LA DISAPPLICAZIONE DEGLI ATTI AMMINISTRATIVI DA PARTE DEL GIUDICE ORDINARIO

The thesis has as principal object the power by the courts, disapplying unlawful administrative acts. In order to enhance the understanding and location of the court system in our country, was first traced the historical evolution of the system of administrative justice in Italy through a comparison with the experience of other European states and a description of the many important steps that led to the recognition of separation between the courts and the administrative judge. Described the current system, therefore, I thogh to deepen the relationship between the two different jurisdictions, the limits and criteria for apportionment between them. Starting from the court which was set up under Law No 2248 of 1865, and in particular the estimates contained in Articles 4 and 5 of Annex E of the same, the study focused in particular on the disapplication by the courts. Described and defined the institute, were addressed, in particular, some problems closely related to that case is given in relation to its area of operation. Finally, I analyzed the relationship is between the disapplication and one of the most discussed topics in public administration today, namely, compensation of legitimate interests.