Nuove frontiere della legittimazione a ricorrere nel processo amministrativo (con particolare riguardo alla materia ambientale)

According to the canons of subjective jurisdiction and of the impulse of the party (of the request, with the corollary of the dispositive principle), the action, as currently understood (a series of rules that regulate a series of acts, and from which a series of subjective legal positions arises), is ‘sculpted’ by the traditional definition of the ‘need for jurisdictional protection’, whereby: one is presented as a prerequisite for obtaining a judicial provision, which can assume a different content depending on whether the action itself is reconstructed as a right to obtain a favourable provision or as a right to a provision on the merits tout court; the other must be configured as indispensable to remedy a situation that is detrimental to the substantial position of the interested party, otherwise not protectable.