Petitio, Remonstratio, Exceptio: Exploratory Notes on the Ways of Non-Execution of Singular Administrative Acts

Abstract

Most of the doctrine and jurisprudence on the pathology of the singular administrative acts focuses on their “unlawfulness” in view of a substantial Administrative Litigation at the Supreme Tribunal of the Apostolic Signatura. Actually, however, it seems possible to use other ways that are often independent from the unlawfulness of the Act, which might also be “illicit” or simply “heavy” or “unwelcome”. This study (theoretical and not doctrinal) seeks to address the issue from the point of view of the recipient (executor or involved part) of this kind of acts who can choose among more legal ways of non-performing the act in question. A greater awareness of these possibilities could greatly simplify issues that are of- ten difficult to propose in hierarchical Appeals.