Access to justice in environmental matters

Italy

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Italy

In the Italian system there are no sanctions against the PA delivering delayed decisions. However, the applicant can appeal the silence of the PA before the administrative tribunal (TAR) (Art. 31 and 117 CAP) and seek compensation for the damage caused by the delay (Art. 30 and 112 CAP).

Furthermore, in cases when the PA has failed to comply with a judgment, applicants can resort to the so-called giudizio di ottemperanza (Arts 112-115 CAP). Following these proceedings, the judge can order the administration to comply within a specific time, as well as declare null and void any acts adopted in violation of the judgment. The tribunal can also replace the inert administration or appoint an ad acta commissioner.

Last update: 27/07/2021

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