El sistema de evaluación de la actividad investigadora de profesores universitarios

Abstract

As originally established in the law, the technical discretion exercised by specialized administrative bodies was not subject to complete legal control due to these advisory bodies would be only limited to ascertain the qualities or data to be carried by parameters or criteria. However, regulated elements of these processes could be susceptible to legal control. There is an interesting case that explains quite well how to control the technical discretion of the specialized administrative bodies: the evaluation by the CNEAI of the research activity carried out by university professors. The case-law has set the limits of the technical discretion by the need of motivating the technical judgment, even if the CNEAI has been helped by expert committees. This motivation implies the disclosure of the legal and factual basis (justification) and of the reasons for adopting the administrative act.