Il regime della competenza nel codice del processo amministrativo: dubbi di legittimità costituzionale e possibili soluzioni

The following work, starting from a recent decision of the Campania Administrative Court, focuses on the constitutional legitimacy of the "territorial jurisdiction ", as modified by the Legislative Decree no. 104/2010. Legitimacy concerns relates specifically to the legal requirements of the "functional jurisdiction " and the new rules which introduced the assessment of the territorial jurisdiction during the protective phase. This very subject has been significantly changed by the new provisions, which have stated the impossibility to modify in any circumstance the territorial jurisdiction. Despite these changes it is possible to argument the constitutionality of the new rules.