The substantive and procedural autonomy of procedural interests as fundamental rights

Abstract

The paper traces the doctrinal orientations aimed to identify the legal nature of the private party’s position with respect to the procedural obligations to which the public administration is bound in the exercise of its power. The paper stresses how, also in the light of the recent case law arrests on the subject of accountability for social contact, procedural interests can be configured as a possible autonomous subjective legal situation with respect to the public administration that, by now, acquires its own characteristics, not only from a substantive perspective, but also with regard to protection. In this perspective, it is also possible to classify procedural interests in the category of fundamental rights, stressing their function of guaranteeing the full development of the person in his relations with the public administration, in implementation of Articles 2 and 97 of the Constitution.