The legal-subjective situations that can be protected in proceedings against silence in default: food for thought

Abstract

This essay explores two problematic aspects concerning the judicial protection against silence-nonexecution. The first refers to the «specific matters» (art. 103, Constitution) which allow the legislative entrustment of certain controversies to the exclusive jurisdiction of the administrative judge. The second, closely connected to the first, concerns the limitation, affirmed by the almost unchallenged jurisprudence and by the dominant doctrine of the protection against the Public Administration of the juridicalsubjective positions of legitimate interest, for the purpose of activating the rite on the non significant silence (art. 31, 117 and 133, Code of administrative trial) and its related implications