Tendenze evolutive del sindacato giurisdizionale sul merito amministrativo

Abstract

The subject of this study is the reviewability of the administrative merit in the jurisdictional and judicial administrative headquarters in the Italian legal system.
Administrative merit, as noted in the doctrine, means the "convenience and opportunity of the choice" that the Public Administration (henceforth Public Administration) "is called upon to make by law" .

It is known that, apart from the hypotheses of jurisdiction on the merits - and provided that it is argued that, in such hypotheses, the judicial authority can exercise in place of the P.A. the administrative power -, strictly provided for by law, the administrative judge (henceforth GA) cannot question the convenience and opportunity of the choice of the PA And yet, since the P.A., in making the choice, must in any case act in accordance with the reference regulatory paradigm, the G.A. can investigate the merits of it, in order to verify whether this has been exercised illegitimately, invalidating the relative deed due to excess of power.