Sulla legittimazione ad agire nel processo amministrativo. A proposito di due recenti monografie

Taking advantage of two very recent books, the essay analyses the issue of the legal standing before the Italian administrative jurisdiction. In particular, the paper focuses on the alternative among two different solutions: on one hand, the theory of legittimazione sostanziale, according to which only those who could actual prove their legitimate interest have access to the court; on the other, the theory of legittimazione processuale, under which the jurisdictional protection must be guaranteed to all who could merely claim to have a legitimate interest, even if at the end of the process it turns out that their claim for protection was unfounded. Trying to find a solution to this problem, the article ends up facing the role of courts in the Italian constitutional system and, above all, the relationship between them and the bodies who has got the law-making power.