Despite the importance formally attached to the principle, the Italian legal system is witnessing a progressive ‘weakening’ of the duty to give reasons. This weakening process seems problematic from the perspective of the respect of the rule of law and effective judicial protection of individuals vis-à-vis the administrative action. This phenomenon though is not specific of the only Italian legal system. The analysis of European Law and of the provisions in selected Member States have shown the weakening of the duty to give reasons can be considered a widespread issue.
The ‘Weakening’ of the Duty to Give Reasons in Italy: An Isolated Case or a European Trend? / M. Delsignore, M. Ramajoli. - In: EUROPEAN PUBLIC LAW. - ISSN 1354-3725. - 27:1(2021 Mar), pp. 23-42.
The ‘Weakening’ of the Duty to Give Reasons in Italy: An Isolated Case or a European Trend?
M. RamajoliUltimo
2021
Abstract
Despite the importance formally attached to the principle, the Italian legal system is witnessing a progressive ‘weakening’ of the duty to give reasons. This weakening process seems problematic from the perspective of the respect of the rule of law and effective judicial protection of individuals vis-à-vis the administrative action. This phenomenon though is not specific of the only Italian legal system. The analysis of European Law and of the provisions in selected Member States have shown the weakening of the duty to give reasons can be considered a widespread issue.
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