Il “bene della vita” del privato tra potere amministrativo e spettanza. Brevi riflessioni a margine del volume di F.G. Scoca

This essay offers a critical reflection on Professor F.G. Scoca's volume on interesse legittimo (legitimate interest), exploring how his theoretical framework reshapes the understanding of administrative activity and the protection of private subjective positions. Moving beyond a purely procedural conception, the author embraces Scoca's substantive view of legitimate interest as a dynamic tool for "dialogue with public power", coexisting with the unilateral nature of administrative authority within the procedural relationship. The analysis develops along three main lines: the functional dimension of administrative activity as teleologically oriented function, encompassing market regulation and unified by the concept of "administrative result"; its structural dimension, which transcends the boundaries of the single procedure and finds expression in the notion of "administrative operation"; and the substantive role of legitimate interest in shaping the exercise of administrative power, including discretion, technical assessment, legitimate expectations and the duty of good faith. The reflection culminates in the category of spettanza (entitlement), understood as the substantive expectation of the citizen regarding the bene della vita (good of life), which redefines administrative invalidity, self-review and judicial review, shifting the focus from the act to the administrative relationship as a whole and reinforcing the protection of citizens as active participants in the exercise of public power.