Administrative Power and Subjective Positions

Abstract

This paper proposes a reconstruction of administrative power as a legal position whose substance is defined in relation to the normative structure of the administrative action. After reviewing the various conceptions of power and of the legal position connected to it – namely, the interesse legittimo – we adopt an approach that, starting from the procedural structure of administrative proceedings, correspondingly characterizes the relevant subjective legal positions, both substantive and procedural. Particularly, we demonstrate how such a reconstruction entails a specific characterization of the administrative discretion, which in turn enables us to define the individual’s legal position vis-à-vis administrative power in terms of entitlement to the final benefit.