Riflessioni sul litisconsorzio nel processo amministrativo: problemi e prospettive

The “litisconsortile” phenomenon in the Administrative Process has always a difficult dogmatic position due to the absence of legal rules about this institution, although it is a problem that often occurs as the plurality of the parts characterizes the Administrative Process. This clarification is important because the evolution of the Administrative Process from process on the “act” to process on the “relationship” has led to an expansion of the parties in the proceedings. In the regulatory gap, the jurisprudence has attempted to reconstruct the institution -the Litisconsorzio -by recalling, where possible, the Civil Code and the procedural-civil institutions. However, this failed to provide an organic reconstruction of the institution but offered a case-by-case analysis. The paper analyzes the Administrative Code and tries to verify whether the tools introduced by the legislator and by the jurisprudential elaboration can currently be considered suitable and sufficient to reach a systematic reconstruction of the institution. Despite the efforts made, the objectives achieved and the external referral to the Civil Code, there are still many gray areas, for the solution of which a supplementary modification to the Administrative Code is desirable; in this way the institute of the litisconsortium will be able to fully enter the Administrative Process.