Abstract
[Autom. eng. transl.] The paper deals with the relevance of the acquisitive method in the administrative process. After referring to the notion developed by Feliciano Benvenuti in the 1950s, the notion is compared with the rules of the Administrative Process Code, and it is concluded that the codicistic discipline confirms the validity of the method in question.
The notion is also compared with the constitutional principles of due process, and it is concluded that the method in question does not in itself violate these principles.
However, it is pointed out that the rules on the official investigative powers of the administrative judge may collide with these principles, and, in particular, with the principle of legality sanctioned by the first paragraph of Article 111 of the Constitution, where they attribute too wide a discretion to the judge, and therefore an adequate interpretation of the provisions of the CPA is proposed
Translated title of the contribution | [Autom. eng. transl.] Topicality and limits of the acquisitive method in the administrative process |
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Original language | Italian |
Pages (from-to) | 578-601 |
Number of pages | 24 |
Journal | DIRITTO PROCESSUALE AMMINISTRATIVO |
Volume | 2020 |
Publication status | Published - 2020 |
Keywords
- Istruttoria nel processo amministrativo
- Poteri del giudice