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Autore
De Siano, Ambrogio

Titolo
Contributo sul tema della nullità dell'atto amministrativo
Periodico
Diritto pubblico
Anno: 2013 - Fascicolo: 1 - Pagina iniziale: 269 - Pagina finale: 310

Rather than acting as a stable point of reference for defining the legal status of thefigure, the entry of nullity among the species of invalidity predicable with regardto the administrative act has ended up generating assorted questions (including asto general theory) about the legal treatment of the (diverse typologies of) deformitiesof the administrative act. In view of this, the essay: 1) attempts to re-delineatethe legal system in relation to the nullity of the administrative act, aimingabove all to ascertain the topicality of the 'link' (which historically has been considereda distinguishing trait of nullity) between the plane of (in-)validity and thatof (in-)effectiveness; 2) more generally, the essay investigates the system pertainingto the deformities of the administrative act, which normally is an expressionof the norm-validity/invalidity scheme, verifying the possibility of extending itto the 'moment' of legal relevance, which is considered the presupposition of validity/invalidity. From the description of the 'features' of the system in question,a possible theoretical reconstruction of the essential structure of the administrativeact is inferred: signally, in light of the diversity that exists between the statusof legal irrelevance (which does not permit even making reference to an act) andthe status of nullity (the act exists, but it is null, which, however, does not preventit from being capable of producing effects of its own), within the life cycle ofthe administrative act the elements essential for its existence are isolated from theelements essential for its effectiveness, thus suggesting the conceptual difference(and the difference in terms of legal system) between them.



SICI: 1721-8985(2013)1<269:CSTDND>2.0.ZU;2-H
Testo completo: http://www.mulino.it/download/article/10.1438/75197
Testo completo alternativo: http://www.mulino.it/doi/10.1438/75197

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