Il silenzio dell’amministrazione tra mercato e persona

The work is a reflection on recent regulatory and jurisprudential interventions on tacit consent, which are part of the already well-underlined path of simplification and liberal- ization at the cost of a retreat of the public power. The essay tries to highlight how this choice may not constitute a valid solution to administrative inefficiency and may be in conflict with the Constitution. Downsizing the role of the administration carries serious risks in a complex society where the public entity is required to intervene in the im- plementation of the political design to adopt corresponding measures to the prevailing constitutional values, realizing the fundamental protection of human dignity.