Autore
Vettori, Nicoletta

Titolo
Amministrazione e diritti fondamentali dello straniero: verso un nuovo modello di tutela giurisdizionale?
Periodico
Diritto pubblico
Anno: 2012 - Fascicolo: 2 - Pagina iniziale: 681 - Pagina finale: 714

The system of jurisdiction applied to non-EU citizens in Italy with regard to thepublic administration is of particular interest because there are many possiblechannels which may apply, either with a civil law judge or an administrative lawjudge. The reasons that justify the competence of administrative jurisdiction areeasy to understand, because they involve claims where the foreigner, as establishedby the classic parameters, has a legal interest. There are instead some problems,at least at first glance, with unifying the justifications of the cases of civil lawjurisdiction in a manner characterized by administrative orders, which are usuallydiscretionary, authoritative, and often also executive. Based on these premises,the author analyzes the system of jurisdiction applied to foreigners, focusing onthree profiles. The first looks for the ratio (reason) behind the numerous cases ofcivil jurisdiction in this area, with a focus on analysis of the most recent constitutionaland general case law. The second involves the decision-making powersthat must be recognized to the civil judge in relation to administrative acts thataffect the basic rights of foreigners. The third involves some cases that evidencethe consequences that derive from the involvement of different judges in the protectionof closely connected legal positions. In general, the analysis of the role ofthe two different jurisdictions in granting the rights of foreigners provides an opportunityto evaluate the effectiveness of the existing model of protection and tooffer some views on the division between the jurisdictions in claims regardingbasic rights.



SICI: 1721-8985(2012)2<681:AEDFDS>2.0.ZU;2-Y
Testo completo: http://www.mulino.it/download/article/10.1438/72682
Testo completo alternativo: http://www.mulino.it/doi/10.1438/72682

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