Abstract

This essay describes the organization of administrative courts in Italy, as a set of courts distinguished from ordinary courts that deal with civil and commercial cases. Since the 19th century Italy has adopted a dual system of jurisdiction, and has never abandoned the traditional criterion according to which ordinary jurisdiction and administrative jurisdiction are established: this criterion, having regard to the entitlement claimed by the plaintiff, is unique to Italy and, leaving aside its distinctiveness, it is quite enigmatic and difficult to apply in practice. Reference is made to the procedure followed before administrative courts, a procedure recently updated through the enactment of the Code of Administrative Procedure.

Highlights

  • To offer a simple, yet comprehensive picture of administrative justice in Italy is not an easy task: administrative courts have existed in Italy since the second half of the 19th century, that is, since the unification of the nation and the establishment of the Kingdom of Italy in 1861.1 Certainly, it is not possible to summarize in an essay the changes that administrative justice has experienced in more than a century, even though it has been argued that the present state of administrative justice is the product of a progressive ‘stratification’ that has contributed to the development of a system in which nothing is destroyed and any new components pile up on top of the old ones

  • This essay will concentrate on the present organization of Italian administrative courts and on the legal sources that – in this author’s opinion – are the most significant ones and that can outline the basic features of Italian administrative justice for the benefit of the reader unfamiliar with the Italian legal system

  • The distinction between two different forms of entitlement that every individual can claim against a public entity is at the base of the institutional arrangement of jurisdiction in Italy: Italy has adopted a dual system of jurisdiction, according to which – at least in principle – subjective rights can be enforced by ordinary courts, while legitimate interests must be claimed before administrative courts

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Summary

Introduction

To offer a simple, yet comprehensive picture of administrative justice in Italy is not an easy task: administrative courts have existed in Italy since the second half of the 19th century, that is, since the unification of the nation and the establishment of the Kingdom of Italy in 1861.1 Certainly, it is not possible to summarize in an essay the changes that administrative justice has experienced in more than a century, even though it has been argued that the present state of administrative justice is the product of a progressive ‘stratification’ that has contributed to the development of a system in which nothing is destroyed and any new components pile up on top of the old ones.. This essay will concentrate on the present organization of Italian administrative courts and on the legal sources that – in this author’s opinion – are the most significant ones and that can outline the basic features of Italian administrative justice for the benefit of the reader unfamiliar with the Italian legal system

Administrative Justice Through the Lens of the Italian Constitution
The Code of Administrative Procedure
Legitimate Interests
The Jurisdiction of Administrative Courts
The Procedure before Administrative Courts
Ordinary Courts and Public Entities
Administrative Remedies
Final Remarks
Full Text
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