Sindacato del giudice amministrativo su questioni pregiudiziali relative a diritti. Contributo di metodo

Cotza, Paolo

2025-01-01

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Abstract

Starting from a review of the most recent jurisprudence, it has been noted that the institution is affected by the travails that have characterized any attempt to achieve a complete arrangement in the more general division between jurisdictions, of the Administra tive Judge and the Ordinary Judge. Therefore, it was decided to proceed with a preliminary statement on the relevant legal coordinates of value extraction, which was followed by a reorganization of the (normative type of) problem (general and, therefore, of that) just ad dressed, according to the purely dogmatic perspective: updating of concepts as well as complementarization of the reference principles. Hence, a work of revisiting the institution on the basis of a comparison with the ‘bordering’ ones, overcoming a ‘subjective’ approach: as for the question, emancipating it from perspective; as for the judicial prerogative of ‘opportunity’ in the choice of incidental cognition, linking it to the investigative burdens according to the ‘effectiveness’ of the protection as prevailing over the request for ‘concentration’.