Il coetus fidelium e la legittimazione ad agire per la tutela dei diritti ed interessi diffusi nella relazione con il potere esecutivo

The most followed canonical legal doctrine defines the canonical administrative act as "unilateral" beacuse it is issued by the Executive Authority and self directly effective towards the recipients regardless of their consent (self-exe­cuting). In spite of this situation, the singular act...

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Bibliographic Details
Published in:Monitor ecclesiasticus
Main Author: Granata, Raffaele (Author)
Format: Print Article
Language:Italian
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Published: Monitor Ecclesiasticus [2017]
In: Monitor ecclesiasticus
Further subjects:B Jurisdiction
B Legislative power
Description
Summary:The most followed canonical legal doctrine defines the canonical administrative act as "unilateral" beacuse it is issued by the Executive Authority and self directly effective towards the recipients regardless of their consent (self-exe­cuting). In spite of this situation, the singular act of the executive power can also be defined bilateral or communitarian if the recipient of it, the government, or the possible damaged parts at least to its own formation. If such participation is considered necessary for the validity of the act, it is necessary to recognize under the procedural aspect that both individual and collective subjects will be entitled to a legitimatio ad causam indispensable to sanction the deed to be contested. So, there are the conditions to hypothesize a canonical class action that gives space and way of acting to the communities of faithful potentially injured by the Government Authority, currently excluded from some form of direct protection.
ISSN:0026-976X
Contains:Enthalten in: Monitor ecclesiasticus