In the exercise of administrative activity, the public administration makes assessments that involve the application of technical and scientific knowledge. They are proper to a group of persons considered experts in that field. In addressing the classic topic of technical discretion, the contribution offers the possibility of investigating the context of cultural activities. More specifically, the assessment of artistic quality as the first aspect of evaluation for access to state public funding. In a critical perspective with respect to the decision of the administrative judge, the substitutive power in the proceedings is affirmed due to the requirements of substantive and procedural justice. This is for the case where there is no comparison of interests.
Valutazione delle qualità artistiche e Fondo Unico per lo Spettacolo (Nota a Consiglio di Stato, sez. VI, sentenza 26 aprile 2024, n. 3831)
Alessandra Piconese
2025-01-01
Abstract
In the exercise of administrative activity, the public administration makes assessments that involve the application of technical and scientific knowledge. They are proper to a group of persons considered experts in that field. In addressing the classic topic of technical discretion, the contribution offers the possibility of investigating the context of cultural activities. More specifically, the assessment of artistic quality as the first aspect of evaluation for access to state public funding. In a critical perspective with respect to the decision of the administrative judge, the substitutive power in the proceedings is affirmed due to the requirements of substantive and procedural justice. This is for the case where there is no comparison of interests.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
