Domenico Sorace

The Principle of Legality and Legal Flaws of the Administrative Act

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Among the many and much-debated 2005 additions to Law No. 241 of 1990, those concerning the consequences of the violation of laws on the form and procedure of acts have sparked one of the most interesting debates. However, before giving an albeit summary account of the same, it is appropriate to recall the content of the provisions and to analyse the range, "ratio" and possible implications thereof, along with the principal interpretative problems of reference, and to take note of the proposals for their systematic arrangement. The following themes are dealt with in the text: the new provisions; interpretation: measures 'of a bound nature'; rules on procedure or on form, substantive or procedural rules? Is non-defeasibility the equivalent of legitimacy? The implications; the "ratio"; the debate; the comparative references; the new rules and the principle of legality: the law, EU law, the Constitution.


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