Abstract

The contribution explores the topic of the legal regime of an administrative decision which is null and void. In particular, after having reflected critically on recent literature and case law, the author marshals arguments in favour of the thesis holding that the a null and void administrative decision has to be treated alike a null and void contract, that is to say it is genetically incapable of producing any legal effect, such a flaw can never been fixed by time passing and a court can always declare this state of voidness on its own motion. The author maintains and argues that the discipline provided by in Art. 31 of the Code of Administrative Procedure has not affected these substantive aspects and does not have general reach, but has only provided for procedural arrangements applicable to cases in which the question of nullity concerns the protection of legitimate interests (as opposed to subjective rights).