Note minime sull'accesso ai fatti nel giudizio amministrativo, in vista del codice

While lawful interests have long since acquired substantial importance, the evolution from the administrative jurisdiction of annulment to a relation-based one clashes with the impossibility of the judge to take the place of the administration. Furthermore, the reasons for the decision of annulment comply with the administrative proceedings and the control of the judge has extended to a knowledge of the facts, with the only limit of questionable assessments, which are mostly reserved for the administration alone. The difficult distinction between ascertainments and questionable assessments, as one between "weak" and "strong" judgment on proceedings relating to the facts, may not be relevant if the administrative law judge orders the verification to the same resistant administration, making the court appoint a technical consultant. But the code of administrative law procedure precludes this possibility, specifying that verifications should be asked of "a public authority, not related to the parties to the trial" and that the appointment of the court-appointed consultant is an alternative to this request.