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.
2025
Ateneo di appartenenza
Administrative justice, regional courts and legal certainty. A comparative overwiew
Vera Parisio
SH2_7 Political systems and institutions, governance
SH2_8 Legal theory, legal systems, constitutions, comparative law
SH6_6 Modern and contemporary history
Comitato scientifico
Inglese
Internazionale
STAMPA
101
115
15
9791221116939
G. Giappichelli Editore
Torino
ITALIA
Regional Administrative Courts (TAR) - Italy - Establishment - Administrative justice
no
Goal 16: Peace, justice and strong institutions
2 Contributo in Volume::2.1 Contributo in volume (Capitolo o Saggio)
1
268
none
Paletti, Federica
info:eu-repo/semantics/bookPart
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11379/634545
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