Sul soccorso istruttorio nel diritto amministrativo generale. Inquadramento teorico, principî e interessi protetti

This paper aims at studying the general administrative power to request the regularization of declarations and documentation exhibited by the applicant within the administrative procedures. In the context of the legal theory on the fact-finding phase, the authors discuss the dutifulness of the ‘power of relief’ by virtue of the general principles on the administrative activity and the self-responsibility of the proposing party. The study critically highlights those scholars’ opinions that, based on the private interest to the positive outcome of the administrative procedure, narrow down the application of the power of relief due to the applicant’s burden of allegation and proof. Lastly, the authors propose a different thesis which qualifies the power of relief as an autonomous procedural duty and emphasizes the centrality of the public interest pursued by the public administration.