Remarks on participation rights in the reform of administrative procedure code

Abstract

The instrument of the legal relationship enshrined in the Administrative Procedure Code project intends to remove an authoritarian conception of administrative law, according to which individuals would be mere subjects before the administration. The purpose was to adopt a new paradigm, in accordance to the rule of law, enhancing the idea of the trend parity between citizens and public authorities. However, this is a mere rhetorical change because, in the various provisions of the law, the Code continues to refer simply to interested parties, not drawing effective consequences from this instrument.