Ordine giuridico del mercato tra libertà economica e controlli burocratici

The dissertation investigates the bureaucratic controls regulating the market access within the legal market order. In particular, it examines the bureaucratic controls and their absence as a consequence of the legal order market and its degrees of freedom. The first part covers the general theory of the legal market order as it is determined both by the Italian Constitution and the European Treaties. The second part defines the administrative controls regulations. These represent a balance between the free market and government regulations. The third part explores the bureaucratic controls on a national and European level. The fourth part concerns the European Court of justice and its control over the national market access restrictions. The fifth part inquiries the complete absence of bureaucratic controls (zero option) and the recent option of mapping of the bureaucratic controls as per “d.lgs. n. 222/2016”. In conclusion, the zero option is coherent with the european legal market order. Conversely, the simplification of the bureaucratic controls, required by the European framework, could remain a juridical myth unless it is administered through new political procedures.