L’elaborazione dottrinale sull’autotutela decisoria ad esito eliminatorio nei confronti del provvedimento nullo

Abstract

The increased interest of the legislator in administrative self-defense, particularly shown by ll. nos. 164/2014 and 124/2015 and spilled over to the same doctrine, in which the idea of a re-elaboration of the institute in general terms is widespread, brings to the attention of the scholar of the administrative procedure a renewed stimulus for the issue of self-protection against of the null measures, on which no dedicated study has been found so far.

In fact, while the doctrine has dealt extensively with the theme of administrative self-protection since the Benvenutian reorganization of the late fifties, the legislator has only addressed it in the twenty-first century starting from l. n. 15/2005, with respect to which the reforms of 2014 and 2015 represent a further advance in the countertrend to break away from the substantial lack of interest shown towards the institute in the last century.