European Union influence on the expansion of adversarial proceedings in national administrative procedures

Abstract

Before conducting an analysis on the meaning, corollaries, and scope of the right to be heard in European administrative proceedings, this contribution will inquire how and within which limits the outcomes achieved in the European system can produce specific ramifications in national legal systems, particularly in the Italian context. Initially, the dynamics pertaining to «indirect» and, broadly speaking, «mixed» European administrative proceedings will be examined, especially considering the distinction, firmly reiterated by the Court of Justice, between the right to be heard and the corresponding general principle. Subsequently, focus will be directed towards administrative procedures of solely national relevance, with analysis relying on findings obtained from two compelling case studies: the adversarial process in the procedure for issuing anti-mafia information and in the one aimed at ascertaining taxpayers’ fiscal obligations. This will unveil an intricately composite framework, characterized by reciprocal influences and gradual evolutionary trajectories towards the alignment of national legal traditions