Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  36 the task of adjudicating on challenges of acts of the public administration filed by individuals or legal persons pleading a violation of “interests”. That move laid the foundation of a dual system of judicial review of the administrative action: ordinary civil courts had jurisdiction over violation of “subjective rights” ( diritti soggettivi ), while administrative courts had ju- risdiction over violation of “legitimate interests” ( interessi legittimi ). 2. Ordinary Courts and “Special” Courts: Constitutional Framework In the course of the preparatory works for the Constitution (1946–1947), the idea of establishing a single ordinary court system was taken into consideration, 101 by abolishing the administrative courts’ jurisdiction to adjudicate and devolving challenges to the acts of the public administration to the ordinary courts. This reform proposal was strongly supported by Piero Calamandrei, who a quarter of a century before had published “ La Cassazione civile ” (1920), where he had made a strong point about the Supreme Court as a fundamental adjudicating body committed to ensure the uniform application of law. In the end the proposal did not gain the approval by the Constitu- ent Assembly, but the contrasting opinions had an impact on the text of the Constitution, causing, in truth, inconsistencies in its text. The Consti- tution declares that (a) the judicial function must be exercised exclusively by ordinary judges appointed and governed by the rules of judicial or- ganisation ( ordinamento giudiziario ); whereas (b) extraordinary or specialized (“special” in the Italian terminology) courts shall not be established, while the need to set up specialized adjudicating bodies shall be satisfied only by establishing specialized sections for specific subject matter within or- dinary courts, wherein qualified citizen not belonging to the judiciary may participate (layjudges). 102 If one read no further one could argue convincingly that the Italian constitution provides for a single ordinary court system, but the subse- quent Art. 103, para no. 1 Const. belies this picture, giving the Council of State and other organs of administrative justice jurisdiction to pro- tect legitimate interests and, in specific matters indicated by law, subjective 101 For references on this point, s. P. Comoglio , Il giudice specializzato in materia di impresa, Torino, Giappichelli, 2014, p. 16. 102 Art. 102 Const.