La cognizione del fatto nel processo amministrativo fra Costituzione, codice e ideologia del giudice

[Autom. eng. transl.] The contribution highlights the need for an "independent" investigation by the administrative judge, as also required by the constitutional principles on judicial protection. Just recently the administrative jurisprudence has manifested a new approach in some controversies (in particular those against the acts of the independent administrative authorities); it is the important signal that a different "model" of preliminary investigation is possible, even in the administrative process, without the need for legislative adjustments to the 2010 code. The author believes that a real change of direction and a new model for the exercise of the jurisdiction by the administrative judge with respect to the facts.