On the Administrative Judge’s Judicial Review over AGCM’s Decisions

Full Jurisdiction and Protection of the Fundamental Rights

Authors

  • Donato Vese

Keywords:

Judicial review, Full jurisdiction, Article 6 ECHR, Article 24 Italian Constitution, National competition authority (AGCM), Legal protection of Rights, Public power

Abstract

The aim of this paper is to offer a solution to the problem of the administrative judge’s review over the antitrust authority’s decisions, starting from the interpretation of Article 6 of ECHR in European Law and Article 24 of Constitution in Italian Law as elements that admit full jurisdiction. In this perspective it will try to formulate a different notion of nature and function of public power that in view of people’s sovereignty shall guarantee full and equal legal protection of fundamental rights.

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Author Biography

Donato Vese

Ph. D at University School of Advanced Studies IUSS Pavia. Academic Vis. University of Oxford, Centre for Socio-Legal Studies.

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Published

2020-08-15

How to Cite

VESE, D. On the Administrative Judge’s Judicial Review over AGCM’s Decisions: Full Jurisdiction and Protection of the Fundamental Rights. Civil Procedure Review, [S. l.], v. 11, n. 2, p. 69–144, 2020. Disponível em: https://civilprocedurereview.faculdadebaianadedireito.com.br/revista/article/view/207. Acesso em: 18 may. 2024.

Issue

Vol. 11 No. 2 (2020)

Section

Artigos