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Title/Abstract/Keywords

L'OGGETTO DEL PROCESSO AMMINISTRATIVO DI LEGITTIMITA'.

Mattiuzzi, Marta (2010) L'OGGETTO DEL PROCESSO AMMINISTRATIVO DI LEGITTIMITA'. PhD Thesis , Università degli Studi di Ferrara.

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    Abstract

    In this research work has been analysed the problem of the object of the administrative process. The main issues relating to the object of the process has been studied in depth by critical examination of some among the relevant theories of the civil ed administrative doctrine, without neglecting the analysis of the case law. The first and second chapter was addressed the issue of the specialty and the role of the Administration Court in the current istorical ed legal context, and the problem of the identification of the “res in judicium deducta”. In the third chapter it is passed to the examination of the two main doctrinal approaches on the object of the administrative process: that is to say, the formalistic concept, focused on the question of the legality of the administrative act, and the sostanzialistc concept, according to which the object of the judgment should be taken on the relationship between citizen and Administration. Continuing, the investigation was dedicated to the theme of the relationship between judicial determination and the reasons for the appeal, presenting a thesis that recognises the importance of the notions of coordination and substantial administrative act, stating the principle of unity of action. In the fifth chapter of the thesis, dedicated to the theme of the force of “res judicata” and its objective limits, the attention has focused in particular on the question of the judgement execution and of her possible classification such as un executive process.

    Item Type:Thesis (PhD Thesis)
    Date:27 January 2010
    Tutor:Magri, Marco
    Coordinator:Manfredini, Arrigo
    Institution:Università degli Studi di Ferrara
    PhD:XXII Anno 2007 > COMPARAZIONE GIURIDICA E STORICO-GIURIDICA
    Divisions:Dipartimento > Scienze giuridiche
    Subjects:Area 12 - Scienze giuridiche > IUS/10 Diritto amministrativo
    Uncontrolled Keywords:oggetto, processo, legittimità, object, process, legality
    Deposited on:23 Jul 2010 14:05

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