Domenico Sorace

The Role of the Act in Italian Administrative Justice in Light of an Italo-French meeting

  • Abstract

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The author deals with the theme of the administrative act in Italian administrative justice in comparison with French experience. If at first sight it would seem possible to maintain that, although the notion of administrative act in the Italian system is not completely comparable to the French notion since a careful microcomparison obviously can bring out some differences, nonetheless such differences are of very slight significance and perhaps turn out to be essentially a matter of linguistics. Through the analysis of the historic origin of the Italian system of administrative justice, of constitutional decisions and of the relation between different subjective legal positions and different types of administrative act, the author observes how the role of the administrative act, despite the fact that in Italian law the principle of the acte préalable is not in force and notwithstanding that the problem of the distinction between subjective rights and legitimate interests at times appears predominant, in any case it is of capital importance in the administrative justice system. The author further observes that the different systems possible with regard to administrative acts reaches levels of complication and therefore of uncertainty that are truly excessive because of the split of the subjective legal positions and of the role they play owing to their identification based on differing opinions.

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