giustizia amministrativa

The Italian judicial system may be about to make a historic transition: from the mere digitalization of its documents to a judicial activity shaped by the possibilities that digital technology offers, including the use of artificial intelligence techniques in the performance of the judicial function. This contribution offers a summary of the research carried out by the Authors, as members of the research group of the IUSS Pavia, within the NEXT GEN UPP project, launched in 2021 by the Italian Ministry of Justice with the aim of enhancing the digitalization of judicial activities, improving organizational processes and promoting the application of Legal Analytics (LA) tools to legal texts. The activity described in the essay concerns the design of “next-generation templates” functional for the drafting of acts by judges and lawyers: templates capable of maximizing the efficiency of judicial activities and creating an IT environment suitable for the use of the most advanced artificial intelligence technologies.

The adaptation of the administrative justice system to EU requirements is becoming a strategically important task for Ukraine in the context of approximation to European justice standards. Transparency is a key feature of the EU judicial system that guarantees public control, public trust in the courts, openness of court procedures and the efficiency of administrative proceedings to ensure quick and fair resolution of public law disputes. In general, the application of European standards to the Ukrainian administrative justice system has its relevance and prospects, however, it is also necessary to take into account certain problems that arise during adaptation. The purpose of this study is to provide scientific arguments and recommendations for Ukrainian legislators and executive bodies to achieve greater compliance with European standards in the field of administrative justice.

An appeal to the Court of Cassation (against a decision of the Council of State) for reasons of jurisdiction can never concern a principle of law, even if this principle is stated in an interpretive ruling issued by the Council of State. The 'nomophylactic role' attributed to the plenary session of the Council of State (i.e. its exclusive role in the interpretation of the substantive and procedural rules which it applies), is a safeguard of the balance between the two jurisdictions (ordinary and administrative) that is enshrined in the Italian Constitution.

The Author briefly reviews the major problems of administrative justice in the Third Millennium. These include: digitalization and judicial review of automated decisions by administrative judges; the relationships between national and EU law; legal measures to reduce delays in judgments without affecting their effectiveness and the uncertainty of rules and the excessive discretion left to judges.

The Council of State clarifies that during the selection procedures for external lawyers, the Public Administration must verify that the price offered is respectful of the principle of fair remuneration (“equo compenso”), which can protect the legal profession from anti-competitive practices and ensure the quality of the service.

In recent years, the Italian system of judicial protection against public administration has undergone important transformations. Some are connected to the pandemic emergency. Others concern the need to optimize the ability of administrative judges to decide disputes. This contribution underlines how these experiments are a symptom of wider-ranging changes. In particular, these are changes in which the importance of specific organizational factors and the renewal of technical skills suitable for supporting the activity of the judge emerge as determining elements.

The article aims to explore the role of oral hearing in Slovenian and Italian administrative procedural law. In both countries the oral hearing is a pivotal moment in the judicial review of administrative decisions. The study aims to identify common elements in each system to determine a unitary content of oral hearing as a human right.

This is the introductory speech to the Round Table which outlines some of the aspects that have characterized the progress made by administrative justice with a view to tackling a new challenge: that of continuing to ensure a balanced relationship between private and public interests even in the presence of, on the one hand, extensive and significant transformations and, on the other, judicial instruments that are evolving towards hybrid forms, different from the original models.

The damage from delay cannot be protected as compensation in the hypothesis in which the interested party has based his claim on a provision declared unconstitutional at a time following the expiry of the terms for the conclusion of the proceeding since the advantage that one regrets not to have obtained would still have been an advantage contra Constitutionem