The essay focuses on the peculiarities of the purpose of the judicial control in the so-called "full jurisdiction" in the policy law, by highlighting the limits of such control as imposed by the European legal System and the ones inherent in the same police law. General concepts as full jurisdiction, discretionary power and political choices are examined and compared with some specific notions of the policy law such as the secrecy of the police investigations and actions, the limits to the citizens participation in the administrative proceedings and the recourse to vague and indeterminate legal concepts. It cannot be however undervalued that the compliance with certain procedural standards, arising from the ECHR case law, can in some cases frustrate the effectiveness of police action: the recourse to a full jurisdiction control on administrative police powers could make them avoid of any supremacy and turn out to be incompatible with discretionary/political nature of many decisions in police law. In this perspective, the essay deals with the topic of conditions and limits of the continuity between proceeding and the process in police law.
Full Jurisdiction e diritto di polizia
F. Rota
2019-01-01
Abstract
The essay focuses on the peculiarities of the purpose of the judicial control in the so-called "full jurisdiction" in the policy law, by highlighting the limits of such control as imposed by the European legal System and the ones inherent in the same police law. General concepts as full jurisdiction, discretionary power and political choices are examined and compared with some specific notions of the policy law such as the secrecy of the police investigations and actions, the limits to the citizens participation in the administrative proceedings and the recourse to vague and indeterminate legal concepts. It cannot be however undervalued that the compliance with certain procedural standards, arising from the ECHR case law, can in some cases frustrate the effectiveness of police action: the recourse to a full jurisdiction control on administrative police powers could make them avoid of any supremacy and turn out to be incompatible with discretionary/political nature of many decisions in police law. In this perspective, the essay deals with the topic of conditions and limits of the continuity between proceeding and the process in police law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.