Ilaria Pagni

Jurisdiction of the Administrative Judge and Compensation for Damage: The New Face of Relations between Compensatory Protection and Destructive Protection

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The essay deals with the following themes: the arrangement of relations between specific protection and compensatory protection in the case of injury of legitimate interests in recent jurisprudence: jurisdiction of the administrative judge over the claim for damages and the need for the elimination of the presumed act; an indirect look at the relations between the challenge of the act and compensation for damage in other branches of the system: is it possible to make compensation without first quashing? The problematic issue identified by the plenary sitting in Ruling No. 12 of 2007 and the principle of priority of the specific protection; the relation between destructive protection and compensatory protection in matters characterised by the exercise of a power; analogies and differences with respect to the theme of the liability of the public administration for injury of legitimate interests; invalidity of the act, illegitimacy and unlawfulness: a glance at the question of the defeasible contract; cognisance of the illegitimacy of the act as object of incidental verification or primary verification: Art. 34 of the Code of Civil Procedure and the trial involving an injury claim before the administrative judge.


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