Soccorso istruttorio e procedure comparative. Un’analisi critica del principio di par condicio tra formalismo e logica di risultato

The paper focuses on the application of the legal institute known as ‘power of relief’, regulated by the Italian Administrative Procedure Act (Art. 6, Law No. 241/1990), within the so-called comparative procedures. The authors critically discuss administrative case law which excludes the applicability of the said institute basing on the principle of ‘par condicio’ (i.e. fairness) and the related ‘selfresponsibility’ of the applicant. From a broad perspective, the authors adopt a substantive interpretation of the principle of par condicio, thus justifying the extensive application of the power of relief in order to solve the formal deficiencies or inconsistencies of party’s request.