In the case hereby the TAR Lombardia (Regional Administrative Court of Lombardia) complies with the possibility of ordering to a public authority to issue the administrative act requested by the claimant. The decision deeply explores, on the one hand, whether such a remedy can be provided by Administrative Courts, and, on the other, in which cases and within which limits the claim can be sustained. Notwithstanding the Codice del Processo Amministrativo (Administrative Procedural Code) failed to introduce the therefore mentioned azione di adempimento, the Court upholds that a general injunctive action, such as the one provided by art. 30 c.p.a., does include the order to issue an administrative decision. Furthermore, the Court clarifies that the remedy can be granted even though a discretionary power to adopt the act does exist, provided that the public authority has no further discretion in that case.
Fine delle perplessità sull'azione di adempimento / Carbone, Andrea. - In: IL FORO AMMINISTRATIVO TAR. - ISSN 1722-2397. - STAMPA. - 5(2011), pp. 1499-1521.
Fine delle perplessità sull'azione di adempimento
CARBONE, Andrea
2011
Abstract
In the case hereby the TAR Lombardia (Regional Administrative Court of Lombardia) complies with the possibility of ordering to a public authority to issue the administrative act requested by the claimant. The decision deeply explores, on the one hand, whether such a remedy can be provided by Administrative Courts, and, on the other, in which cases and within which limits the claim can be sustained. Notwithstanding the Codice del Processo Amministrativo (Administrative Procedural Code) failed to introduce the therefore mentioned azione di adempimento, the Court upholds that a general injunctive action, such as the one provided by art. 30 c.p.a., does include the order to issue an administrative decision. Furthermore, the Court clarifies that the remedy can be granted even though a discretionary power to adopt the act does exist, provided that the public authority has no further discretion in that case.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.