Giusto Processo Amministrativo
Administrative due Process
To this end it is necessary, firstly, to precisely define the boundaries of applicability of the discipline of the Convention to this type of trial, in which the definition of the concept of law “of a civil character” assumes a central role, especially in relation to the question of legitimate interests. The first subsection is dedicated to this argument.
Another subsection is dedicated to the guarantee of the impartiality of the judge and the question of the compatibility of this requirement with the traditional structure of the governing bodies of administrative justice (not only in Italy, but also in several other European countries that adhere to the Convention), which also assigns to the judge, in addition to judicial duties, administrative and advisory responsibilities relating to the business of government. This is a topic which the European Court has had to deal with on several occasions.
A further subsection deals with another important aspect of said requirement of judicial impartiality, in examining the possible consequences of European jurisprudence on the power of prevention as regards national legislation on the administrative process, on which the Court has repeatedly upheld the principle that a judge can not be considered impartial if they have already been called to hear and determine the dispute at any other stage of the proceedings, as they could prove to be “conditioned” to not contradict what has already been decided.
Finally, it was deemed appropriate to dedicate space to the delicate issue of the reasonable duration of a trial, an extremely critical issue for Italy, taking into account the particular issues that can arise in an administrative case due to its specific procedural discipline.
Elenco sottosezioni / Subsections list