Italy

In the Italian legal system, although the 'due process of law' is not explicitly guaranteed by constitutional law, it can be considered a general principle. Indeed, the Constitutional Court's case law recognizes 'procedural fairness' as a guiding principle for both the legislature and the judiciary. Moreover, the Italian Administrative Procedure Act of 1990 explicitly acknowledges the principle as a protected right and guarantee. This Act expands the significance of principles within the legal system, stating that the administration 'pursues purposes determined by law' and that its actions are guided by fundamental principles of sound administration, as well as 'the principles underpinning the Community's legal order'. By incorporating Community principles, Italy has progressively enhanced the procedural safeguards available to its citizens, drawing upon ideas and guarantees from other European legal traditions. The cornerstone of the Italian APA is the 'right to participate' in any administrative procedure that may affect an individual.