La partecipazione procedimentale: Feliciano Benvenuti e la riforma della legge n. 241 del 1990 digital
formato: Articolo | JUS - 2008 - 2-3
Within the doctrine of Feliciano Benvenuti, the participation of citizens in administrative proceedings plays a leading role. Benvenuti’s basic idea is that by participating in administrative proceedings the citizen are able to exercise sovereignty. A general discipline of private participation in administrative proceedings has been introduced in the Italian law system only by Act August 7th, 1990, n. 241, recently modified in 2005. The purpose of this short essay is to verify whether Benvenuti’s innovative theories have been acknowledged by Italian legislation. The critical conclusion is that, althought «due process of law» can now be considered among the Italian Republic constitutional values, some legislative provisions enacted in 2005 nevertheless risk weakening the principle of participation.
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