La proiezione processuale dei dissensi tra gli enti territoriali

[Autom. eng. transl.] This work concerns the study of the forms of procedural 'projection' of dissensions between local authorities. In this regard, we are witnessing a progressive increase in disputes between administrations as a result of the multiplication of centers of power and the configuration of so-called administrative functions. multi-structured. The significant increase in this type of dispute is symptomatic of the pathological inability of the procedural coordination tools to achieve the objectives of synthesis and unity in the executive function; with the consequence that the 'cooperation crises' between public administrations end up being transposed in court. The analysis of the case law on the subject makes it possible to distinguish two different types of conflicts: on the one hand, there are the hypotheses of 'interference' between administrative powers, in the sense of invasions and compressions of others' powers; on the other hand, the cases in which the local authority acts judicially as an exponential and representative subject of the reference community. The aforementioned categories of disputes present numerous critical issues with regard to both the conditions of the action, and the legitimacy to appeal in the case, as well as the more general compatibility with the 'nature' of the administrative process as a jurisdiction of subjective law.