Please enter a search term to begin your search.

Home » Archive » Administrative Justice In Italy: Origins And Evolution

Franco Gaetano Scoca
Administrative Justice In Italy: Origins And Evolution
Comments (0)

The aim of the following pages is that of recounting the
principal phases in the evolution of the system of administrative
justice, from its origins to the present day, an era which is
distinguished by a significant process of codification of the
administrative trial that will thus find itself, for the first time, a
unitary discipline with an organic code, on a par with the civil and
penal codes.
The first part will analyse the theoretical foundations that
led to the creation of a system of administrative justice, following
the movements of the processes of reform that sprung up in the
middle of the nineteenth century and that pointed initially to the
affirmation of the single jurisdiction of the ordinary court (1865)
and later to the institution of the IV section of the Council of State,
which then became an administrative court. The so-called “binary
system” had been created, as in France and Germany .
In the second part the analysis will be centred more on the
jurisdictional system (of the administrative trial) and the most
significant passages of its long evolution will be revisited, those
that led to the creation of a system of protection for citizens in
dealing with public power that for its structural process and the
effectiveness can be compared to (and, in some aspects, betters)
the civil trial.

download this article in PDF format ›

download IJPL volume 2 2009 in PDF format ›