Legislative Decree No. 104 of July 2, 2010
Implementation of the Article 44 of Law June 18, 2009, no. 69, delegating the government to reorganize the administrative process
(Official Gazette No. 156, July 7, 2010)

Download in .pdf format

Art. 1. Approval of the code and related provisions

1. The Administrative Process Code set forth inAnnex 1 to this Decree is approved.
2. The implementing rules in Annex 2, the transitional rules in Annex 3, and the coordinating rules and repeals in Annex 4 are also approved.

Art. 2. Effective Date

1. This decree becomes effective on September 16, 2010.

Attachment

 

Administrative Process Code

GENERAL INDEX

Annex 1 – Administrative Process Code
Annex 2 – Implementation rules
Annex 3 – Transitional Rules
Annex 4 – Coordination rules and repeals INDEX

ANNEX 1 – Code of administrative process

BOOK ONE – GENERAL PROVISIONS

Title I – Principles and organs of administrative jurisdiction

Chapter I – General Principles

Art. 1 – Effectiveness

Art. 2 – Due Process

Art. 3 – Duty to state reasons and conciseness of acts

Chapter II – Bodies of administrative jurisdiction

Article 4 – Jurisdiction of administrative judges.

Article 5 – Regional Administrative Courts.

Art. 6 – State Council

Chapter III – Administrative Jurisdiction

Article 7 – Administrative Jurisdiction

Article 8 – Incidental cognition and preliminary questions.

Article 9 – Defect of Jurisdiction

Article 10 – Preliminary settlement of jurisdiction

Article 11 – Decision on questions of jurisdiction.

Article 12 – Relationship with arbitration.

Chapter IV – Competence

Article 13 – Mandatory territorial jurisdiction

Article 14 – Mandatory functional competence

Article 15 – Finding of lack of jurisdiction and prior settlement of jurisdiction.

Article 16 – Regime of competence

Chapter V – Abstention and Recusal

Art. 17 – Abstention

Article 18 – Recusal

Chapter VI – Auxiliaries of the judge

Art. 19 – Technical advisor

Article 20 – Obligation to take office and recusal.

Article 21 – Commissioner ad acta

Title II – Parties and advocates

Art. 22 – Patronage

Article 23 – Personal defense of the parties

Art. 24 – Power of attorney in litigation

Article 25 – Domicile

Art. 26 – Court costs

Title III – Actions and Applications

Chapter I – Contradictory and Intervention

Art. 27 – Contradictory

Art. 28 – Intervention

Chapter II – Actions of Cognition

Article 29 – Action for annulment

Article 30 – Condemnation action

Article 31 – Action against silence and declaration of nullity.

Article 32 – Plurality of applications and conversion of shares

Title IV – Jurisdictional pronouncements

Art. 33 – Measures

Article 34 – Judgments on the merits

Art. 35 – Ritual pronouncements.

Article 36 – Interlocutory pronouncements.

Art. 37 – Excusable error

Title V – Referral Provisions

Article 38 – Internal Referral

Article 39 – External Referral

BOOK TWO – ADMINISTRATIVE PROCESS OF FIRST INSTANCE

Title I – General Provisions

Chapter I – Appeal

Section I – Appeal and constitution of the parties

Article 40 – Contents of the appeal

Article 41 – Service of the appeal and its recipients.

Article 42 – Cross appeal and counterclaim.

Article 43 – Added Grounds.

Article 44 – Defects in the appeal and service.

Article 45 – Filing of the appeal and other procedural documents.

Article 46 – Constitution of the intimate parties

Article 47 – Allocation of disputes between regional administrative courts and branch offices

Article 48 – Judgment resulting from the transposition of the extraordinary appeal

Article 49 – Integration of cross-examination.

Article 50 – Voluntary intervention in litigation.

Article 51 – Intervention by court order.

Section II – Abbreviation, extension and suspension of terms.

Article 52 – Time limits and special forms of service

Article 53 – Abbreviation of terms

Article 54 – Late filing of pleadings and documents and suspension of time limits.

Title II – Interlocutory Proceedings

Article 55 – Collegial precautionary measures.

Article 56 – Single-court precautionary measures.

Article 57 – Costs of the interlocutory proceedings.

Art. 58 – Revocation or modification of collegial precautionary measures and resubmission of rejected precautionary application

Article 59 – Execution of precautionary measures.

Article 60 – Settlement of the judgment as a result of the interlocutory hearing

Article 61 – Precautionary measures prior to the lawsuit

Article 62 – Interlocutory Appeal

Title III – Means of Evidence and Instructional Activity.

Chapter I – Means of Evidence

Article 63 – Means of Evidence

Chapter II – Admission and Taking of Evidence

Article 64 – Availability, burden and evaluation of proof

Art. 65 – Presidential and collegial investigation.

Article 66 – Verification

Article 67 – Ex officio technical expertise

Article 68 – Time limits and modalities of the investigation.

Art. 69 – Subrogation of the judge delegated to the investigation.

Title IV – Meeting, discussion and decision of appeals

Chapter I – Meeting of Appeals

Article 70 – Meeting of appeals

Chapter II – Discussion

Article 71 – Setting of the hearing.

Article 72 – Priority in the handling of appeals dealing with a single issue

Article 73 – Hearing of discussion

Article 74 – Judgments in simplified form.

