In a process among parties, as the administrative one, the principles of cross-examination, joinder of causes of action, due process have to find real application. The opposing party is a formal and substantial part, as well as the individual who appealed and as the resistant Public Authority. He is identifiable on the base of two fundamental elements which must exist necessarily and simultaneously: the formal element, stemming from explicit mention of the subject in the challenged measure, or from its immediate identifiability, and the substantial element, stemming from the acknowledgement of the his interest to the retention of existing situation.
La tutela del controinteressato nel processo amministrativo: aspetti sostanziali e processuali
D'ARIENZO, Mariaconcetta
2009-01-01
Abstract
In a process among parties, as the administrative one, the principles of cross-examination, joinder of causes of action, due process have to find real application. The opposing party is a formal and substantial part, as well as the individual who appealed and as the resistant Public Authority. He is identifiable on the base of two fundamental elements which must exist necessarily and simultaneously: the formal element, stemming from explicit mention of the subject in the challenged measure, or from its immediate identifiability, and the substantial element, stemming from the acknowledgement of the his interest to the retention of existing situation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
