Il difficile rapporto fra la "piena giurisdizione" ai fini CEDU, le sanzioni delle amministrazioni indipendenti e il giudizio amministrativo

Translated title of the contribution: [Machine translation] The difficult relationship between full jurisdiction for ECHR purposes, the sanctions of independent administrations and administrative judgment

Research output: Contribution to journalArticlepeer-review

Abstract

[Machine translation] The article analyzes the relationship between the concept of full jurisdiction, descending from the right to a fair trial provided for by art. 6 ECHR, the administrative sanctions imposed by independent authorities and the jurisdiction of the administrative judge. Starting from a recent decision by the Regional Administrative Court of Lazio (Rome, Section. I, sent. n. 567 of 2018), is highlighted how full jurisdiction, a notion developed by the Court of Strasbourg in order to recover ex post, in the judicial phase, those guarantees deriving from fair trial that were not implemented during the administrative procedure, poses some interpretative friction in relation to the non-substitutive nature of the rulings of the administrative judge, in particular with reference to the administrative judge's rulings, in particular with reference to the administrative sanctions adopted in the procedural phase by the independent authorities.
Translated title of the contribution[Machine translation] The difficult relationship between full jurisdiction for ECHR purposes, the sanctions of independent administrations and administrative judgment
Original languageItalian
Pages (from-to)287-322
Number of pages36
JournalDIRITTO E PROCESSO AMMINISTRATIVO
Issue number1
Publication statusPublished - 2020

Keywords

  • Art. 6 CEDU
  • Autorità amministrative indipendenti
  • CEDU
  • Corte di Strasburgo
  • Diritto amministrativo
  • Giustizia amministrativa
  • Piena giurisdizione

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