The article examines the rules of evidence in the Italian system of administrative justice and shows how the issue of rules of evidence does not seem of a secondary importance in relation to other issues of administrative justice such as jurisdiction, the powers of the judge, preliminary injunctions, compliance, etc., but it is considered “the central moment of the whole administrative trial”. The aim is to highlight the leitmotiv of Benvenuti’s analysis referred to the position of inferiority of the citizen vis-à-vis the public administration and his prospective of creating new concept of relationships among Public Administration and Citizens based on the theory of egalitarian administrative law, which would come (and then has come) into an existence through the creation of legal tools within the administrative procedure and the administrative trial and their further improvement.
THE RULES OF EVIDENCE IN THE ITALIAN SYSTEM OF ADMINISTRATIVE JUSTICE
CRISMANI, ANDREA
2016-01-01
Abstract
The article examines the rules of evidence in the Italian system of administrative justice and shows how the issue of rules of evidence does not seem of a secondary importance in relation to other issues of administrative justice such as jurisdiction, the powers of the judge, preliminary injunctions, compliance, etc., but it is considered “the central moment of the whole administrative trial”. The aim is to highlight the leitmotiv of Benvenuti’s analysis referred to the position of inferiority of the citizen vis-à-vis the public administration and his prospective of creating new concept of relationships among Public Administration and Citizens based on the theory of egalitarian administrative law, which would come (and then has come) into an existence through the creation of legal tools within the administrative procedure and the administrative trial and their further improvement.File | Dimensione | Formato | |
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