The establishment of the Regional Administrative Courts (TAR), enacted by the law of 6 December 1971, represents a pivotal moment in the histori- cal development of administrative justice in Italy. The process that led to the creation of this new jurisdiction was neither immediate nor linear, due to the various demands and expectations surrounding the administrative justice system. The paper will highlight key moments and developments during the early Republican period that culminated in the 1971 reforms. The sequence of phases in which the establishment of a first-instance administrative court was debated demonstrates that much more was at stake than the sim- ple implementation of constitutional judicial protections. It was also a mat- ter of defining the boundaries and scope of administrative action, as well as the limits and reach of executive power within a democratic state.
The establishment of the Regional Administrative Courts (TAR) in Italy: a historical legal perspective
paletti federica
2025-01-01
Abstract
The establishment of the Regional Administrative Courts (TAR), enacted by the law of 6 December 1971, represents a pivotal moment in the histori- cal development of administrative justice in Italy. The process that led to the creation of this new jurisdiction was neither immediate nor linear, due to the various demands and expectations surrounding the administrative justice system. The paper will highlight key moments and developments during the early Republican period that culminated in the 1971 reforms. The sequence of phases in which the establishment of a first-instance administrative court was debated demonstrates that much more was at stake than the sim- ple implementation of constitutional judicial protections. It was also a mat- ter of defining the boundaries and scope of administrative action, as well as the limits and reach of executive power within a democratic state.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
