L’operatività della sospensione del processo amministrati-vo: un'analisi alla luce della sentenza del Consiglio di Stato n. 4/2024

Abstract

The purpose of this publication is to offer a focused discussion on the suspension of administrative proceedings, emphasizing its practical operation within the procedural system through an analysis of specific jurisprudential issues that reveal its critical aspects, underlying ratio, and conditions for application. Additionally, the intention is to highlight the complexity and gaps within the relevant legislation, which, as we will see, serves as the central theme of this work.

Indeed, the inadequacy of the legislative framework in addressing the practical challenges arising within procedural dynamics has prompted interpretive and reconstructive efforts by the Courts, which, through successive rulings, have contributed to a clearer understanding of the regulation of this institution. This paper will examine one legal decision sought to resolve legal issues resulting from the absence of a comprehensive and systematic regulation.

The ruling itself provides the basis for this analysis: the fundamental legal issues (both normative and systemic) they raise, as well as the cohesive view of suspension they present—both theoretical and practical—are of particular significance. They allow for a deeper understanding of the institution within the procedural framework, moving beyond the limitations of a purely doctrinal approach. The practical application of suspension in the legal case analyzed offers a crucial opportunity to deconstruct the institution to its etiological roots and then attempt to reconstruct it in an interpretative manner that is consistent with the legislator’s intent, as well as the autonomous will of a system in which conflicting constitutional and procedural needs coexist. In this context, the correct interpretation and application of the institution are essential tools for reconciling these opposing requirements