Considerazioni sul giudizio di ottemperanza

Abstract

The introduction in the administrative process, according to case law, of the enforcement proceedings gave rise to an evolution of the whole system that is still ongoing. Legislatively, the 2010 Code incorporated, among other innovations, in particular two cognitive actions that have arisen in the practice of the enforcement proceedings: the compliance of clarification, and the action for nullity of the administrative deed, issued in violation and/or circumvention of the res judicata. Article 32, paragraph 2, of the Code of Civil Procedure also stipulated that if the conditions are met, the judge can always order the conversion of actions. Conversion is the only remedy in difficult cases in which the qualification of the deed conflicting with the res judicata as nullity or voidability is uncertain. Finally, with regard to the commissario ad acta, the problem of his impartiality is still unresolved, given the long-lasting practice of assigning that position to the managers of the same administrations concerned