Fundamental rights and jurisdiction of the administrative judge in the recent evolutionary lines of living law

Abstract

This paper addresses the issue of the jurisdiction of the administrative judge in relation to fundamental rights, with particular reference to the right to health in a recent ordinance of the United Sections of the Supreme Court.

We will observe the evolutions of the division of jurisdiction in our system, starting from the traditional conceptual categories (subjective right, legitimate interest, public service, etc.) and taking into account the recent developments of living law.