Vincenzo Cerulli Irelli

Note critiche in materia di vizi formali degli atti amministrativi

  • Abstract

Informations and abstract


A recurrent affirmation within the framework of the debate over the reform of the public administration, for the purpose of tailoring its action to the need to provide better service to the citizenry, is that the excessive pervasiveness of administrative norm-making constitutes an obvious obstacle to that end. In truth, this observation is not new, nor does it particularly characterise the current situation, but undoubtedly administrative norm-making in the most recent decades has truly become excessively widespread, so that it is hard to find an obligation that the public administrations must fulfil that is not in turn the object of norm-making, covered by norms both legislative and regulatory in nature. Based on these premises, the author takes on the problems in relation to the so-called technical flaws of administrative measures, analysing the category in terms of the marginality of the violation, electoral procedures, omitted or flawed notice of the beginning of administrative proceedings, the category of technical flaws in violation of the norms on form or procedure without influence on a measure in terms of the content of the disposition, flawed or insufficient grounds, Art. 21-octies, par. 2 of the new text of Law n. 241 of 1990, technical flaws and jurisdictional protection.

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