Il ricorso all'istituto dell'autonomia processuale in materia di rapporto tra ricorso incidentale e principale: scacco al Re, alla Corte di giustizia europea?

Abstract

After having retraced the many stages that characterize the tortuous jurisprudential evolution that has taken place regarding the relationship between the incidental and main appeal in the field of public procurement, the present work aims to highlight the legal argument that could form the basis of the preferred option by the Council of State as well as to identify in the theory c.d. of the counter-limits a further institution which could be used to guarantee the constitutional principles referred to in articles 24,103,97 and 111 of the Constitution which would appear to be violated if one opts for the objective nature of the administrative jurisdiction