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Tra procedimento e processo. Atti del ciclo di seminari sulle modifiche alla legge generale sul procedimento amministrativo.

Translated title of the contribution: [Autom. eng. transl.] Between procedure and process. Proceedings of the seminar series on the amendments to the general law on administrative procedure.

Research output: Book/ReportOther report

Abstract

[Autom. eng. transl.] The volume collects the proceedings of a series of "itinerant" seminars, which were held in the autumn of 2023 in three universities: the seminars focused on the advance notice of a negative decision (Università Cattolica del Sacro Cuore), the time of the procedure (Università degli Studi di Pavia) and good faith (Università degli Studi di Camerino). Despite their apparent diversity, the themes are united by their importance (substantial and at the same time procedural), by the regulatory "venue" of reference (the general law on administrative procedure) and by their topicality (all the institutions examined have been affected by recent legislative changes, especially in the pandemic period): this logic explains the choice of the title and subtitle common to all the seminars. From the reports and interventions presented in the three study meetings, published in this volume, another "common" element emerged: the regulatory innovations have called into question some traditional cornerstones of administrative law (just to give a few examples, the re-exercisability of power after the annulment of the provision, the continuing effectiveness of the invalid provision and the irrelevance of the subjective states of the parties to the proceedings), accentuating as a whole the relational connotation of the exercise of power. A choice of method has certainly contributed to the achievement of these results: a contribution of general critical framing, entrusted to a university professor, was followed by an analysis of concrete problems, entrusted to an administrative magistrate, in order to gather (physiologically) different approaches to the same themes: the comparison was hoped for, first of all, between a theoretical-speculative approach and a practical-applicative one; secondly, between a systematizing approach and one necessarily more focused on the solution of specific cases and problems.
Translated title of the contribution[Autom. eng. transl.] Between procedure and process. Proceedings of the seminar series on the amendments to the general law on administrative procedure.
Original languageItalian
PublisherJOVENE
ISBN (Print)9788824328760
Publication statusPublished - 2024

Keywords

  • procedimento e processo

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