Inerzia amministrativa e potere sostitutivo nelle relazioni intersoggettive

Abstract

The proliferation of regulatory cases in which replacement interventions are envisaged in the face of inertia in the performance of administrative acts is the source of a renewed dogmatic interest in the power of administrative replacement.This paper, starting from a historical investigation on the substitution power, aims to give a systematic framework in the light of the current regulatory context so as to reconstruct those features common to the different types of substitution that allow a unitary legal qualification. This investigation is functional to the resolution of the issues that the exercise of the substitution power raises such as the attribution of the deed adopted as a substitute, the exhaustibility of the administrative power, the identification of the Authority which has the power to review the act adopted.