The aim of this paper is to study ‘res judicata’ in the Italian administrative justice system. After providing an overview of some essential concepts of the general theory of proceedings, the paper seeks to conduct a critical analysis of the main solutions developed by legal commentators and in administrative case-law, highlighting the various issues raised in the national legal debate. The objective of the paper is to set forth a new concept of administrative res judicata – defined as having a “stabilising entitlement” – that is more consistent with the values of full, effective and stable procedural protection underpinning the current system governed by the Code of Administrative Proceedings (Italian Legislative Decree No 104/2010).
S. Vaccari, The Problems Of Res Judicata In The Italian Administrative Justice System, in I.J.P.L., 2019, I, pagg. 223 ss / Vaccari, S.. - In: ITALIAN JOURNAL OF PUBLIC LAW. - ISSN 2239-8279. - 11:1(2019), pp. 223-266.
S. Vaccari, The Problems Of Res Judicata In The Italian Administrative Justice System, in I.J.P.L., 2019, I, pagg. 223 ss
S. Vaccari
2019-01-01
Abstract
The aim of this paper is to study ‘res judicata’ in the Italian administrative justice system. After providing an overview of some essential concepts of the general theory of proceedings, the paper seeks to conduct a critical analysis of the main solutions developed by legal commentators and in administrative case-law, highlighting the various issues raised in the national legal debate. The objective of the paper is to set forth a new concept of administrative res judicata – defined as having a “stabilising entitlement” – that is more consistent with the values of full, effective and stable procedural protection underpinning the current system governed by the Code of Administrative Proceedings (Italian Legislative Decree No 104/2010).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.