EFFICIENZA AMMINISTRATIVA E DISCREZIONALITÀ AI TEMPI DELLA PANDEMIA. ADMINISTRATIVE EFFICIENCY AND DISCRETION AT THE TIME OF THE PANDEMIC.

[Machine translation] The pandemic has left a clear message that underlines the inefficient political and administrative management of fundamental rights and public resources, but also the serious problem that the primacy of the economy has posed for not only human health but of the entire planet. , Only a correct and efficient exercise of power will allow the optimal use of resources and the implementation of the project of a new society that is more respectful of the constitutional text. Political power should return to making accurate choices in the competent institutional offices, the actions of the public entity be subject to judicial review and responsibility to ensure that the exercise of power does not deviate from the constitutional dictation., Without the intervention of the judiciary (Constitutional Court and administrative judge), the risk that the Constitution will not be implemented, or will be poorly implemented, is high, the pandemic has made it evident., The legitimation of public power is justified only if and insofar as the exercise of authority is functionalized to ensure the enjoyment of rights and must be evaluated from this aspect., Pre-contractual liability, understood as the trust that the private individual places in the professionalism and capacity of the PA, could make it possible to expand the union with regard to the proper fulfillment of duties, even if the administration decides not to exercise power or to exercise it ineffectively.