Federico Gaffuri

Associate Professor of Administrative Law at the University of Milan and Lawyer at the bar of Milan

The article discusses issues concerning the identification of a Public Administration’s certified electronic email (CEM) box, which is valid for the transmission of judicial proceedings. Firstly, we illustrate the legislation - complex, uncoordinated and unclear - regulating the delivery of judicial proceedings via the digital domicile of the P.A. Furthermore, we examine the case law – still fluctuating - which has been formed on the subject; we also indicate the hypothesis in which the notification of judicial proceedings to a CEM address other than the one provided for this purpose by the Administration is considered to be fully valid and effective, and the legal reasons for this interpretation.

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Article 6bis of Law no. 241/1990 governs the conflict of interest in exercising administrative power; however, this legal rule does not provide a definition of “procedural conflict of interest” and it does not define the nature of the procedure requiring the public servant to abstain. The present study analyses the doctrinal and jurisprudential orientations formed with regard to the aforementioned notion and attempts to identify the application area of the institute.

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