Annalaura Giannelli

Declaration of unconstitutionality and administrative procedure about administrative acts conflicting or in compliance with the unconstitutional law

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Abstract

The paper aims to investigate the effects of the decisions of unconstitutionality on administrative judgements (other than «a quo» ones). The hypothesis put forward in the study is that the effects are different whether the contested administrative act complies with or is not in conformity with the unconstitutional law. The paper also considers the consequences on administrative activity of constitutional court decisions that stigmatize a legislative gap.

Keywords

  • Effects of constitutional court decision on administrative jurisdiction
  • Administrative acts in compliance or conflicting with the unconstitutional law
  • Legislative gap
  • Dies a quoµ to challenge the measure in compliance with the unconstitutional law

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