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. |