Azione popolare e legittimazione processuale 'sussidiaria' (nota a TAR Emilia-Romagna, sez. I, 6 luglio 2007, n. 1618)

Translated title of the contribution: [Autom. eng. transl.] Popular action and 'subsidiary' procedural legitimacy (note to TAR Emilia-Romagna, section I, 6 July 2007, no. 1618)

Research output: Other contribution

Abstract

[Autom. eng. transl.] The popular action of art. 9, paragraph 1, of the single text of local authorities has a substitute or supplementary nature, as it is aimed at ensuring the protection of the rights and interests of the Municipality or Province in the event of inaction by local administrators; however, this is an exceptional legitimacy, as it is recognized to a subject other than the one who is the owner of the protected substantial situation: it follows that he cannot perform a corrective type of function, in the sense that he cannot be used by the citizen to oppose the will expressed in an express way by the local authority, because this would cause a clear vulnus to the democratic-representative principle. The principle of horizontal subsidiarity finds in the concrete organization implementation, for the profile of procedural legitimacy, precisely through the provision of art. 9 of the aforementioned single text, given that a different conclusion would open the door to an inadmissible generalization of popular action.
Translated title of the contribution[Autom. eng. transl.] Popular action and 'subsidiary' procedural legitimacy (note to TAR Emilia-Romagna, section I, 6 July 2007, no. 1618)
Original languageItalian
Publication statusPublished - 2010

Keywords

  • azione popolare
  • legittimazione ad agire
  • sussidiarietà

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