Summary:
In this paper, we approach the question of Public Administration’s compliance obligation to the order of Administrative Courts. At the first level we present the aspects of Administration compliance which have remained stable over time. In the first introductory section we particularly examine the foundation of this obligation at the constitutional level and in general at the level of supranational law.
At the second section, we examine the compliance obligation de lege lata, taking into consideration the Procedure of Law no. 3068/2002 and its implementing Decree 40/2004, which define the procedures for ensuring compliance obligation.
At the third section, we present modern dimensions and new aspects of this obligation, those points, in particular, which, under the influence both of the new legislative regime of no. 22 of Law 4274/2014 and the revision of the case-law of the Council of State, have reconfigured compliance obligation by passing it, a fortiori, from the Administration to the Administrative Court.
In the fourth and final section, we systematize certain thoughts and suggestions for the transformation and remodelling of the current legislative framework, focusing on a change of position and powers of the administrative judge, who is not merely interested in interpreting the law that governs the case before him and in ascertaining the legal consequence of that interpretation by further developing the case-law, but aims, above all, to resolve the dispute by adopting an operative judicial decision.
Keywords:
obligation, Compliance ,Public Administration, Court Orders,