Il processo amministrativo: dall'atto al rapporto

The present work deals with the procedural implications deriving from the substantial enhancement of the relationship between Public Administration and citizens. In fact the doctrine has re-evaluated this relationship conceiving it as a rapport characterized by the equality of the parties, overcoming the idea of Administration’s superiority. The acceptance of such an approach has resulted in the legislative attribution in favor of citizens of even more incisive claims against the State, primarily procedural, contributing to attenuate the distance between rulers and governed. This requirement has needed the modification of trial’s structure, which aimed primarily at protecting the Administration interests and only accidentally the citizen needs. The research analyzes the progressive change of the administrative process and his function, aimed to achieve the equality in the relationship between State and citizen and to apply the principle of effective judicial protection, which, according to the doctrine, constitutes the guiding principle of many legislative procedural measures. These have introduced many different instruments that have contributed, with the help of the jurisprudence, to focus the process on the evaluation of the relationship between citizens and Administrations. The research deals with the problems deriving from such valorization, and in particular the relationship with the Administration's prerogatives, consisting in the freedom to autonomously make their own choices without the judge interfering with them.