The paper aims to reconstruct the relevance that the concept of the administrative operation can have in the (administrative) proceeding and in the (administrative) trial from the perspective of their effectiveness. After a brief reference to the French and Italian theories that have identified the concept of “administrative operation”, differentiating it from the administrative proceeding, some decisions of the Constitutional Court have been analyzed in order to demonstrate not only that it (the administrative operation) is essential for the effectiveness of administrative action, but also for the joint exercise of different public powers for a common (public) interest. In the second part attention has been focused on the rules contained in the Code of the Administrative Trial in order to verify in which terms the concept of administrative operation finds its recognition (additional grounds of appeal; lis pendens; related actions; territorial and functional competence).
L’operazione amministrativa nella prospettiva del risultato: nel procedimento e nel processo
GIANI, LOREDANA
2012-01-01
Abstract
The paper aims to reconstruct the relevance that the concept of the administrative operation can have in the (administrative) proceeding and in the (administrative) trial from the perspective of their effectiveness. After a brief reference to the French and Italian theories that have identified the concept of “administrative operation”, differentiating it from the administrative proceeding, some decisions of the Constitutional Court have been analyzed in order to demonstrate not only that it (the administrative operation) is essential for the effectiveness of administrative action, but also for the joint exercise of different public powers for a common (public) interest. In the second part attention has been focused on the rules contained in the Code of the Administrative Trial in order to verify in which terms the concept of administrative operation finds its recognition (additional grounds of appeal; lis pendens; related actions; territorial and functional competence).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
