Rileggendo “Democrazia e amministrazione” alla ricerca dei caratteri dell’amministrazione democratica anche nella “gestione”

This article revisits the volume Democrazia e amministrazione. In ricordo di Vittorio Bachelet (1992) to explore the meaning of democratic public administration and its relevance to contemporary administrative law. The debate developed in that volume highlights an understanding of public administration as an institution serving the community and protecting rights, rather than merely as an instrument for implementing political decisions. From this perspective, the distinction between political direction and administrative management should not be understood solely in terms of legality and efficiency. Administrative management also represents a sphere of autonomy in which public officials may contribute to the fulfilment of the constitutional project. In particular, Article 3(2) of the Italian Constitution requires public institutions to address the factual obstacles that may prevent individuals from effectively enjoying their rights. The flexibility inherent in managerial powers can therefore enable public administrations to respond to concrete and situated needs that cannot be fully anticipated by general rules. The ethics of care provides a useful framework for understanding this responsibility, which extends beyond compliance with statutory provisions while remaining firmly within the broader horizon of constitutional legality.