Chapter III – Deliberation

Article 75 – Deliberation of the college.

Article 76 – Method of voting

Title V – Incidents in the process

Chapter I – Incident of Forgery

Article 77 – Complaint of Forgery

Article 78 – Filing of the judgment rendered on the false complaint.

Chapter II – Suspension and interruption of proceedings

Article 79 – Suspension and interruption of the trial.

Article 80 – Continuation or resumption of suspended or interrupted proceedings.

Title VI – Extinction and unfeasibility

Art. 81 – Peremption
Art. 82 – Peremption of over-five-year appeals

Article 83 – Effects of peremption

Article 84 – Waiver

Article 85 – Form and procedure for extinguishment and unfeasibility.

Title VII – Correction of material error in court orders

Article 86 – Correction procedure

Title VIII – Hearings

Article 87 – Public hearings and proceedings in chambers.

Title IX – Judgment

Article 88 – Contents of the judgment

Article 89 – Publication and communication of the judgment.

Article 90 – Publicity of the judgment

BOOK THREE – APPEALS

Title I – Appeals in general

Article 91 – Means of appeal

Article 92 – Time limits for appeals.

Article 93 – Place of service of the appeal.

Article 94 – Filing of Appeals.

Article 95 – Parties to the judgment of appeal.

Article 96 – Appeals against the same judgment.

Article 97 – Intervention in the judgment of appeal.

Article 98 – Precautionary Measures

Article 99 – Referral to plenary meeting.

Title II – Appeal

Article 100 – Appealability of judgments of regional administrative courts.

Article 101 – Contents of the appeal

Article 102 – Entitlement to appeal

Article 103 – Optional reservation of appeal

Article 104 – New questions and exceptions

Article 105 – Referral to the first judge

Title III – Revocation

Article 106 – Cases of revocation

Article 107 – Appeal of the judgment rendered in the revocation judgment.

Title IV – Opposition of third parties

Art. 108 – Cases of third-party opposition
Art. 109 – Jurisdiction

Title V – Cassation Appeal

Art. 110 – Grounds for appeal
Art. 111 – Suspension of judgment

BOOK FOUR – COMPLIANCE AND SPECIAL RITES

Title I – Judgment of Compliance

Art. 112 – General provisions on the judgment of compliance

Article 113 – Judge of compliance.

Article 114 – Proceedings

Art. 115 – Enforceable title and issuance of extract of court order with enforcement formula

Title II – Rite on access to administrative documents.

Article 116 – Rite in matters of access to administrative documents.

Title III – Protection against inaction by the public administration.

Article 117 – Appeals against silence.

Title IV – Injunction proceedings

Art. 118 – Injunctive Decree

Title V – Abbreviated rites relating to special disputes

Article 119 – Abbreviated rite common to certain matters.

Article 120 – Provisions specific to the judgments referred to in Article 119(1)(a)

Article 121 – Ineffectiveness of the contract in case of serious violations

Article 122 – Ineffectiveness of the contract in other cases.

Art. 123 – Alternative Sanctions
Art. 124 – Protection in specific form and by equivalent

Article 125 – Additional procedural provisions for disputes related to strategic infrastructure and executive procedures of projects that are part of the national strategic framework

Title VI – Litigation over election operations.

Chapter I – Provisions common to election litigation

Article 126 – Scope of jurisdiction over election litigation.

Article 127 – Exemption from tax charges

Article 128 – Inadmissibility of extraordinary appeal to the President of the Republic.

Chapter II – Early protection against acts of exclusion from preparatory electoral proceedings for municipal, provincial and regional elections

Article 129 – Judgment against acts of exclusion from the preparatory procedure for municipal, provincial and regional elections

Chapter III – Rites relating to the electoral operations of municipalities, provinces, regions and the European Parliament

Article 130 – Proceedings in the first instance in connection with the electoral operations of municipalities, provinces, regions and the European Parliament

Article 131 – Appeal proceedings in connection with the election operations of municipalities, provinces and regions

Article 132 – Appeal proceedings in connection with the electoral operations of municipalities, provinces, regions and the European Parliament

BOOK FIVE – FINAL RULES

Article 133 – Matters of exclusive jurisdiction.

Article 134 – Matters of jurisdiction extended to the merits.

Article 135 – Mandatory functional jurisdiction of the Regional Administrative Court of Lazio, Rome seat.

Art. 136 – Provisions on communications and computer deposits.

Article 137 – Financial rule.

ANNEX 2 – Implementation rules

Title I – Records – Secretarial Hours.

Art. 1 – General Register of Appeals

Article 2 – Special rolls and registers, collation of measures and forms of communication

Art. 3 – Recordings in automated form.

Art. 4 – Timetable

Title II – Party and office files.

Article 5 – Formation and maintenance of party and office files. Subrogation of copies to missing originals and reconstitution of documents

Art. 6 – Withdrawal and transmission of party and office files.

Art. 7 – Issuance of copies

Title III – Order of setting of appeals – Hearings

Art. 8 – Order of determination of appeals.

Art. 9 – Calendar of hearings

Art. 10 – Tongues and uniforms

Art. 11 – Direction of the hearing

Art. 12 – Hearing Police

Title IV – Telematic administrative process

Art. 13 – Telematic Process

Title V – Justice expenses

Article 14 – Committee for the admission to legal aid.

