Il problema del debito pubblico e il ruolo del diritto amministrativo.

The purpose of the article is to enquire whether the European and national rules, on the government spending power, while at a first glance limiting discretionary power, may on the contrary result in an expansion of the administrative power. Rules concerning the national public debt control affect administrative law, including discretionary powers as traditionally understood. "Sustainability" must be "secured" in the exercise of power of the public administration, and therefore not only at a legislative level, but also on a day to day implementation of national, regional and local policies. Most State models, whether liberal or socialist, carried out economic systems not open to global markets. Such a vision was in contrast with EU rules which, since the entry into force of the Treaty of Rome in 1958, have gradually replaced old economic models with new ones whose content was not clear at that time. Such a situation has gradually led to the short circuit which we have today in many areas of Europe, including Italy. While the weight of the government was increasing under the pressure of implementing constitutional provisions, Italy has willingly decided to join the single currency, which requires –today with urgency - reduction of that public organization and that same government which we have known for years. The watchword, today, is not an administrative reform, but the exercise of administrative powers that are compatible with the public debt. In this light shall be read the provision introduced in 2012 in the Italian Constitution (Art. 97), according to which public authorities have to ensure balanced budgets and public debt sustainability. The intergenerational equity and the protection of creditors of the State have to find a reasonable compromise.