Non-discretionatary Administrative Action and Res Judicata

Abstract

The paper deals with the relationship between the judicial application of the rule laid down by art. 21-octies, par. 2, first sentence, L. 7 August 1990, No. 241 and the scope of the objective limits of ‘res judicata’. The Author defines the judicial assessment on the overall validity of the non-discretionary administrative act pursuant to the above-mentioned legislative provision as a ‘preliminary question’ covered by the res judicata. The consequences of such theoretical option are highlighted with reference to the opposite hypotheses of granting and rejecting the applicant’s claim.