Il principio di continuità nel diritto amministrativo

The present research is mainly aimed to give an analysis of the continuity principle in administrative law, trying to highlight both its fundamental features, which are common to any general principle, and its developments emerged from recent literature and jurisprudence. Starting from the assumption that most commentators have focused attention to the continuity principle in administrative law with particular reference to organization, the aim of this research has been the effort to extend the analysis in order to recognize it as an expression of other key principles of administrative function such as efficiency, good conduct, good results. The importance of continuity lies in its unlimited pliability, but this work mainly focuses on two of its possible interpretations, closely related one to the other and mutually influenced: on one side, continuity can be intended as steady stability, able to assure certainty on public administrations' conducts and protection of legitimate expectations; on the other, it can be viewed as a dynamic concept, as the parameter which imposes on the public administration the duty to comply with the variable reality, simulaneously evolving with it in order to assure good and valuable results as required by its mission of care and attention. In this perspective, the first part of this work is focused on analysing the results already achieved by commentators on administrative continuity, with particular attention to its expressions within administrative organization and activity and to some of its concrete displays in the field of public contracts and services. The second part of the research is instead reserved to give some ideas and hypothesis for new interpretations of the continuity principle, in relation to general concepts such as time, space and general plan of administrative function.