Article 15 – Devolution of the proceeds of financial penalties.

Article 16 – Extraordinary measures for reducing the backlog and encouraging productivity

ANNEX 3 – Transitional rules

Title I – Definition of appeals that have been pending for more than five years as of the effective date of the Administrative Process Code

Art. 1 – New petition for setting a hearing.

Title II – Additional Transitional Provisions

Art. 2 – Ultratactivity of the former discipline Art. 3 – Special provision for the appeal judgment

ANNEX 4 – Coordination rules and repeals

Art. 1 – Coordination rules and repeals regarding parliamentary and general elections

Art. 2 – Coordination rules and repeals regarding local elections

Art. 3 – Additional coordinating rules

Art. 4 – Further Repeals

 

ANNEX 1 – Code of administrative process

BOOK ONE – GENERAL PROVISIONS

Title I – Principles and organs of administrative jurisdiction

Chapter I – General Principles

Art. 1. Effectivity

1. Administrative jurisdiction ensures full and effective protection in accordance with the principles of the Constitution and European law.

Art. 2. Due process

1. The administrative process implements the principles of equality of the parties, adversarial and due process provided for in Article 111, Paragraph 1 of the Constitution.
2. The administrative judge and the parties cooperate in the realization of the reasonable duration of the trial.

Art. 3. Duty to state reasons and conciseness of acts

1. Every decisional order of the judge shall be reasoned.
2. The judge and the parties shall draft the documents clearly and concisely.

Chapter II – Bodies of administrative jurisdiction

Art. 4. Jurisdiction of administrative judges

1. Administrative jurisdiction shall be exercised by the regional administrative courts and the Council of State in accordance with the rules of this Code.

Art. 5. Regional administrative courts

1. Administrative courts of first instance are the regional administrative courts and the Regional Court of Administrative Justice for the autonomous region of Trentino-South Tyrol.
2. The regional administrative court decides with the intervention of three magistrates, including the president. In the absence of the president, the panel is chaired by the magistrate with the most seniority in the role.
3. The regional court of administrative justice for the autonomous region of Trentino – Alto Adige remains governed by the special statute and its implementing rules.

Art. 6. State Council

1. The Council of State is the body of last resort of administrative jurisdiction.
2. The Council of State in judicial session decides with the participation of five magistrates, including a section president and four counselors. If the president is unable to attend, the panel is chaired by the most senior councilor in qualification.
3. Except as provided for in the implementing rules referred to in Paragraph 6, the plenary meeting shall be composed of the President of the Council of State, who presides over it, and twelve magistrates of the Council of State, assigned to the jurisdictional sections.
4. In case of his or her absence, the president of the Council of State shall be replaced by the most senior judicial section president in the role; the other members of the plenary meeting, in case of absence or impediment, shall be replaced by the most senior magistrate in the same qualification of the respective section.
5. The provisions of the special statute and its implementing rules also apply to appeals against rulings of the Bolzano Autonomous Chamber of the Regional Court of Administrative Justice.
6. Appeals against rulings of the Regional Administrative Court of Sicily shall be submitted to the Council of Administrative Justice for the Sicilian Region, subject to the provisions of the special statute and its implementing rules.

Chapter III – Administrative Jurisdiction

Art. 7. Administrative jurisdiction

1. Disputes, in which there is a question of legitimate interests and, in the particular matters indicated by law, of subjective rights, concerning the exercise or non-exercise of administrative power, concerning measures, acts, agreements or conduct traceable even mediately to the exercise of such power, brought about by public administrations, are subject to administrative jurisdiction. Acts or measures issued by the government in the exercise of political power cannot be challenged.
2. Public administrations, for the purposes of this Code, are also understood to include entities equated with them or otherwise required to comply with the principles of administrative procedure.
3. Administrative jurisdiction is divided into general jurisdiction of legitimacy, exclusive jurisdiction, and jurisdiction extended to the merits.
4. Disputes relating to acts, measures or omissions of public administrations, including those relating to compensation for injury to legitimate interests and other consequential property rights, even if introduced independently, are assigned to the general jurisdiction of legitimacy of the administrative court.
5. In the matters of exclusive jurisdiction specified by law and Article 133, the administrative court shall also hear, even for the purpose of compensation, disputes in which subjective rights are at issue.
6. The administrative law judge exercises jurisdiction with jurisdiction extended to the merits in disputes specified by law and Article 134. In the exercise of such jurisdiction, the administrative law judge may substitute for the administration.
7. The principle of effectiveness is achieved through the concentration before the administrative court of all forms of protection of legitimate interests and, in the particular matters specified by law, of subjective rights.
8. Extraordinary appeal is allowed only for disputes under administrative jurisdiction.

Art. 8. Incidental cognition and preliminary questions

1. The administrative court in matters in which it does not have exclusive jurisdiction shall hear, without res judicata effect, all preliminary or incidental questions concerning rights, the resolution of which is necessary to rule on the main issue.
2. Preliminary questions concerning the status and capacity of persons, except the capacity to stand trial, and the resolution of the incident of perjury shall remain reserved to the ordinary court.

Art. 9. Lack of jurisdiction

1. Lack of jurisdiction is also detected in first instance ex officio. In appeals, it is detected if raised in a specific ground of appeal against the part of the judgment appealed against which, implicitly or explicitly, ruled on jurisdiction.

