The Interpretation of Non-Normative Administrative Acts

Abstract

The paper examines the issue of the interpretation of non-normative administrative act, drawing on insights from Massimo Severo Giannini’s 1939 work L’interpretazione dell’atto amministrativo e la teoria giuridica generale dell’interpretazione. The essay focuses on several aspects of the interpretation of non-normative administrative acts that remain insufficiently systematized: their distinctive features in relation to the interpretative models of contract and statutes; the relationship between the administrative act as an expression of power and, at the same time, as an instrument for the implementation of the law within the framework of the rule of law; the role of administrative action as shaped by the factual context in which it operates; and the interpretative criteria applied by administrative courts.