Le "sanzioni alternative" nell'attuazione della direttiva ricorsi (e nel codice del processo amministrativo)

[Autom. eng. transl.] Article. 245-ter of the code of contracts (introduced by Legislative Decree of March 20, 2010, No. 53 in implementation of the so-called recourse directive) attributes to the administrative judge the power to impose «alternative» sanctions with respect to the ineffectiveness of the contract: this is of a pecuniary sanction against the contracting station and the reduction in the duration of the contract. The compatibility of this attribution with the constitutional framework on administrative justice and with the very structure of the current administrative process is much discussed. The discipline of such sanctions is destined moreover to merge with some modifications in the code of the administrative process.