The extension of the public administration’s responsibility in Italy
Type de matériel :
TexteLangue : français Détails de publication : 2013.
Sujet(s) : Ressources en ligne : Abrégé : New developments in Italian law over the last fifteen years and, more specifically, case law from judicial and administrative judges, suggest a significant extension of administrative responsibility. Indeed, for the first time, in 1999, the Italian Supreme Court provided for administrative liability stemming from an illegal act due to damage to a legitimate interest, not for infringing of a subjective right. Thereafter, developments in case law testify to the different trends that have extended administrative responsibility. This leads us to questioning the existence of a law specific to administrations, as civil law remains the point of reference.
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New developments in Italian law over the last fifteen years and, more specifically, case law from judicial and administrative judges, suggest a significant extension of administrative responsibility. Indeed, for the first time, in 1999, the Italian Supreme Court provided for administrative liability stemming from an illegal act due to damage to a legitimate interest, not for infringing of a subjective right. Thereafter, developments in case law testify to the different trends that have extended administrative responsibility. This leads us to questioning the existence of a law specific to administrations, as civil law remains the point of reference.
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