Chiara Cudia

Notes for a Discussion on the Court of Cassation and Public Administration

  • Abstract

Informations and abstract


Debate has recently been reopened over the (old) problem of the admissibility of appeal to the Court of Cassation for violation of law regarding decisions of the Council of State involving subjective rights. The topic is analyzed from two points of view: 1) the possible connection between exclusive jurisdiction, rights and review of the Court of Cassation in the perspective of equalization of treatment of subjective rights whatever the legislative choices in point of jurisdiction; 2) from a more general perspective relationship between public administration and the Supreme Court, on the assumption that the role of the Court of Cassation is profoundly conditioned by the tie that binds the administrative judge to the exercise of administrative power. In particular, it is made evident how the problem of the uniqueness of the nomophylactic function of the Court of Cassation conceals that of the unity of jurisdiction. Finally the attitude of the Court of Cassation (and of the ordinary judge in general) to deal efficaciously with disputes involving the public administration is contented.

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