Nuovi poteri del giudice amministrativo e rimedi alternativi al processo: l'esperienza francese

The book aims at examining some legal instruments which may produce important effects in the evolution of the French judicial review. In the first part, the analysis concerns some tools that the administrative courts may use to enforce their case law. The emission of injonctions is useful when an authority has breached the indications coming from the court, with the possible imposition of a fine (astreinte) for delayed performances or non-performances. The exception d’illégalité is examined as an instrument to deprive unlawful acts of legal force even if they have not been directly contested. In the second part, the administrative ADR (conciliation, transaction, arbitrage and médiation) are taken into consideration, with the effort to show the common elements and the divergences among them. The link between the two parts of the book is the attention to the legal strength of judicial review, from the point of view both of its pratical implementation and of the existence of alternative instruments to protect the individual positions in front of the production of unfavourable administrative measures. At the end of the book, some final remarks in the perspective of a comparison with the Italian legal system are also expressed.