distortion by the Administration of the application process, according to its general logic, of the Parliamentary Law, either by the interposition of circulars, instructions or service orders, or by the automation, with the use of an algorithm, of the application process. After identifying the scope of the possible distortion and its justification in the practicability of administrative enforcement, the possible contradiction of this with the basic requirements of the Rule of Law is analysed, ruling out any insurmountable obstacles to its effective play and its relevance as a principle capable of modulating, although in no way enervating or annulling, the principle of legality of administrative enforcement, nor, therefore, the binding to the Law.