Subjective legal positions are legally irrelevant firstly, because they have superindividual features and they do not refer to a specif subject. There are many legal scholars who have qualified the interests such as interests of a purely factual and they have started the discussion of legal consistency of common interests and arrangements of protection. Many docrtinal conflicts about protections way of collective interests started due to the conflicting between collective nature of the interests and personal nature of common interests. The problem of relevance has been overcame through the attribution of legal standing to exponential authorities, bearers of collective interests, then it has gone in search of the ways of protection both in procedural and in the judicial. Collective action that finds its most typical expression in the US class action has also been welcomed in our system and also with regard to public administration, aimed at overcoming the inefficiencies and reduce bureaucracy delays, with a view 'transparent administration and higher quality. In conclusion the discussion can be said dormant, because the common interest have been overcame instead the assimilation of the candidate positions is increasing, relied by collective bodies to individual rights.
La qualificazione degli interessi plurisoggettivi e l’evoluzione dei mezzi di tutela nel sistema amministrativo
PIRAS, CLAUDIA
2016-03-29
Abstract
Subjective legal positions are legally irrelevant firstly, because they have superindividual features and they do not refer to a specif subject. There are many legal scholars who have qualified the interests such as interests of a purely factual and they have started the discussion of legal consistency of common interests and arrangements of protection. Many docrtinal conflicts about protections way of collective interests started due to the conflicting between collective nature of the interests and personal nature of common interests. The problem of relevance has been overcame through the attribution of legal standing to exponential authorities, bearers of collective interests, then it has gone in search of the ways of protection both in procedural and in the judicial. Collective action that finds its most typical expression in the US class action has also been welcomed in our system and also with regard to public administration, aimed at overcoming the inefficiencies and reduce bureaucracy delays, with a view 'transparent administration and higher quality. In conclusion the discussion can be said dormant, because the common interest have been overcame instead the assimilation of the candidate positions is increasing, relied by collective bodies to individual rights.File | Dimensione | Formato | |
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