Administrative Justice in Italy

BRICS Law Journal, Vol. 3(2), p. 67–79, 2016

13 Pages Posted: 23 Jan 2017

See all articles by Elisabetta Silvestri

Elisabetta Silvestri

University of Pavia, Department of Law

Date Written: September 15, 2016

Abstract

This essay describes the organization of administrative courts in Italy, as a set of courts distinguished from ordinary courts that deal with civil and commercial cases. Since the 19th century Italy has adopted a dual system of jurisdiction, and has never abandoned the traditional criterion according to which ordinary jurisdiction and administrative jurisdiction are established: this criterion, having regard to the entitlement claimed by the plaintiff, is unique to Italy and, leaving aside its distinctiveness, it is quite enigmatic and difficult to apply in practice. Reference is made to the procedure followed before administrative courts, a procedure recently updated through the enactment of the Code of Administrative Procedure.

Keywords: Regional Administrative Tribunals, Council of State, Subjective Rights, Legitimate Interests, Code of Administrative Procedure

Suggested Citation

Silvestri, Elisabetta, Administrative Justice in Italy (September 15, 2016). BRICS Law Journal, Vol. 3(2), p. 67–79, 2016, Available at SSRN: https://ssrn.com/abstract=2903076

Elisabetta Silvestri (Contact Author)

University of Pavia, Department of Law ( email )

University of Pavia
Corso Strada Nuova, 65
27100 Pavia, 27100
Italy

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