discrezionalità

The paper deals with the mobile boundaries between private autonomy, law, administration and jurisdiction and briefly examines the phenomena of administration by law, simplification and replacement of administration by the administrative judge. Using a lay approach, the paper seeks to find the conceptual coordinates that, without treating the separation of powers as an intangible dogma, can be used to quantify and evaluate the extent to which other authorities have encroached upon the ‘naturally’ assigned domain of public administration.

A request to revoke a measure by means of a petition does not give rise to an obligation on the part of the public administration to take any measure. Consequently, if the public administration does not adopt any act in self-defense its silence does not constitute a default.