Germania und Italia: Eine verwaltungsrechtliche Wahlverwandtschaft?

Abstract

Germania and Italia: An Administrative Affinity?

The influence of German models on Italian law over the past centuries manifests itself on different levels and in diverse forms. This article analyses some current questions to which Italian scholars have dedicated special attention. In order to be systematic the contribution is divided into three thematic areas. It first considers the influence of some formative principles of German Administrative Law on Italian legal culture. It then explores the German influence on Italian administrative procedures. The final area deals specifically with concepts of Italian administrative judgement that have been influenced in diverse forms by the German legal culture. This analysis reveals the strong sway that German Legal Scholarship and German Law have had on Italian legal dogma and legislation. These have contributed directly, as well as indirectly through EU Law, to the improvement and refinement of principles and provisions of Italian Administrative Law. The recent reforms of remedies in administrative law can also, on the face of it, be connected to the German codification, which itself has been the subject of various studies that are also considered in this contribution.