Art. 10. Preliminary settlement of jurisdiction

1. In the proceedings before the regional administrative courts, an appeal for prior regulation of jurisdiction provided for in Article 41 of the Code of Civil Procedure is allowed. The first paragraph of Article 367 of the same code shall apply.
2. In the suspended judgment precautionary measures may be requested, but the court may not order them if it does not consider its jurisdiction to exist.

Art. 11. Decision on questions of jurisdiction

1. The administrative court, when declining jurisdiction, shall indicate, if any, the national court that is provided jurisdiction.
2. When jurisdiction is declined by the administrative court in favor of another national court, or vice versa, subject to any intervening preclusions and forfeitures, the procedural and substantive effects of the application shall be unaffected if the case is resubmitted before the court indicated in the ruling declining jurisdiction, within the peremptory term of three months from its res judicata.
3. When the lawsuit is timely retried before the administrative judge, the latter, at the first hearing, may also raise the conflict of jurisdiction ex officio.
4. If, in a dispute introduced before another court, the unified sections of the Court of Cassation, hearing the question of jurisdiction, assigns the latter to the administrative court, subject to the intervening preclusions and forfeitures, the procedural and substantive effects of the application are not affected, if the case is resubmitted by the party with an interest in it within three months from the publication of the decision of the unified sections.
5. In resubmitted judgments, the court, with regard to intervening preclusions and forfeitures, may grant remittance for excusable error where the conditions are met.
6. In the re-trial before the administrative judge, evidence gathered in the trial before the judge without jurisdiction may be evaluated as evidence.
7. Interim measures lose their effectiveness thirty days after the publication of the order declaring that the court that issued them lacks jurisdiction. The parties may resubmit the interlocutory applications to the court with jurisdiction.

Art. 12. Relationship to arbitration

1. Disputes concerning subjective rights devolved to the jurisdiction of the administrative court may be settled by ritual arbitration as of right in accordance with Articles 806 et seq. of the Code of Civil Procedure.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)

Chapter IV – Competence

Art. 13. Indispensable territorial jurisdiction

1. On disputes concerning measures, acts, agreements or conduct of public administrations, the regional administrative court in whose territorial district they have their seat shall have absolute jurisdiction. In any case, the regional administrative court shall have unchallengeable jurisdiction over disputes concerning measures, acts, agreements or conduct of public administrations whose direct effects are limited to the territorial area of the region in which the court has its seat.

1-bis. In implementation of the criterion of gradual introduction of the telematic process, from the date of entry into force of the decree referred to in paragraph 1 and until the date of June 30, 2016, experimentation with the new provisions shall be conducted in the Regional Administrative Courts and the Council of State.

(Paragraph added by Article 2, Paragraph 2, Decree Law No. 210 of 2015)

The identification of concrete ways of implementation of the experimentation is referred to the Administrative Justice Bodies in compliance with the provisions of the aforementioned decree.

2. For disputes concerning public employees, the court in whose territorial district the place of employment is located shall have absolute jurisdiction.
3. In other cases, the Regional Administrative Court of Latium, Rome seat, shall have mandatory jurisdiction for state acts and, for acts of public entities of an ultra-regional character, the regional administrative court in whose district the entity has its seat.
4. The jurisdiction referred to in this Article and Article 14 is also mandatory with regard to precautionary measures.
   (paragraph so replaced by Article 1, paragraph 1, letter a), Legislative Decree No. 160 of 2012)

4-bis. The territorial jurisdiction relating to the measure from which the interest in appeal derives also attracts to itself that relating to the acts presupposed by the same measure except in the case of regulatory or general acts, for the appeal of which the ordinary criteria for attribution of jurisdiction remain intact.
(Paragraph added by Article 1, Paragraph 1 (a), Legislative Decree No. 160 of 2012)

Art. 14. Mandatory functional competence

1. The disputes indicated in Article 135 and the law are functionally devolved to the mandatory jurisdiction of the Lazio Regional Administrative Court, Rome seat.
2. Disputes concerning the powers exercised by the Electricity and Gas Authority are functionally devolved to the mandatory jurisdiction of the Regional Administrative Court of Lombardy, Milan seat.
3. Jurisdiction is also functionally mandatory for the judgments referred to in Articles 113 and 119, as well as for any other judgment for which the law or this Code identifies the competent court with criteria other than those referred to in Article 13.

Art. 15. Survey of incompetence
(article as replaced by Article 1, paragraph 1(b), Legislative Decree No. 160 of 2012)

