European Business Law Review

Volume 23 (2012)

Volume 23 (2012) / Issue 5

Gianluca Maria Esposito, 'The Effect of the Principle of Two Levels in Administrative Judgment: On the Principio Della Domanda and Principio Dispositivo' (2012) 23 European Business Law Review, Issue 5, pp. 831–859

Abstract

The main aim of this article is the mutual implication in the administrative process between the principle of the two levels of jurisdiction and the principio della domanda (the principle of the right to bring proceedings) and the principio dispositivo (the principle of the parties delimiting the scope of the case). The principio della domanda performs in the first instance all its legal significance, giving the parties the absolute rule on the issues that the Court should define. The principio dispositivo, on the contrary, presents it self in the administrative procedure in that particular form defined "principio dispositivo with an acquisitive method."

The principle of two levels of jurisdiction and, in particular, the interpretation the Code of Administrative Procedure provides through the discipline of the appeal affect principio della domanda and principio dispositivo. On appeal, the parties do not have the power to bring new evidence or to produce new documents in respect to the first instance. Hence, it can be asserted that the power of the parties is compressed compared to that exercised in the first instance, while the power of investigation of the Court of its own motion, does not know a similar limitation.

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ISSN: 0959-6941
ID: EULR2012036