Atti vincolati, vizi procedurali e giudicato amministrativo

Translated title of the contribution: [Autom. eng. transl.] Constrained acts, procedural defects and administrative judgment

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Abstract

The aim of this paper is to analyse the consequences of res judicata that arise from the judicial application of the rule laid down by art. 21-octies, par. 2, first sentence, L. 7 August 1990, n. 241. In particular, the paper seeks to understand whether the judicial scrutiny pursuant to said provision is carried out ‘principally’, and thus is included within the res judicata, or, on the contrary, ‘incidenter tantum’, i.e. only for the purpose of resolving the applicant’s claim (without being included within the res judicata). The solution to the proposed theoretical question allows to resolve two important practical issues: the possibility to exercise the administrative power of ex officio annulment in case of rejection of the applicant’s claim, and the impact of factual and legal ‘contingencies’, in case of upholding of the applicant’s claim.
Translated title of the contribution[Autom. eng. transl.] Constrained acts, procedural defects and administrative judgment
Original languageItalian
Pages (from-to)481-552
Number of pages72
JournalDIRITTO PROCESSUALE AMMINISTRATIVO
VolumeXXVII
Publication statusPublished - 2019

Keywords

  • Art. 21-octies
  • Atti vincolati
  • Giudicato amministrativo
  • Vizi procedurali

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