Pier Luigi Portaluri

Full Professor of Administrative Law, University of Salento.

In the Italian legal system – a constitutional State that has emerged from the ferocious totalitarianisms of the 20th century – access to judges is filtered by a control of worthiness that is based on indeterminate concepts, namely variable and personal tables of values. It is therefore possible – necessary, perhaps – to use the paradigm of legitimacy to argue for a broadening of access. It is necessary to loosen, if not quite sever, the hitherto tight and suffocating bond between the proximity of the subject to the physical place where the administrative decision impacts, and the actionability of the claim. There is a minimum objective, recently framed by the Plenary Assembly of the Council of State: to understand vicinitas in terms of contiguity that is no longer only material, but also axiological. And then a more ambitious one: to “de-subjectivise” the claim, to the point of configuring trans-subjective rights, that is, “without master”.

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