In recent years, in several EU Legal systems, remedies have been put in place to guarantee both a final dispute resolution and the safeguard of authorities’ decisions and their effects from the disruption caused by annulment. These tools, encouraging or allowing the correction or substitution of the challenged decision during judicial proceedings, often stem from pragmatic case-law and seem to demonstrate a rising concern for legal certainty and efficiency. At the same time, they also raise serious concerns about fundamental principles such as due process, separation of powers and the right to a fair trial.

Condorelli, M., ADMINISTRATIVE LOOPS AND THE ‘CORRECTION’ OF CONTESTED DECISIONS PENDING JUDICIAL REVIEW: EFFICIENT TOOLS FOR THE FINAL SETTLEMENT OF DISPUTES?, <<ITALIAN JOURNAL OF PUBLIC LAW>>, 2024; 2024/1 (1): 197-238 [https://hdl.handle.net/10807/272599]

ADMINISTRATIVE LOOPS AND THE ‘CORRECTION’ OF CONTESTED DECISIONS PENDING JUDICIAL REVIEW: EFFICIENT TOOLS FOR THE FINAL SETTLEMENT OF DISPUTES?

Condorelli, Martina
2024

Abstract

In recent years, in several EU Legal systems, remedies have been put in place to guarantee both a final dispute resolution and the safeguard of authorities’ decisions and their effects from the disruption caused by annulment. These tools, encouraging or allowing the correction or substitution of the challenged decision during judicial proceedings, often stem from pragmatic case-law and seem to demonstrate a rising concern for legal certainty and efficiency. At the same time, they also raise serious concerns about fundamental principles such as due process, separation of powers and the right to a fair trial.
2024
Inglese
Condorelli, M., ADMINISTRATIVE LOOPS AND THE ‘CORRECTION’ OF CONTESTED DECISIONS PENDING JUDICIAL REVIEW: EFFICIENT TOOLS FOR THE FINAL SETTLEMENT OF DISPUTES?, <<ITALIAN JOURNAL OF PUBLIC LAW>>, 2024; 2024/1 (1): 197-238 [https://hdl.handle.net/10807/272599]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/272599
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