La sanzionabilità del ritardo dell’azione amministrativa nei recenti approdi normativi e giurisprudenziali

Abstract

The paper deals with the most recent legislative updates, coming from the recent decrees on simplification (nr. 76 of 2020, converted by law nr. 120 of 11th September 2020, and nr. 77 of 2021, converted by law nr. 108 of 29th July 2021), and from the decisions of administrative courts (in particular, decisions nr. 7 of 23rd April 2021 and nr. 8 of 25th May 2021 of the Council of State Plenary), about the inactivity of the Administration and the remedies given by the legal system. In detail, the paper deals with the principles of art. 2 of the law on administrative procedures (the duty to provide, the nature of the term to end the procedure, the pathologies of the act lately adopted), and the new art. 2-bis, on the refunding of the damage given by the delay. The paper in the end reflects on the invalidity of late acts and on the possibility that a defaulting Administration can be substituted by a judiciary Commissioner ad acta for this reason nominated.