Giurisdizione di merito e full jurisdiction: una riflessione alla luce del pensiero di Antonio Amorth

The essay examines the thought of Antonio Amorth on administrative merit and jurisdiction on the merits, to show how it is based on a rigorous analysis of the law of the time (which did not take any express position, unlike the current articles 7 and 134 c.p.a. on the possibility of a cognition in the merit by the administrative judge), and, in any case, is open to an intervention of the judge in the merit-opportunity in the enforcement phase and, finally, clearly distinguishes between administrative merit and questionable technical assessment. Also in the light of this reflection, it seems possible today to hypothesize a merit review that allows for the realization of a full jurisdiction such as that outlined by the European Court of Human Rights: that is, a direct and substitutive review of the hard-core of the administrative choice, consistent with the compensatory ratio of curing ex post the violations of art. 6 ECHR affecting the administrative phase.