L’autotutela necessaria e i poteri sostitutivi su iniziativa degli interessati: tra partecipazione e organizzazione

This paper analyses the relationship between administration and jurisdiction. In particular it examines the administrative remedies that can be activated at the request of the interested.\r\nIn this perspective, the paper looks at public administration’s power to avoid or resolve the conflicts internally (so-called power of “autotutela”) in order to understand when and under what conditions the citizens may require the administration to solve a problem, without asking the judge. This public power is observed in the context of the more general openness to participation which has interested the administrative relationship and which cannot be considered extraneous to the exercise of those particular functions of justice that the law assigns to the administration. The purpose of the study is to understand under what conditions, including organizational ones, the use of this public power can be useful to improve the quality of the administrative relationship and implement the safeguards guaranteed to citizens, without limiting access to judicial protection.