The essay concerns the judicial review of Italian Independent Authorities acts in the Italian legal system. In almost all cases, the Italian legislator has established the exclusive jurisdiction of administrative Courts to review the measures adopted by independent Authorities (IAs), both those with a protection role and those with a regulatory role. The choice of the exclusive administrative jurisdiction can be explained by reference to the public nature of the interests at stake. Ordinary Courts have often kept a deferential attitude towards administrative decisions, in line with articles 2, 4 and 5 of the Law 2248/1865. With the Italian Code of Administrative Judicial Procedure (Legislative Decree n. 104/2010), Administrative Courts now have at their disposal all the necessary tools to review technical assessments in relation to the wide range of actions witch can be exercised before administrative Courts. As a general principle, beyond the specific case set out in art. 134 Legislative Decree n. 104/2010, Administrative Courts cannot themselves take the place of IAs in exercising regulatory functions which, according to Law, have to be exercised only by independent bodies on the basis of there technical knowledge, as "peritus peritorum".
Judicial Review of Italian Independent Authorities Acts a Short Overview
Vera Parisio
2019-01-01
Abstract
The essay concerns the judicial review of Italian Independent Authorities acts in the Italian legal system. In almost all cases, the Italian legislator has established the exclusive jurisdiction of administrative Courts to review the measures adopted by independent Authorities (IAs), both those with a protection role and those with a regulatory role. The choice of the exclusive administrative jurisdiction can be explained by reference to the public nature of the interests at stake. Ordinary Courts have often kept a deferential attitude towards administrative decisions, in line with articles 2, 4 and 5 of the Law 2248/1865. With the Italian Code of Administrative Judicial Procedure (Legislative Decree n. 104/2010), Administrative Courts now have at their disposal all the necessary tools to review technical assessments in relation to the wide range of actions witch can be exercised before administrative Courts. As a general principle, beyond the specific case set out in art. 134 Legislative Decree n. 104/2010, Administrative Courts cannot themselves take the place of IAs in exercising regulatory functions which, according to Law, have to be exercised only by independent bodies on the basis of there technical knowledge, as "peritus peritorum".I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
