Ruit hora: guarantee of the individual’s time and judicial remedies against administrative inaction

Abstract

This essay, brought the timing of administrative action to the paradigm of art. 1183 c.c., aims to investigate the coherence of the judicial protection against administrative inaction as it came to be posited in the “living law”, with constitutional rules on the protection of citizens’ rights and the most recent and accredited reflections on the relationship between citizen and power. The analysis, taking into account the jurisprudential orientations and codified norms, has revealed an unusual application of some legal institutes (i.e., interest to act and precautionary protection) with respect to both the judicial annulment and the civil procedure rules. The civil procedure rules, however, should be the model to refer to in order to make the judicial protection of the administrative inaction consistent with the requirements of the Constitution and with the object of the administrative process.