La legittimazione a ricorrere nel processo amministrativo: differenziazione e qualificazione delle legittimazioni speciali e oggettive

The thesis analyzes the problems related to the legal standing in the administrative judicial review. In the first chapter, an overview of the traditional interpretation of the legal standing is provided, focusing on the nature and evolution of the concept, concluding with remarks concerning the implementation of novel hypothesis of standing. The second chapter focuses on the structure of these special hypothesis and on all the criteria (e.g. vicinitas) created by the Italian administrative courts to broaden the possibility of associations and individuals to bring proceedings to the courts. The third chapter analyzes the “objective type” of standing in the Italian administrative law system, highlighting the risks of trespassing to forms of actiones populares, not admitted in civil law systems, concluding that in any of these hypotheses there is a differentiated and qualified legal position for the applicant, in order to avoid any hazard of an objective drift of the administrative judicial review. In the last chapter I have therefore examined the structure of the process in cases of objective legitimation (the ascertainment of the conditions of standing, the principle of party-disposition, the acquisition of evidence and the officious powers of the judge, the effects of the ruling and the power of modulation of measures by the administrative judge), to demonstrate that rather than objective jurisdiction it is possible to identify an objective legitimation, since the structure of the administrative judicial review does not change when the forms of legitimation examined are at stake.