Alessandra Pioggia

Administrative Judge and Direct Application of the Constitution: Is Something Changing?

  • Abstract

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Unlike what can be found in ordinary jurisdiction, the administrative judge has historically shown a certain reluctance to make direct use of the Constitution as a parameter applicable in the solution of the controversies submitted to him (or her). In administrative jurisprudence the centrality of the law, inasmuch as norm for the attribution and discipline of power, has long overshadowed the constitutional dictation. This also explains why in the safeguarding of fundamental rights the thesis has prevailed of the non-existence of the power that has deeply rooted the relevant jurisdiction with the ordinary judge. In 2007, nevertheless, the Constitutional Court recognized to the administrative judge sitting in exclusive jurisdiction the capacity to know and safeguard constitutionally recognized rights as well. Some Regional Administrative Court sentences have followed that offer a new prospect for the safeguarding of fundamental rights vis-à-vis administrative power. This is not denied but rather brought back to a constitutional legality able to bind it to the full satisfaction of the citizen's claims. The essay prefigures the possibility of starting from this new prospect to reread the power of the administration from an authentically constitutional standpoint.

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