Giudicare la Pubblica Amministrazione : tra diritti soggettivi e interessi di classe

The construction of the Italian administrative justice system is based on the distinction between subjective rights and legitimate interests. However, the system - from the institution of the IV Section of the Council of State until today - has continued to stand up through the crystallization of the special jurisdictions operated by the Republican Constitution. The internal legal culture has voluntarily constituted the "actionable" action space of the Public Administration, through some “concordati”, ie agreements in which the top magistrates expressed the "will" to ensure a certain level of judicial protection to citizens and to ensure an equally clear field of discretionary action for public administrations. The socio-juridical analysis can lead to critically analyze the interests and values declared or concealed, however underlying the apparently technical-legal problem of the division of jurisdiction.