The unusual practice of improperly suspending judicial review proceedings: or by “intercepting” issues already pending before the Court
La strana figura della sospensione impropria del processo amministrativo: o “per intercettazione” di questioni già devolute alla Corte
La curieuse figure de la suspension impropre du procès administratif : ou “par interception” d’affaires déjà pendantes devant la Cour
Despite the criticism of the Constitutional Court and the different orientation of the Supreme Court, it is the current practice of the Italian State Council to limit itself to suspending the administrative procedure (pursuant to art. 295 of the code of civil procedure and 79 of the code of administrative procedure) pending the decision of the Constitutional Court or the Court of Justice, if the issue has already been raised or the reference for a preliminary ruling has already been made to the High Court, without adopting a new referral order. The article is concerned with a recent decision of the Plenary meeting of the State Council and is in line with the doctrine that does not favour the institutionalisation of this practice (also because of the doubts that may ultimately arise as to its usefulness).
