Verso il processo amministrativo digitale: le procedure telematiche nel nuovo processo amministrativo

Studying the Italian procedure, one have to disappoint the lenght of the administrative process. The aim of this thesis is to study one of the way to short it and to ensure timely and efficient exercise of administrative justice, creating the amministrative telematic process. I review the vigent italian laws and regulations about the institution of such process. Then I consider the status of application, the perspectives and the develpoments. The most important and innovative law on the topic is d.l. n. 90/2014, converted as law L. 114/2014. It challenges the ‘Codice del Processo Amministrativo’ in a lot of topics and we should distinguish the most relevant: -the mailing of the legal notifications throught the system of autentication mail called Pec, an acronym meaning ‘Posta elettronica cerificata’; - the notifications by PEC of the acta sent by the lawers; - to sign by digital signature the acta of the judge, of the ‘amici curiae’, of the administravive staff and of the lawyers. After studying the laws, the scholarship and the sentences concerning the use of electronic and telematic instruments, I try to expose the structure, the application, the practicse, and the effect on the administrative organization and on the process actors. The first chapter I discuss the following topics: -the telematic deposit of acta and documents have just been well known in the italian courts, but it is just a parallel practicse, and it is not the principal and effective way of legal storage. It remains the paper based one; - the Pec mailing is compulsory and exclusive ex art. 42 del d.l. 90/2014. The law extends civil procedural norms to the amministrative process; - the Adunanza Plenaria del Consiglio di Stato del 10 dicembre 2014 n. 33 had aknowleged the PEC mailing in the administrative process; - the laws planned procedures, not just acting: the main case is rapresented the electronic signature of acta and documents; The second chapter I try to sum up a very controversial question: can the lawyer during the admistrative process notify by PEC the recurse as does the lawyer during the civil process? Different and diametrial Tribunali Amministrativi Regionali sentences have been pronunced in the last years and in the last months: the ones prohibited the PEC notification; the others permitted to notify by PEC. As I can consider, the problem may be studied by two different point of view: I try to indicate the dicotomy, adopting two categories of sentences, the formalists and the evolutionists, in other words the courts applying a formalist method, and an innovative one. The ‘formalists’ dinied this way of notification by PEC, waiting to adopt this notification only after the legislation have been completed. The ‘evolutionsts’ are more open to this way of notification by PEC, emulating the civil law procedure. Concluding, I have not a solution. Simply I guess that the digital, electronic and telematic instruments will give a strong contribution to a new and easy legal system open to the citizens.