The aim of this paper is to study ‘res judicata’ in the Italian administrative justice system. After providing an overview of some essential concepts of the general theory of proceedings, the paper seeks to conduct a critical analysis of the main solutions developed by legal commentators and in administrative case-law, highlighting the various issues raised in the national legal debate. The objective of the paper is to set forth a new concept of administrative res judicata – defined as having a “stabilising entitlement” – that is more consistent with the values of full, effective and stable procedural protection underpinning the current system governed by the Code of Administrative Proceedings (Italian Legislative Decree No 104/2010).
Vaccari, S. (2019). The Problems Of Res Judicata In The Italian Administrative Justice System. ITALIAN JOURNAL OF PUBLIC LAW, 11(1), 223-266.
The Problems Of Res Judicata In The Italian Administrative Justice System
Vaccari, S
2019
Abstract
The aim of this paper is to study ‘res judicata’ in the Italian administrative justice system. After providing an overview of some essential concepts of the general theory of proceedings, the paper seeks to conduct a critical analysis of the main solutions developed by legal commentators and in administrative case-law, highlighting the various issues raised in the national legal debate. The objective of the paper is to set forth a new concept of administrative res judicata – defined as having a “stabilising entitlement” – that is more consistent with the values of full, effective and stable procedural protection underpinning the current system governed by the Code of Administrative Proceedings (Italian Legislative Decree No 104/2010).
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