Liability of Public Administration in Italy: Considerations on Recent Changes

Abstract

In the last two decades the liability of Public Administration in Italy has been the centre of radical transformations promoted by the European system. From a situation of broad immunities, the formal equalization was achieved of Public Administration's liability to that of private citizens. Nevertheless, the full liability of the Administration is having a difficult time being asserted in the courts' decisions, which are actually creating new areas of immunity, the most important of which concerns discretionary power. Recent legal literature is looking for alternative options based on the principles of risk, solidarity, and equality.

Keywords:

• liability
• damages
• state
• public administration
• discretionary power