IL DIRITTO AMMINISTRATIVO NELLA PROSPETTIVA DEL GIUDICE CIVILE

The thesis explores administrative law from the perspective of the civil judge. The first chapter examines some of the main doctrinal contributions that have concurred to the development of administrative law as a branch of the legal system, endowed with its own autonomy, even notional, with respect to private law. After outlining the basic conceptual framework of this study, the second chapter traces the evolution of the procedural system for protecting individuals against public administration; this has been essential for a better understanding of the subsequent reflections, which reveal that there is an area where -in the face of administrative law activities- the protection of the individual against the administration is assigned to the civil judge. The third chapter analyzes the case law of the Court of Cassation in comparison to the case law of the Council of State. The work reveals that often the interpretation of administrative law by the civil judge diverges from the positions of the administrative judge. In the final part, the possible causes for these interpretative divergences and the reasons why the formulation of different interpretations is problematic will be identified, as well as the concerns raised by the civil judge’s approach to administrative law.