Attività vincolata dell’amministrazione e sindacato giurisdizionale

Abstract

This paper aims the administrative judge’s powers of inquiry in the administrative act in the light of art. 21-octies of l. n. 241/1990 and art. 31 and 34 of the Administrative Process Code, and also in the light of administrative jurisprudence. The purpose is to verify if these rules represent a limit to the Supreme Court’s thesis, about a new line of division between the jurisdictions’ areas of interest based not on the existence of public power, but on its discretionary nature.