Brevi riflessioni in tema di disapplicazione da parte del G.A.

Abstract

The administrative justice system - as is well known - has undergone profound changes since the now distant law abolishing the courts of administrative disputes (L. 2248/1865), whose art. 5 delegates "to the judicial authorities" the power to apply "administrative acts and general and local regulations insofar as they comply with the law".

The provision, which has always been at the center of a lively debate both in doctrine and in jurisprudence, was considered the main basis for the recognition in via pretoria to the administrative judge (hereinafter G.A.) of the power to set aside the administrative act