INERZIA DELLA PUBBLICA AMMINISTRAZIONE ED EFFETTIVITÀ DELLA TUTELA DEL PRIVATO

The topic of the thesis is the protection of the private, provided by our legal system, against the inactivity and delay of public administration. Quite often indeed the public authorities don’t answer to the private requests into the time established by law. The logic premise of the thesis is in fact that the public administrations should conclude the administrative procedure, by issuing an expressed act into a specific deadline. The thesis is divided into three main parts. The first one focuses on the duty of public administration of adopting a final act at the end of the administrative procedure. In particular, it moves from the assumption that this is not a general duty, but it exists just when the private has a subjective position protected by the legal system. The second part, instead, cares more about the importance of acting in time, according to the new value given to the time. The time schedule of administrative action in fact can have important consequences on private activities, every time they are subjected to the preventive control of public authorities. So, in this part, the thesis deals with the different goals followed by the lawmaker, by establishing a specific term to finish the administrative procedure. Specially we can see how it’s important both for private activity and public one, since the moment that one of the scope is to make the administrative action more efficient. After examining the various purposes, the thesis focuses on what can happen during the administrative procedure, causing the delay in issuing the final act. The third part, instead, studies the three main different instruments provided by the legal system to protect the private. For every tool, we underline the specific interest defended, the effective utility provided and the costs and time for using it, in order to make a comparison among them. The first instrument is a special lawsuit to ask to the judge to condemn the public administration to issue the final act. The second one, instead, is a procedural tool, in the sense that it works into the same administrative procedure. So, if the public body, who has to issue the act, doesn’t observe its duty, the private can ask to another body to take its place, by adopting the final decision. The last instrument, at the end, is a special liability for the damages caused to the private by the public administration’s delay.