1. The lack of jurisdiction is detected ex officio until the case is decided at first instance. In appeals it shall be detected if raised by specific ground of appeal against the part of the judgment appealed against which, implicitly or explicitly, ruled on jurisdiction.
2. In any case, the court shall decide on jurisdiction before ruling on the interlocutory application and, if it does not recognize its jurisdiction under Articles 13 and 14, it shall not decide on it.
3. In the absence of an interlocutory application, lack of jurisdiction may be objected to within the time limit prescribed for entering an appearance. The president shall set the council chamber for immediate ruling on the issue of jurisdiction. The procedure under Article 87, paragraph 3, shall be observed.
4. The court shall make an order in the cases referred to in paragraphs 2 and 3. If it declares its lack of jurisdiction, it shall indicate the court deemed competent. If, within the peremptory term of thirty days from the communication of such order, the case is resumed before the judge declared competent, the trial shall continue before the new judge. Except as provided in paragraph 6, the resumption shall preclude the party who made the resumption from filing a settlement of jurisdiction.
5. The order ruling on jurisdiction without deciding on the interlocutory application may be appealed only by the regulation of jurisdiction referred to in Article 16. The court before which the case is resumed, if it considers that it itself lacks jurisdiction, shall apply ex officio for the regulation of jurisdiction. The order ruling on the jurisdiction and the interlocutory application may be challenged by the regulation of jurisdiction, or in the ordinary way when together with the ruling on the jurisdiction the ruling on the interlocutory application is challenged.
6. Pending the settlement of jurisdiction, the interlocutory application shall be submitted to the court indicated as having jurisdiction in the order referred to in paragraph 4, which shall decide in each case, subject to the provisions of paragraph 7.
7. Precautionary orders issued by the court declared incompetent shall lose effect upon the expiration of thirty days from the date of publication of the order regulating jurisdiction.
8. The interlocutory application may be resubmitted to the court declared competent.
9. The provisions of Paragraphs 7 and 8 shall also apply to protective orders issued by the judge deprived of the power to decide the appeal by the presidential order referred to inArticle 47, Paragraph 2.

Art. 16. Regime of competence
(article as replaced by Article 1, paragraph 1(c), Legislative Decree No. 160 of 2012)

1. The regulation of competence shall be brought by means of a petition notified to the other parties within the time limit, peremptory and not subject to halving, of thirty days from the notification or sixty days from the publication of the order ruling on competence and shall be filed, together with copies of the acts useful for the purpose of deciding, within the time limit referred to inArticle 45 reduced by half at the secretariat of the Council of State. In the case of settlement requested ex officio, pursuant to Article 15, paragraph 5, the order shall be immediately transmitted to the State Council by the secretariat and communicated to the parties.
2. The State Council shall decide by order in chambers, after notice of the setting thereof, sent at least ten days in advance to defense counsel who have entered an appearance. The order shall also provide for the costs of the settlement except in the case of settlement requested ex officio. The ruling on costs shall remain in effect even after the judgment settling the case, unless otherwise expressly stated in the judgment. The provisions ofArticle 55 (5) to (8) shall apply to the proceedings.
3. The ruling on jurisdiction rendered by the Council of State in settlement or appeal pursuant toArticle 62, paragraph 4, shall bind the regional administrative courts. If a court other than the court before which the case is heard is designated as competent, the case must be resumed within a peremptory period of thirty days from the service of the order ruling on the settlement, or within sixty days from its publication.

Chapter V – Abstention and Recusal

Article 17. Abstention

1. The causes and procedures for abstention provided by the Code of Civil Procedure apply to the administrative judge. Abstention has no effect on prior acts.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)

Art. 18. Recusal

1. The grounds for recusal provided in the Code of Civil Procedure apply to the administrative judge.
2. The objection shall be made, at least three days before the designated hearing, by application directed to the president, when the magistrates who are to take part in the hearing are known; otherwise, it may be made orally at the same hearing before the discussion.
3. The application must state the grounds and means of proof and be signed by the party or lawyer with special power of attorney.
4. Proposed the objection, the panel hearing the dispute may order the continuation of the trial if on summary examination it finds the application inadmissible or manifestly unfounded.
5. In any case, the final decision on the petition shall be adopted, within thirty days of its submission, by the panel after substitution of the recused magistrate, who must be heard.
6. The members of the panel called to decide on the recusal shall not be recused.
7. The judge, in the order by which he declares the recusal inadmissible or rejects it, shall provide for the costs and may sentence the party who proposed it to a fine not exceeding five hundred euros.
8. The objection has no effect on prior acts. The granting of the petition for recusal renders null and void the acts performed pursuant to paragraph 4 with the participation of the recused judge.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)

Chapter VI – Auxiliaries of the judge

Art. 19. Verifier and technical advisor

1. The judge may be assisted, for the performance of individual acts or for the entire trial, by one or more reviewers, or, if indispensable, by one or more consultants.
2. The appointment of consultants may be made to civil servants, professionals registered in the registers referred to in Article 13 of the provisions for the implementation of the Code of Civil Procedure, or other persons having special technical competence. Those who serve on behalf of the parties to the lawsuit may not be appointed. Verification is entrusted to a public body, unrelated to the parties to the suit, with specific technical expertise.
3. The verifier and the consultant shall make such inquiries as are entrusted to them by the court and also orally provide the requested clarifications.

Art. 20. Obligation to take office and recusal
(heading as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)

1. The verifier and the consultant, if chosen from among civil servants or those registered in the registers referred to in Article 13 of the Provisions for the Implementation of the Code of Civil Procedure, are obliged to serve unless the court recognizes the existence of a justified reason.
2. The consultant, or the reviewer, may be recused by the parties on the grounds specified in Article 51 of the Code of Civil Procedure. Of the objection the judge who appointed him knows.

Art. 21. Commissioner ad acta

1. Within the scope of its jurisdiction, the administrative judge, if it has to replace the administration, may appoint a commissioner ad acta as its auxiliary. Article 20, paragraph 2, shall apply.

