Strumenti alternativi di risoluzione delle controversie pubblicistiche

According to existing legislation and to consolidated doctrine, alternative remedies are not suitable for public law disputes. However this point should not be taken as a postulate. The dogma of the administrative power reconnects to an abstract idea of public interest, together with the conviction of an absolute and inexhaustible power in administrative action. However, as that power is not any more the central point in administrative law, but scholars focus on the objective law regulating and limiting the exercise of that power, alternative remedies become different ways of applying objective law, the same objective law applied by administrative authorities at first instance. In that perspective, the question of the suitability of alternative remedies in public law disputes is not a matter of limits, but of methods and criteria. The need to find a middle ground between the administrative procedure and the judicial proceeding passes through both the enhancement of the power of self-defense, both through the configuration of a consensual stage within an on-going judicial proceeding.