The standing in the administrative process: holding the right or claiming it?
Are you already subscribed? Login to check
whether this content is already included on your personal or institutional subscription.
The paper starts from the assumption that, while in the civil procedure the standing is recognized to the person who claims to be the holder of a right before a judge, the opposite is true in the realm of administrative process. Here, the standing depends on the merits of the claim, that is, on the actual qualification of the claimant as holder of a substantial legal position. The Author challenges this assumption, which makes the judicial review of administrative action "special", and illustrates the reasons for a radical rethinking, especially in light of the evolution of the administrative process towards a model of protection of legal situations based on the plurality and atypical nature of the actions.