The paper deals with some aspects of general legal theory about the notion of “legitimate interest” in the light of a critical analysis of a recent book by Franco Gaetano Scoca, that is, the most theoretician in Italian administrative doctrine on the subject: substancialism and formalism, taxonomy of the subjective legal positions contrasted with "power", legitimate interest and means of protection, legitimate interest as a figure of general theory and its distinction from individual rights. There are doubts about the configurability of a subjective legal position without a sure satisfaction and about the existence of a legal notion of "power," but above all, it is seen in the administrative law rather than in the theory of subjective legal positions, the decisive variable for an adequate legal protection of the citizen against public authority.
|Numero di pagine||21|
|Rivista||DIRITTO E PROCESSO AMMINISTRATIVO|
|Stato di pubblicazione||Published - 2017|