Il “merito amministrativo”. Contenuto, rilievo giuridico e correlata “giurisdizione”

COTZA, PAOLO

2012-01-01

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Abstract

The complete rehabilitation of “administrative merit” (regarding content and legal relevance) so as to allow administrative activity to be subject to judicial review must pass through its functional liberation from discretionality (traditionally characterised by a composition of interests in conflict). However, in order for this process to apply to the global legal experience, administrative merit must be treated no longer on a “case by case” basis (extemporaneously) but rather generally on a theoretical level, especially with the aid of epistemology. In fact, the review of administrative merit in order to evaluate managerial activity, according to a legal scheme based on results (rather that predictability-guarantees) implies an option in favour of the “hermeneutic circle”.