PSI - Issue 62

Erika Garusi et al. / Procedia Structural Integrity 62 (2024) 233–240 E. Garusi et al./ Structural Integrity Procedia 00 (2019) 000 – 000

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methodology, the necessary activities, selecting significant samples of the infrastructure, in the most efficient way possible without causing inconvenience to the temporary road manager. (Trifarò et al., 2024) 6. Possible juridical evolutions: ANSFISA as independent administrative authority for safety of land transport In the above- mentioned context, the supervision performed by ANSFISA aims to check “the absence of evidence of unsafe conditions” (Grimaz et al., 202 4) rather than evaluate the specific methods by which individual entities achieve the required safety outcomes, requires considering a possible alternative institutional model for ANSFISA, and in particular the independent administrative authority (Elgie, 2006, Longobardi et al. , 2009, D’Alberti et al., 2010, Malaga, 2022). The spread of the independent authorities’ model in the States of the European Union is due to the reforms made by the European legislator for the creation of a single European market competitive. In Italy, the establishment of independent administrative authorities coincides with the gradual transition which, following and as a result of ongoing privatization processes, is being implemented by one direct form of public intervention in the economy to a model of intervention which is characterized by appeal by the public administration to new public bodies equipped with tools regulation, direction and control of managed activities by private entities, which do not lose their public character, which in the past have justified their completion by public entities. In particular, the processes of liberalization and privatization of national markets have determined the need to create closer independent regulatory bodies to their respective sectors of intervention, so as to allow them to intervene in a timely and effective manner. In Italy, although most independent authorities protect the fundamental right of freedom of private economic initiative through regulation of sectors of the economy national, independent authorities were created at who are entrusted with the task of guaranteeing heterogeneous rights and interests in various sectors and matters of particular public interest. In Italy, operating in the transport sector, there are two independent authorities. • The Transport Regulation Authority (ART) set up under article 37 of Decree-Law No 201/2011. The Authority was established within the framework of the public utilities' regulatory bodies pursuant to italian Law No. 481/95. • The National Anti-Corruption Authority (ANAC) established by Law No. 190/2012 and has been fully operational since 2014. ANAC incorporated the abolished the Authority for the Supervision of public contracts (AVCP), inheriting its functions and personnel. The aforementioned authorities are considered public administrations and as such they apply to them, even if on a residual basis with respect to the respective special discipline, the principles on organization, on administrative action and proceedings administrative and general legislation on the matter. The fragmentation of the independent authorities did not prevent that two essential elements for their qualification: separation from governmental power and guarantee of a fundamental right, which in the case of the transport sector translates into the protection of the right to safe mobility. Examination of the functions that independent authorities perform in the respective sectors of reference it has revealed two of their characteristics closely related peculiarities: technicality and neutrality. As regards the first character, the exam and the solution of issues relating to the protection of interests entrusted to the independent authority imply the application of specialized disciplines and techniques, which necessarily require from the authority independent a neutral evaluation activity. The sphere discretion of the independent authority is therefore limited compliance with the aforementioned disciplines. Regarding neutrality, the independent authority must guarantee compliance with the law and regulations without suffering undue hardship political-administrative conditioning. To the authority it is recognized a neutral role within the sphere of the operating subjects within its sector or subject of reference. Ultimately, with regard to the aforementioned characteristics, to independent authority is responsible for carrying out a so-called function more generally “ tutorial ” . The performance of this function implies hiring of a role of referee rather than administrator. The authority independently, with the aid of tools indicated by technical-specialist