The monograph begins with the idea that Law n. 241 of 1990 imposes a new interpretation of administrative procedure as a relationship between the parties that is governed by law, and it identifies the fundamental obligation of the government to honor it as such. This report analyzes this interpretation in its parts, and its related criteria of legitimacy, and the rights that govern these parts. The study addresses the issue of judicial protection of these rights. The belief is that such protection, for different reasons, is not adequately insured neither in the cancellation of the final order nor in the restitution of damages. Particular attention is then devoted to cases where the law requires specific forms of protection of the rights of the parties to advance the hypothesis that the current framework of the administrative process, with breadth given to precautionary protection, offers the possibility of broadening such forms of protection.

Il diritto di difesa nel procedimento amministrativo

SCOGNAMIGLIO, Andreina
2004-01-01

Abstract

The monograph begins with the idea that Law n. 241 of 1990 imposes a new interpretation of administrative procedure as a relationship between the parties that is governed by law, and it identifies the fundamental obligation of the government to honor it as such. This report analyzes this interpretation in its parts, and its related criteria of legitimacy, and the rights that govern these parts. The study addresses the issue of judicial protection of these rights. The belief is that such protection, for different reasons, is not adequately insured neither in the cancellation of the final order nor in the restitution of damages. Particular attention is then devoted to cases where the law requires specific forms of protection of the rights of the parties to advance the hypothesis that the current framework of the administrative process, with breadth given to precautionary protection, offers the possibility of broadening such forms of protection.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11695/17709
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