Title II – Parties and advocates

Art. 22. Advocacy

1. Except as provided in Article 23, in judgments before regional administrative courts, the ministry of counsel is mandatory.
2. For judgments before the Council of State, the ministry of counsel admitted to practice before higher courts shall be mandatory.
3. The party or the person representing him or her, when he or she has the requisite capacity to act as a defense counsel with power of attorney at the court hearing the case, may stand trial without the ministry of another defense counsel.

Article 23. Personal defense of the parties

1. Parties may sue in person without the assistance of counsel in judgments on administrative access and transparency, in electoral matters, and in judgments concerning the right of citizens of the European Union and their family members to move and reside freely in the territory of member states.
   (paragraph as amended by Article 52, paragraph 4, letter a), Legislative Decree No. 33 of 2013)

Art. 24. Power of attorney in litigation

1. The power of attorney granted to act and contradict before the court shall also be deemed to be granted to propose additional grounds and cross-appeal, unless otherwise provided in it.

Art. 25. Domicile
(article as replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)

1. Notwithstanding the provisions, with reference to secretarial communications, ofArticle 136, Paragraph 1:
2. (a) in judgments before the regional administrative courts, the party, if he/she does not give an address for service in the municipality of the seat of the regional administrative court or branch where the appeal is pending, shall be deemed to be domiciled, for all purposes, at the secretary’s office of the regional administrative court or branch;
   (b) in judgments before the Council of State, the party, if he/she does not give an address for service in Rome, shall be deemed to be domiciled, for all purposes, at the secretary’s office of the Council of State.

Art. 26. Court costs

1. When issuing a decision, the judge shall also provide for the costs of the case, in accordance with Articles 91, 92, 93, 94, 96 and 97 of the Code of Civil Procedure, also taking into account compliance with the principles of clarity and conciseness referred to in Article 3, paragraph 2. In any case, the judge, also of his own motion, may also order the losing party to pay, in favor of the other party, an equitably determined sum, in any case not exceeding twice the liquidated costs, if there are manifestly unfounded grounds.
   (Paragraph as amended by Article 41, Paragraph 1(a), Law No. 114 of 2014)
2. The court of its own motion shall order the unsuccessful party to pay a monetary penalty in an amount not less than twice and not more than five times the unified contribution due for the lawsuit introduction, when the unsuccessful party has acted or resisted recklessly in court. In contract disputes referred to in Articles 119(a) and 120, the amount of the fine may be raised up to one percent of the value of the contract if it exceeds the above limit.Article 15 of the implementing rules shall apply to the proceeds of the penalties provided for in this paragraph.
   (paragraph so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011, then so replaced by Article 41, paragraph 1(b), Law No. 114 of 2014)

Title III – Actions and Applications

Chapter I – Contradictory and Intervention

Article 27. Contradictory

1. The adversarial process is fully constituted when the writ is served on the respondent administration and, if any, on the other parties.
2. If the suit is instituted against only some of the parties and no forfeiture has occurred, the judge shall order the integration of the adversarial process against the others within a peremptory time limit. Pending the integration of the adversarial process, the judge may issue interim protective measures.

Art. 28. Intervention

1. If the judgment has not been brought against any of the parties against whom the judgment is to be rendered, they may intervene in it, without prejudice to the right of defense.
2. Any person who is not a party to the judgment and is not disqualified from the exercise of the relevant actions, but has an interest therein, may intervene by accepting the state and degree in which the judgment is.
3. When the court, even at the request of a party, deems it appropriate for the trial to be held against a third party, it shall order the intervention of the third party.

Chapter II – Actions of Cognition

Art. 29. Action for annulment

1. An action for annulment on the grounds of violation of law, lack of jurisdiction and excess of power is brought within the 60-day time limit.

Art. 30. Condemnation action

1. An action for condemnation may be brought at the same time as another action or, in cases of exclusive jurisdiction only and in the cases referred to in this article, also independently.
2. An application may be made for an order for compensation for unjust damage resulting from the unlawful exercise of administrative activity or the failure to exercise mandatory activity. In cases of exclusive jurisdiction, compensation may also be sought for damages for injury to subjective rights. If the prerequisites set forth in Article 2058 of the Civil Code are met, damages may be claimed in a specific form.
3. A claim for compensation for injury to legitimate interests shall be made within the limitation period of one hundred and twenty days commencing from the day on which the event occurred or from the knowledge of the measure if the damage derives directly from it. In determining the compensation, the court shall evaluate all factual circumstances and the overall behavior of the parties and, in any case, exclude compensation for damages that could have been avoided by using ordinary diligence, including through the exercise of the means of protection provided.
4. For compensation for any damage that the plaintiff proves to have suffered as a result of wilful or negligent failure to comply with the time limit for concluding the proceedings, the time limit referred to in Paragraph 3 shall not run as long as the failure continues. In any case, the time limit referred to in Paragraph 3 shall begin to run one year after the expiration of the time limit to take action.
5. In the event that an action for annulment has been brought, the claim for compensation may be made in the course of the proceedings or, in any case, up to one hundred and twenty days from the res judicata of the relevant judgment.
6. Any claim for damages for injury to legitimate interests or, in matters of exclusive jurisdiction, subjective rights shall be heard exclusively by the administrative judge.

