Legitimacy and interest of the third party intervener in administrative process: evolutionary profiles

Abstract

Article 28 of the Administrative Process Code, if on the one hand it has introduced a more detailed regulation of intervention, on the other hand it has not resolved the numerous doubts as to the conditions of admissibility of intervention. The purpose of this contribution is to ascertain in what terms the principles of Article 81 and Article 100 of the Code of Civil Procedure can be extended to intervention and to what extent they apply to administrative proceedings for the purpose of selecting the third parties actually entitled to participate, in relation to the generic notion of third party consociate with respect to res inter alios acta.