Considerazioni sulla natura giuridica della legittimazione ad agire delle pubbliche amministrazioni

Abstract

Since the 1990s, cases in which the administration can take action before the administrative judge have multiplied. At first glance, one would be inclined to argue that the subjective dimension of the process fades away and that it becomes an instrument for implementing the law.

The phenomenon, however, is varied and the mere evocation of objective procedural models is not satisfactory.

The objective of the contribution is to demonstrate that the legitimacy of public administrations to act is in line with the subjective nature of administrative jurisdiction, representing an explanation or, in some cases, a mere exception