Article 31. Action against silence and declaration of nullity

1. Once the time limit for the conclusion of the administrative procedure has expired and in the other cases provided for by law, those who have an interest may request a determination of the administration’s obligation to provide.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
2. The action may be brought for as long as the default continues and, in any case, no later than one year after the expiration of the time limit for the conclusion of the proceedings. This is without prejudice to the re-submission of the petition to initiate the proceedings if the conditions are met.
3. The court may rule on the merits of the claim brought before the court only when it is a matter of binding activity or when it appears that no further margins for the exercise of discretion remain and no investigative steps are required to be taken by the administration.
4. An application for a determination of the nullity provided for by law shall be made within the limitation period of one hundred and eighty days. The nullity of the act may always be opposed by the respondent party or be found ex officio by the court. The provisions of this paragraph shall not apply to the nullities referred to in Article 114, paragraph 4 (b), for which the provisions of Title I of Book IV shall remain in effect.

Article 32. Plurality of applications and conversion of shares

1. It is always possible in the same judgment to cumulate related claims brought as main or incidental claims. If the actions are subject to different rites, the ordinary one applies, except as provided in Title V of Book IV.
   (paragraph as amended by Art. 1, paragraph 1, Legislative Decree No. 195 of 2011)
2. The court shall qualify the proposed action on the basis of its substantive elements. If the conditions are met, the judge may always order the conversion of actions.

Title IV – Jurisdictional pronouncements

Art. 33. Measures
(heading as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)

1. The court shall pronounce:
2. (a) judgment when it settles all or part of the case;
3. (b) order when taking precautionary or interlocutory measures, or deciding on jurisdiction;
4. (c) decree in cases prescribed by law.
5. Judgments of first instance are enforceable.
6. Orders and decrees, if not pronounced at a hearing or in chambers and included in the relevant record, shall be communicated to the parties by the secretary’s office within the time limit specified in Article 89, paragraph 3.
7. The order declaring lack of jurisdiction shall in all cases indicate the competent court.

Art. 34. Judgments on the merits

1. If the appeal is granted, the court, within the limits of the application:
2. (a) annul all or part of the challenged measure;
3. (b) orders the administration, which has remained inactive, to take action within a time limit;
4. (c) order the payment of a sum of money, including as compensation for damages, the adoption of appropriate measures to protect the subjective legal situation brought before the court, and provide for specific compensation measures pursuant toArticle 2058 of the Civil Code. The action to order the issuance of a requested measure shall be exercised, within the limits of Article 31, paragraph 3, at the same time as the action to annul the denial measure or the action against silence;
   (letter as amended by Article 1, paragraph 1 (e), Legislative Decree No. 160 of 2012)
5. (d) in cases of substantive jurisdiction, adopt a new act, or amend or reform the contested act;
6. (e) shall order appropriate measures to ensure the implementation of the judgment and rulings that have not been suspended, including the appointment of a commissioner ad acta, which may also take place in the court of cognizance with effect from the expiration of a time limit allotted for compliance.
7. In no case may the court rule with reference to administrative powers that have not yet been exercised. Except as provided in Paragraph 3 and Article 30, Paragraph 3, the court may not rule on the legality of acts that the plaintiff should have challenged in an action for annulment under Article 29.
8. When, in the course of the trial, the annulment of the challenged measure is no longer useful to the plaintiff, the court shall ascertain the unlawfulness of the act if there is an interest for compensation purposes.
9. In the case of pecuniary condemnation, the court may, in the absence of opposition by the parties, establish the criteria according to which the debtor must propose in favor of the creditor the payment of a sum within a reasonable period of time. If the parties fail to come to an agreement, or fail to fulfill the obligations arising from the concluded agreement, the determination of the sum due or the fulfillment of the unfulfilled obligations may be requested by the appeal provided for in Title I of Book IV.
10. If in the course of the trial the plaintiff’s claim is found to be fully satisfied, the court shall declare the matter in dispute to be settled.

Art. 35. Rite pronouncements

1. The court shall declare, also of its own motion, the appeal:
2. (a) inadmissible if he finds that service or filing is late;
3. (b) inadmissible when there is a lack of interest or other reasons preventing a ruling on the merits;
4. (c) inadmissible when in the course of the trial the lack of interest of the parties to the decision arises, or the cross-examination has not been integrated within the allotted time, or other reasons prevent a ruling on the merits arise.
5. The court shall declare the judgment extinct:
6. (a) if, in the cases provided for in this Code, it is not continued or resumed within the peremptory term fixed by law or assigned by the court;
7. (b) by peremption;
8. (c) by waiver.

Art. 36. Interlocutory pronouncements

1. Unless otherwise provided in this Code, the court shall make an order in all cases in which it does not even partially settle the case.
2. The court shall render a non-final judgment when it decides only on some of the issues, even if it takes preliminary measures for the further processing of the case.

Article 37. Excusable error

1. The court may order, even on its own motion, remand for excusable error when there are objective reasons for uncertainty on questions of law or serious impediments of fact.

Title V – Referral Provisions

Art. 38. Internal referral

1. The administrative process is conducted according to the provisions of Book II, which, unless expressly derogated, also apply to appeals and special rites.

Art. 39. External referral

1. For matters not regulated by this Code, the provisions of the Code of Civil Procedure shall apply, insofar as they are compatible or express general principles.
2. However, service of documents in the administrative process shall be governed by the Code of Civil Procedure and special laws concerning the service of judicial documents in civil matters.

