The essay investigates from two different perspectives the relationship between Italian Administrative Procedure Act, Law. no. 241/1990, and European principles protecting individuals in the face of the exercise of authority. On the one hand, it explores the consistency of European influence on the contents of the internal Law, on the other one, it identifies and examines the provisions of the latter that seem to diverge or even break the legal framework emerging from the Court of Justice case law. The Author also makes a comparison between Italian Law and Book III of ReNEUAL Model Rules on EU Administrative Procedure, regarded as the higher synthesis of European administrative principles. In conclusion, through the overall analysis, this paper aims to encourage reflection upon the degree of integration in the field of administrative procedure, but also upon the conditions of Law no. 241, which maybe, in the light of supranational experience, deserves a serious reconsideration.
Il procedimento amministrativo italiano alla luce del diritto europeo
Massari Giulia
2017
Abstract
The essay investigates from two different perspectives the relationship between Italian Administrative Procedure Act, Law. no. 241/1990, and European principles protecting individuals in the face of the exercise of authority. On the one hand, it explores the consistency of European influence on the contents of the internal Law, on the other one, it identifies and examines the provisions of the latter that seem to diverge or even break the legal framework emerging from the Court of Justice case law. The Author also makes a comparison between Italian Law and Book III of ReNEUAL Model Rules on EU Administrative Procedure, regarded as the higher synthesis of European administrative principles. In conclusion, through the overall analysis, this paper aims to encourage reflection upon the degree of integration in the field of administrative procedure, but also upon the conditions of Law no. 241, which maybe, in the light of supranational experience, deserves a serious reconsideration.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.