Prove tecniche di estromissione dell’avvocato dal processo amministrativo. Il giusto processo amministrativo alla prova del Decreto “Cura Italia”

Abstract

The urgent measures to face the epidemiological emergency “COVID-19” are stated in the Law Decree 17 March 2020. In this regard, the essay critically analyses the art. 84 on the regulatory choice to exclude “oral discussion” from administrative processes. 

It is highlighted the importance of oral argument in the administrative process with respect for constitutional principles and rights, regardless the stated emergency regime.

Although the public emergency contingency plan could implicate derogations from ordinary discipline, these must be minimalized regarding the constitutional and legal rights, among which the oral discussion is certainly included. 

Hence, the drastic abolition of the oral discussion appears unreasonable and disproportionate, since the oral defence is a very useful, perhaps indispensable, value to ensure the full contradictory and then adequate defence in the administrative.