This paper explores the relationship between the concept of nudging and the actions of public authorities. To this end, it addresses the following aspects: i) the essential characteristics of nudging theory; ii) the compatibility of nudging theory and regulation with the legal system; iii) the application of nudging regulation to the protection of health and the environment; iv) the question of whether regulation through nudging constitutes an exercise of power in the legal sense. The paper demonstrates that public administrations act - to a greater extent than is commonly thought - by resorting to nudge regulation through the creation of decision-making contexts that, by applying the findings of behavioural science, guide people toward adopting specific behaviours. Consequently, it is more productive to methodically analyse the phenomenon rather than ignore it or argue that it is incompatible with the legal system. This is particularly relevant since it is indisputable that administrative action through nudging constitutes the exercise of genuine power.

The essay begins by addressing the doctrinal controversy in Italy regarding the definition of administrative functions of government. The analysis starts with Zanobini's definition of the administrative function as an activity of public authorities aimed at the concrete care of a public interest. It then moves to address the definitions put forth by Marongiu and Scoca, to those put forth by Benvenuti and Giannini. After reconstruction of the debate, the author develops a definition with the key feature that the administrative function is an activity carried out by public authorities that is always resolved in accordance with the limitations imposed by the laws and those resulting from real-world situations. Additionally, it is an activity that is defined by a connection to the past and an eye towards the resolution of difficult circumstances in the future.