ItalyLink.com Logo
Home

Home

Administrative Justice

By the term administrative justice is intended the complex of juridical arrangements provided to ensure conformity with the law, and in expressly indicated cases the principles of opportunity and reasonableness, where administrative acts are concerned. The centre of these means is judicial action, administered by Tribunali Amministrativi Regionali located in each regional capital.
Administrative proceedings deal particularly with the annulment, or rather the elimination, of acts that do not conform to the laws by which they are governed. Also in administrative justice the principle of initiative by the interested party is in force, since proceedings cannot be begun by the judicial organ. As the conformity of administrative action to the law has a wider relevance than just that for the parties to the case, the judge is empowered to undertake certain investigative activities. He may, for example, order the public organ to submit determined documents so that a decision may be reached.
Again in administrative justice, the losing party has the option of requesting a review of the entire case. The relevant authority of appeal here being the Consiglio di Stato, situated in Rome. Judgement of the Consiglio di Stato on appeal is definitive and no further remedy exists, apart from in exceptional circumstances similar to those in civil justice.
Alongside the proceedings in the Tribunali Amministrativi Regionali, administrative justice includes safeguards operating within the administration itself and that take the form of administrative appeals. These mainly consist of requests by the administered to the administrative authority for the reform or annulment of provisions. Various types of administrative appeal can be distinguished according to whether it is presented to the same authority, a superior authority or the Head of State; each have their own forms and terms.
Finally, there is the Corte dei Conti, again in Rome, which presides over public accounts and pensions.

Home