Eccezione di difetto di giurisdizione e abuso del processo

Translated title of the contribution: [Autom. eng. transl.] Exception of lack of jurisdiction and abuse of the process

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Abstract

[Autom. eng. transl.] Taking inspiration from the sentence in question, the author examines the orientation of the Council of State according to which, on appeal, the original appellant, having been unsuccessful for reasons of merit, cannot plead the lack of jurisdiction. Recently, the claim was based essentially on the principle of prohibiting the abuse of the trial. The author highlights the critical profiles of this orientation, also in the light of the case law of the United Sections, and underlines the tendency of the Council of State to resort to a motivation based on the recall of general principles that leave room for the judge's creative contribution.
Translated title of the contribution[Autom. eng. transl.] Exception of lack of jurisdiction and abuse of the process
Original languageItalian
Pages (from-to)181-191
Number of pages11
JournalURBANISTICA E APPALTI
Publication statusPublished - 2015

Keywords

  • abuso del processo
  • eccezione giurisdizione

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