Does the Plenary Session of the Italian State Council Become a Common Law Judge?
The article embraces the question of competence of the Italian Council of State (Consiglio di Stato) in the light of orders referred to in Article 99 of the Italian Administrative Procedure Code. The Council of State is a consultative legal-administrative organ, which guarantees the legality of the...
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| Format: | Article |
| Language: | English |
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Maria Curie-Skłodowska University
2018-05-01
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| Series: | Studia Iuridica Lublinensia |
| Subjects: | |
| Online Access: | https://journals.umcs.pl/sil/article/view/6617 |
| _version_ | 1819274245669126144 |
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| author | Giovanni Pesce |
| author_facet | Giovanni Pesce |
| author_sort | Giovanni Pesce |
| collection | DOAJ |
| description | The article embraces the question of competence of the Italian Council of State (Consiglio di Stato) in the light of orders referred to in Article 99 of the Italian Administrative Procedure Code. The Council of State is a consultative legal-administrative organ, which guarantees the legality of the public administration. It is considered a bastion of the rule of law. Therefore, the author asks questions regarding the transformation of the system of justice in administrative cases towards common law. Conclusion: the administrative jurisdiction applies its competences for the benefit and protection of a citizen. Based on Article 99 of the Administrative Procedure Code, the mechanism consisting in applying the precedential practice imposes the forms of institutional cooperation in the administrative jurisdiction system. The author claims that a binding precedent is fully consistent with the principle of the rule of law and legality. |
| first_indexed | 2024-12-23T23:05:22Z |
| format | Article |
| id | doaj.art-a2d6f0e693824c7eaadf49a9f967aa4b |
| institution | Directory Open Access Journal |
| issn | 1731-6375 |
| language | English |
| last_indexed | 2024-12-23T23:05:22Z |
| publishDate | 2018-05-01 |
| publisher | Maria Curie-Skłodowska University |
| record_format | Article |
| series | Studia Iuridica Lublinensia |
| spelling | doaj.art-a2d6f0e693824c7eaadf49a9f967aa4b2022-12-21T17:26:50ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752018-05-0127110.17951/sil.2018.27.1.1675000Does the Plenary Session of the Italian State Council Become a Common Law Judge?Giovanni Pesce0Administrative Lawyer, RomeThe article embraces the question of competence of the Italian Council of State (Consiglio di Stato) in the light of orders referred to in Article 99 of the Italian Administrative Procedure Code. The Council of State is a consultative legal-administrative organ, which guarantees the legality of the public administration. It is considered a bastion of the rule of law. Therefore, the author asks questions regarding the transformation of the system of justice in administrative cases towards common law. Conclusion: the administrative jurisdiction applies its competences for the benefit and protection of a citizen. Based on Article 99 of the Administrative Procedure Code, the mechanism consisting in applying the precedential practice imposes the forms of institutional cooperation in the administrative jurisdiction system. The author claims that a binding precedent is fully consistent with the principle of the rule of law and legality.https://journals.umcs.pl/sil/article/view/6617council of stateprecedentadministrative proceedings |
| spellingShingle | Giovanni Pesce Does the Plenary Session of the Italian State Council Become a Common Law Judge? Studia Iuridica Lublinensia council of state precedent administrative proceedings |
| title | Does the Plenary Session of the Italian State Council Become a Common Law Judge? |
| title_full | Does the Plenary Session of the Italian State Council Become a Common Law Judge? |
| title_fullStr | Does the Plenary Session of the Italian State Council Become a Common Law Judge? |
| title_full_unstemmed | Does the Plenary Session of the Italian State Council Become a Common Law Judge? |
| title_short | Does the Plenary Session of the Italian State Council Become a Common Law Judge? |
| title_sort | does the plenary session of the italian state council become a common law judge |
| topic | council of state precedent administrative proceedings |
| url | https://journals.umcs.pl/sil/article/view/6617 |
| work_keys_str_mv | AT giovannipesce doestheplenarysessionoftheitalianstatecouncilbecomeacommonlawjudge |