Alfredo Corpaci

La nuova giurisdizione esclusiva e i possibili sviluppi della tutela nei confronti delle pubbliche amministrazioni

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These are papers presented at the seminar on administrative justice held at Isap, Milan, on 27 November 2000. The authors base their analyses on the new rules introduced between 1998 and 2000 to alter the system of administrative justice in Italy, ensuring greater justice for citizens in their dealings with the public administration but maintaining the distinction between ordinary and administrative jurisdiction. Among the main problems connected with the new system are the organization of the judiciary, the effects of modifications to article 111 of the Constitution and, as regards maintenance of the twofold regime of jurisdiction, the concentration of protection and the relative criteria of apportionment. Then considered is the actual exercise of administrative jurisdiction: that is, legal process, and the powers of the judge and the parties. In fact, although numerous rules and institutions of civil proceedings have been incorporated into administrative ones, the question should be considered as a whole. The changes now in progress are judged to be far-reaching, although their outcomes are difficult to predict. The essays reach the conclusion that, besides the ambiguity of the legislation in force, it is the Constitution itself that is contradictory on the matter.

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