Rilievo processuale del difetto di giurisdizione e sindacabilità delle relative questioni nell’ottica del processo amministrativo: con particolare riguardo al ‘regolamento preventivo’

Abstract

The study starts from the basic observation (of ascertainment) of the defect of jurisdiction in relation to other procedural flaws, and then highlights the problem of how the principle of the ‘natural judge pre-established by law’ coexists with those of the ‘prohibition of abuse of proceedings’ and (specifically) of the ‘right to a fair trial’. Thus, through a discourse of systematic and conceptual 'reconsideration,' with particular regard to the theory of subjective legal situations, a dual testing is carried out: for the benefit of the jurisdiction allocation mechanism; and also, in order to overcome both a rigid 'confinement' of the institutions attributable to those principles and a corresponding 'distancing' of their respective forms of protection. Hence, an adequate justification for the 'sustainability' of the related 'implicit judgment.'

In this context, a discussion is included that delves into the institution of the 'preventive jurisdiction regulation', its relationships with related institutions, and concludes with a contribution of doctrinal analysis on these topics