Il sistema austriaco di giustizia amministrativa: genesi ed evoluzione

Through a diachronic analysis, this essay analyzes the evolution of Austria’s system of protection with respect to the Public Administration highlighting the elements of convergence and differentiation with respect to the traditional model typical of civil law systems, inspired by the French prototype. After illustrating the developments of administrative justice towards instruments that are increasingly less administrative, the essay focuses on the constitutional reform of 2012, which completed the progressive ap- proximation of Austria to the European model of administrative justice. The latter is currently characterized by an evident centrality of the instru- ments for jurisdictional protection with respect to the PA and the en- hancement of a subjective conception of jurisdiction. The essay ends with a reflection on the repercussions of the new model on two dogmatic cornerstones of the theory of the State: the de- mocratic principle and the rule of law. The democratic principle applies to the connection between representation, accountability, political deci- sion-making and administrative implementation, while the rule of law ap- plies, on one hand, to the concept of an independent judiciary and, on the other, to the full justiciability of administrative action.