Mandatory order and its limits in the Italian judicial review proceedings Since 2010 mandatory orders are available in front of the Italian Administrative Courts. Scholars had been urged the introduction of this remedy for decades, but now its practical functioning presents several problems, concerning not only the legal limits to its admissibility, but also the rationale behind certain strictly procedural rules: especially, the application for a mandatory order must be made asking together a quashing order or a declaratory judgment (declaring a public body’s failure to act unlawful). The paper examines those issues and reasons about two fundamental questions: first, the difference between mandatory orders and mandatory effects of quashing orders; secondly, the identification of a balanced framework of procedural rules concerning events occurred pending proceedings.
|Translated title of the contribution||[Autom. eng. transl.] The compliance action in the administrative process and its boundaries|
|Number of pages||43|
|Journal||DIRITTO PROCESSUALE AMMINISTRATIVO|
|Publication status||Published - 2017|
- azione di adempimento
- denied or omitted administrative act
- events occurred pending proceedings.
- judicial review proceedings
- mandatory order
- processo amministrativo
- quashing order
- tipologia delle azioni