THE RELATIONSHIP BETWEEN ADMINISTRATIVE PROCEDURE AND PROCESS IN THE ITALIAN EXPERIENCE

Abstract

The essay aims to analyze a theme that has
traditionally engaged the best Italian doctrine,
but has an enduring relevance such as the
relationship between administrative procedure
and process in Italy.
For a more effective understanding of the
issues it entails, discussed in the final part
of the paper, it is preceded, in addition to
a preface containing some terminological
clarifications, by a first part concerning
the notion and essential aspects of the
administrative procedure in Italian doctrine
and legislation (law 7 August 1990, n. 241)
and by a second part containing a brief
analysis of the characteristics of the judicial
review in Italy.
In the third part, three models of relationship
between administrative procedure and
trial will be analyzed in particular: that of
separation-indifference, that of alternativity
and that of complementarity-integration.
The evolution of the topic will also be taken
into account in light of the changes that have
occurred over time in Law No. 241, to finally
mention the developments prompted by the
phenomena of automation of decision-making
processes in public administration.

KEYWORDS: Administrative procedure.
Judicial review. Automated decision making.