“Disponibilità dei diritti e alternative dispute resolution nelle controversie con la p.a. tra spinte europee e limiti nazionali”

These pages, after examining the reciprocal relation between protection’s effectiveness and alternative dispute resolution, aim to analyse both the influences coming from European right and the obstacles - often past’s heritage - that prevent Alternative dispute resolution from developing in legal controversies in which public bodies are part. Specific attention is drawn on the strict connection between the failures of any extra-judicial solution in administrative area and the attribution of many judicial functions to different bodies such as the Independent Administrative Authorities. As a matter of fact, moving the centre of gravity from Public Administration to Independent Authorities probably represents the system’s answer to the collapse of any traditional possibility to extra-judicially solve administrative disputes.