Tradição e inovação no direito administrativo e a escala de publicatio nos regimes jurídicos portuários

Abstract

As a result of the permanent tension between tradition and innovation in administrative law, some of its classic categories are transformed. It is not uncommon for mutations in general administrative law to originate in the special areas of the discipline, for example in sectorial regulatory systems. Our aim is to find out whether port regulations can be a source of renovation. We will thus investigate whether the traditional dichotomy between public services and private economic activities is sufficient to explain the various gradients in the models of organizing sectors of infrastructure such as ports. To this end, we will test whether the figure of the "scale of publicatio" would be an adequate tool to elucidate the different degrees of state control to which activities of collective interest, be they public or private, can be subjected, drawing on the example of ports, in which various legal regimes for direct or indirect infrastructure exploitation coexist. We intend to investigate the peculiarities of each of these, especially considering the traditional models for the state management of activities of relevant collective interest. The aim is to see whether we are dealing with "more of the same" or a unique sectorial arrangement, capable of illustrating and driving forward developments in general administrative law.