Il risarcimento dei danni nel giudizio di ottemperanza alla luce delle novità introdotte dal codice del processo amministrativo

The remedy of compliance, that has a mixed nature, both of cognition and executive nature, may be exercised in all cases of inaction of Public Authority, avoidance or violation of res judicata, as well as for the appeal of acts adopted by the Commissioner ad acta. In this phase the judge does not simply dictate mere execution measures but also the implementation of the res judicata and he can judge, for the first time in this context, also the request for compensation using the powers which pertain the judge of cognition.