Note (Back) — Chapter XX

422. The Administrative Courts.—In Italy, as in continental countries generally, there is preserved a sharp distinction between public and private law; but the separation of functions of the ordinary and the administrative courts is much less clear-cut than in France and elsewhere. In 1865, indeed, the surviving administrative courts of the states which had been drawn into the kingdom, were abolished and it was arranged that the ordinary courts should exercise unrestricted jurisdiction in all criminal cases and in all civil cases in which, by the decision of the Council of State, a civil or political right was involved. The system worked poorly and by laws of June 2, 1889, and May 1, 1890, a special section of the Council of State (composed of a president and eight councillors named by the king) was set off to serve as an administrative court, while at the same time an inferior administrative jurisdiction was conferred upon the giunta (prefect and certain assistants) of the province. In practice to-day, when the legality of acts committed by the administrative officials is called in question, the ordinary courts exercise jurisdiction, if the question is one of private right; if it is one merely of private interest, it goes for decision to an administrative tribunal. In most continental countries all cases involving the legality of official acts fall within the domain of the administrative courts.[561]