Reflections on administrative judicial procedure and subjective juridical situations in dialogue with andrea carbone

Abstract

The article intends to propose some reflections aroused by Andrea Carbone's monograph dedicated to power and subjective juridical situations in administrative law. The attention is focused in particular on two aspects: the object of administrative judicial procedure with regard to action for annulment and action for enjoinment.; the exercise of residual administrative discretion in the context of the action for enjoinment. With reference to the first aspect, it is noted that both the actions have as their object the subjective juridical situations, although there are differences in terms of the extent of the assessment. With regard to the second aspect, it is emphasized that, when discretion is exercised in the judicial procedure unfavorably to the private, the assessment of the substantial claim, and therefore the sentence to adopt the adminstrative act, requires further action for annullment.