The disapplication of administrative acts as a possible consequence of the resolution of conflicts between authoritative precepts

Abstract

This essay is the result of a broader study on the disapplication of administrative acts, as an alternative technique to the annulment and the declaration of nullity, both by the judge - especially the administrative one - and by the public administration. The research tends to demonstrate that in the administrative process this activity can be considered practicable non only for the regulations, but also for general acts and punctual acts, albeit with some limits. However, the research also tends to highlight that, as far as the administrative function and administrative procedure are concerned, the disapplication is generally in breach with the principle of legality, while the non-application is usually possible as a faculty which can be traced back to the administrative power already existing.