Il giudicato nel nuovo diritto processuale amministrativo

Translated title of the contribution: [Autom. eng. transl.] The res judicata in the new administrative procedural law

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The institution of the res judicata represents the moment of definitive closure of every contentious case thanks to the «stabilizing» capacity of the plan of the effects contained within the sentence. The preclusive and constraining incidence that derives from the formation of the res judicata is particularly problematic in the administrative process which, as is known, concerns disputes related to the legitimacy of the exercise of public powers. The administrative power, in fact, having closed the procedural parenthesis, tends to renewal because of the constant functionalization to the public interest and the traditional attribute of inexhaustibility that distinguishes it. On this point, the various theoretical constructions have adopted profoundly different explanations in order to better safeguard the needs of power or, vice versa, the subjective legal positions involved, without however having definitively closed the debate. The revolution of the system of protections in the controversies of public law marked by the entry into force of the new Code of the administrative process can be the occasion for a reconstruction of the institution in terms of a res judicata with "established entitlement", that is an administrative judgment at "Objective limits" always complete and really stabilizing the procedural result.
Translated title of the contribution[Autom. eng. transl.] The res judicata in the new administrative procedural law
Original languageItalian
PublisherGiappichelli Editore
Number of pages386
ISBN (Print)978-88-921-1226-1
Publication statusPublished - 2017

Publication series

NameCOSTITUZIONE E AMMINISTRAZIONE

Keywords

  • Efficacia della sentenza
  • Giudicato amministrativo
  • Limiti oggettivi del giudicato
  • Ottemperanza amministrativa

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