I nuovi confini della patologia degli atti amministrativi

Against the background of the relationships between the domestic administrative law and the European legislation, as well as between the public and the private law, the essay analyses the topic of the administrative acts’ invalidity. Considering the autonomy of the administrative law (even on an historical perspective), the paper underlines the inconsistencies implied by the hybridization of branches of law; in this respect, the Author analyses in particular the nullity of the administrative act as regulated by a legislator too interested in creating parallelism with the private law. Furthermore, on the basis of the substantial value of the participation as well as of the strong link between the investigation phases of the proceeding and of the process, the Author focuses on the issues arisen from the art. no. 21-octies, par. 2, l. no. 241/1990, which relegates the participation to a secondary function.