Giovanni Sala

Fair administrative procedure and judicial due process of law

  • Abstract

Informations and abstract

Keywords: Administrative Procedure; Judicial Process; Giorgio Pastori; ECHR; Administrative Law.

The author examines the role of the principles of fair administrative procedure and judicial due process of law also taking into account the penetration into the Italian legal system of the guarantees provided for by article 6 of the ECHR. Referring to Giorgio Pastori's teaching, he highlights that administrative procedure serves the administration to protect public interest better and at the same time serves the judge in carrying out judicial review to verify the regularity and reasonebleness of the adopted administrative decisions. Judicial process serves private citizens for the protection of their legal interests they consider to have unjustly been damaged. When not discretionary activities are concerned, judicial due process may be sufficient to guarantee the protection requested by article 6 of the ECHR; when discretionary choices are concerned, administrative procedure serves judicial process in a relationship of complementarity.

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