Saverio Romano

La tutela cautelare nel processo amministrativo italiano

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Abstract

In the Italian system of administrative justice, the problem of protective tutelage is one of the crucial points in the administrative process, and it has grown especially sensitive over the years because of the huge increase in ciaims. This increase has been caused by the duration of judgments (from the first to second grade), where the definitive sentence is often unable to guarantee the protection envisaged by the law. The study emphasises that, in a situation of severe normative deficit and increasing numbers of ciaims, administrative judges have endeavoured not to abdicate their role as the regulators of conflicts between citizens and the public administration. They have adapted the type of protection required to guarantee minimum levels of substantial justice to the numerous instances that arise from the increasingly complex and new tasks assigned to the administration.

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