The administrative rulemaking regime comprised in the Draft Project of Code of Administrative Procedure: some structural remarks

Abstract

The administrative rulemaking regime contained in the Draft Project of Code of Administrative Procedure is anything but irrelevant. The Code of Administrative Procedure currently in force provides for a very scarce regulatory frame, which has given place to a considerable amount of scholarly opinions reasoning from within the logic of the legal system. Although coherent in the majority of solutions put forward, the legal regime set forth by the Draft Project raises some doubts mainly in what concerns the concept of regulation and its normative hierarchy. All in all, despite the problematic character of some legal provisions, others have been unjustly criticized. Indeed, the Draft Project has the merit of proposing solutions to constitutional dilemmas that had not been addressed before.