Dall’azione di annullamento all’azione di adempimento: il codice del processo amministrativo

Abstract

The code of the administrative process represents the last stage of the long and constant evolution which has concerned the administrative justice during the twentieth century. The present study provides an overview of the historical factors that have influenced the change of the administrative judgement progressively oriented towards a full protection of citizens' interests against public powers. The issue analyzes the evolution of the Italian doctrine, which since the years 60’s had brought to urge the introduction of a legal instrument similar to the german verpflichtungsklage. In addition, the study highlights the comparison with the french law related to the recours pour excès de pouvoir. Particular attention is given to the decree n. 104/2010 including the code of the administrative process and especially the importance of the articles 30 and 34. The final part is an analysis of the code regulations related to the use of information technology in order to ensure judgements within a reasonable time and enhance efficiency of administrative justice