Abstract

While the Spanish Constitution (article 103) expressly establishes the principle of "objectivity" of administrative action, in the same article in which the principle of "impartiality" is stated below, the Italian Constitution (Article 97) establishes the principle of administrative "impartiality", without, in any case, using the phrase "objectivity". Likewise, the general law of Italian administrative procedure (L. 241/1990), in setting the general principles of administrative activity, follows the same scheme. However, by examining the Italian legal system, it can be observed that, on numerous occasions, both the current legislation and the case law expressly refer to the principle (or canon or criterion) of "objectivity" of the Administration's actions. In light of these symptoms, it seems appropriate to ask about the existence and consistency of the paradigm of administrative "objectivity" in Italian law. In the present work the relations between impartiality and objectivity are explored. From the analysis of jurisprudence and normative sources, there seems to be a tendency to circumscribe "objectivity" to a specific meaning. The principle of objectivity, in this meaning, is identified with a duty of self-limitation, preventive and analytical, by public administrations, through a self-binding assessment criteria and procedural schemes established and published by the same Administrations, with the In order to take subsequent decisions not completely bound by law. The principle of objectivity, in itself, can occupy an autonomous space within a wider circle represented by the principle of impartiality. The technique of reducing the administrative bias of the principle of objectivity, in particular, seems to consist in the de-subjectivization of the discretionary valuations of public administrations.

Autore Pugliese

• Monteduro Massimo

Tutti gli autori

• M. MONTEDURO

Titolo volume/Rivista

DOCUMENTACION ADMINISTRATIVA

Anno di pubblicazione

2011

ISSN

0012-4494

ISBN

Non Disponibile

Numero di citazioni Wos

Nessuna citazione

Ultimo Aggiornamento Citazioni

Non Disponibile

Numero di citazioni Scopus

Non Disponibile

Ultimo Aggiornamento Citazioni

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Settori ERC

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Codici ASJC

Non Disponibile