Sulle pronunce interlocutorie nel processo amministrativo. Sviluppi normativi, criticità e prospettive del trattamento (con particolare riguardo all'ordinanza cautelare)

Cotza, Paolo

2025-01-01

---

Abstract

The paper starts from a comparative review of the jurisprudence on the point of interlocutory rulings, current under the previous and current regulations. This, in order to detect the conceptual limits of that 'former' and make the necessary corrections also in a systematic key, also dwelling on the criticalities of the related treatment. In this last regard, attention has focused: first, on the burdens that both the parties and the judge should bear; therefore, on the potential that the precautionary ruling can express on the basis of a dogmatic-epistemological review on the exercise of discretion as well as on the functional sense of the corresponding procedural phase and the principle of the prevalence of substance over form, so as to integrate (possibly) the connotations of an interlocutory judgment.