Abstract
[Autom. eng. transl.] The Italian legal system envisages hypotheses in which the subjective requirements of the agent holding the function are relevant - not in the abstract but - in relation to the administrative decision to be adopted in the specific case. In these hypotheses, the correlation between the person called to decide, on the one hand, and the decision with respect to a specific case, on the other, marks the scope of assessment regarding the existence or otherwise of the subjective requirements for the holder of the function. In other words, these requirements can (must) be assessed in relation to the decision-making process with respect to which the official is called upon to carry out his / her activity. With respect to this general theme, the precise profile that the contribution investigates is the phenomenon (and the related legal regime) of the administrative decision adopted by (or with the contribution of the) official who is in a situation of conflict of interest, even potential.
| Translated title of the contribution | [Autom. eng. transl.] Subjective legitimacy and administrative decision |
|---|---|
| Original language | Italian |
| Title of host publication | La decisione amministrativa |
| Editors | R Ursi, M Renna |
| Pages | 375-409 |
| Number of pages | 35 |
| Publication status | Published - 2021 |
Keywords
- legittimazione soggettiva