Gli interessi diffusi: una categoria rivisitata
Journal title ECONOMIA E DIRITTO DEL TERZIARIO
Author/s Guido Alpa
Publishing Year 2014 Issue 2014/2 Language Italian
Pages 31 P. 167-197 File size 123 KB
DOI 10.3280/ED2014-002001
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The concept of "collective interests" has been formally acknowledged by the legislator as the statute on the administrative proceeding and access to administrative documents provides that «everyone, who is holder of public or private interests, and those who are holders of collective interests if united in associations or committees, eventually damaged by an administrative act, are given the right of intervention in the proceeding» (art. 9 l. 7.8.1990, n. 241). This status has been amended in several times, according to l. 11.2.2005, n. 15, l. 18.6.2009, n. 69, l. 9.8.2013, n. 98, but the original statute - in this particular aspect –-has not been amended. This kind of interests preserve then its own specific feature, and, although related to the administrative proceeding, cannot be replaced by others. The statutes have the aim to specify this kind of interests and also to restrict access to justice and control of administrative behavior. Associations may be provided of legal capacity or not, committees may have a short life, and be created for a special temporary item. But in order to protect any kind of interests it is always necessary to connect it with an entity.
Keywords: Collective interests, administrative protection, judicial protection, class action, fundamental human rights, Law on Consumer Rights.
Guido Alpa, Gli interessi diffusi: una categoria rivisitata in "ECONOMIA E DIRITTO DEL TERZIARIO " 2/2014, pp 167-197, DOI: 10.3280/ED2014-002001