L’innesto di regole del processo amministrativo di altri ordinamenti. Un possibile approccio alla comparazione

ABSTRACT: The article investigates two examples of “grafting” of German rules on Administrative Court Procedure onto the Italian and French legal order: the introduction in the Italian Code of Administrative Court Procedure (d.lgs. n. 104/2010 s.m.i.) of a specific action in order to obtain the adoption of an act unlawfully not adopted or denied by the public authority (“azione di adempimento”) and the introduction in the French legal system (by the Czebaj case of 2016), of a “reasonable time limit” of one year to challenge an administrative decision lacking written instruction on the procedural remedies and time limit for the action. The use of the metaphor of “grafting” (intended as an horticultural technique whereby tissues of plants are joined so as to continue their growth together and to improve their features, but also in all other meaning that the term has in the Italian language), allows to distinguish the phenomenon both from the simple convergence of European legal systems toward common standards of judicial review (cross-fertilisation) and from the traditional concept of legal transplant.