BOOK TWO – ADMINISTRATIVE PROCESS OF FIRST INSTANCE

Title I – General Provisions

Chapter I – Appeal

Section I – Appeal and constitution of the parties

Article 40. Contents of the appeal.
(Article so replaced by Article 1, paragraph 1, letter f, Legislative Decree No. 160 of 2012)

1. The appeal must distinctly contain:
2. (a) the identification details of the appellant, his counsel and the parties against whom the appeal is brought;
   (b) an indication of the subject matter of the application, including the act or measure challenged, if any, and the date of its service, communication or otherwise of its knowledge
   (c) a summary statement of the facts;
   (d) the specific grounds on which the appeal is based;
   (e) an indication of the means of proof;
   (f) an indication of the measures requested of the court;
   (g) the signature of the appellant, if he/she is standing in person, or of his/her counsel, with an indication, in this case, of the special power of attorney.
3. Grounds put forward in violation of subsection (1)(d) are inadmissible.

Article 41. Service of the appeal and its recipients

1. Applications are introduced by appeal to the appropriate regional administrative court.
2. If an action for annulment is brought, the appeal must be served, under penalty of forfeiture, on the public administration that issued the contested act and on at least one of the interested parties that is identified in the act itself within the period prescribed by law, running from the service, communication or full knowledge, or, for acts for which individual service is not required, from the day on which the deadline for publication has expired if this is provided for by law or under the law. If an action for condemnation is brought, including on an individual basis, the action shall also be served on any beneficiaries of the unlawful act, pursuant to Article 102 of the Code of Civil Procedure; otherwise, the court shall proceed pursuant to Article 49.
3. Service of appeals against state administrations shall be made in accordance with the rules in force for the defense in court of those administrations.
4. When service of the appeal in the ordinary manner is particularly difficult because of the number of persons to be summoned, the presiding judge of the court or section to which the appeal is assigned may order, at the request of a party, that service be made by public proclamation prescribing the manner of service.
5. The time limit for service of the appeal shall be increased by thirty days if the parties or some of them reside in another state of Europe, or by ninety days if they reside outside Europe.

Article 42. Cross appeal and counterclaim

1. Respondent parties and other interested parties may bring claims whose interest arises in dependence of the main application by way of cross-appeal. The appeal shall be brought within the period of sixty days from receipt of service of the main appeal. For interveners, the time limit shall run from actual knowledge of the filing of the main appeal.
2. The cross-appeal, served in accordance with Article 41 on the opposing parties personally or, if constituted, in accordance with Article 170 of the Code of Civil Procedure, shall have the contents set forth in Article 40 and shall be filed within the time limits and in the manner prescribed in Article 45.
3. Other parties may submit briefs and produce documents within the time limits and in the manner prescribed in Article 46.
4. The cross-appeal shall be heard by the court having jurisdiction over the main appeal, unless the claim introduced by the cross-appeal falls under the jurisdiction of the Regional Administrative Court of Lazio, Rome seat, or under the functional jurisdiction of a regional administrative court pursuant to Article 14, in which case jurisdiction to hear the entire case shall lie with the Regional Administrative Court of Lazio, Rome seat, or with the regional administrative court having functional jurisdiction pursuant to Article 14.
5. In disputes in which subjective rights are at issue, counterclaims dependent on titles already asserted in court shall be brought within the time limits and in the manner set forth in this Article.

Art. 43. Added grounds.

1. Appellants, main and cross-appellants, may introduce by additional grounds new reasons in support of the claims already made, or new claims provided they are related to those already made. The rules provided for the appeal, including those relating to time limits, apply to the additional grounds.
2. Notifications to incorporated counterparties shall be made in accordance with Article 170 of the Code of Civil Procedure.
3. If the new application referred to in Paragraph 1 has been brought in a separate appeal before the same court, the court shall combine the appeals pursuant to Article 70.

Article 44. Defects in the appeal and service

1. The appeal is null and void:
2. (a) if the signature is missing;
3. (b) if, due to failure to comply with the other rules prescribed in Article 40, there is absolute uncertainty as to the persons or subject matter of the application.
4. If the application contains irregularities, the board may order that it be renewed within a time limit set for that purpose.
5. The appearance of the summoned persons shall cure the nullity of the service of the appeal, without prejudice to the rights acquired prior to the appearance, as well as the irregularities referred to in paragraph 2.
6. In cases where service is null and void and the addressee fails to enter an appearance, the court, if it finds that the unsuccessful service depends on a cause not attributable to the notifier, shall set a peremptory time limit for the appellant to renew it. Renewal prevents any forfeiture.

4-bis. Notwithstanding the provisions ofArticle 39, paragraph 2, the nullity of acts may be detected ex officio.
(Paragraph added by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)

Art. 45. Filing of the appeal and other procedural documents

1. The appeal and other procedural documents subject to prior service shall be filed in the secretary’s office of the court within the peremptory term of thirty days, commencing from the moment when the last service of the document itself has been completed also for the addressee. The time limits referred to in this paragraph shall be increased in the cases and to the extent referred to in Article 41, paragraph 5.
2. This shall be without prejudice to the party’s right to file the document, even if it has not yet reached the addressee, from the time when service of the appeal is perfected for the notifier.
3. The party availing itself of the option referred to in paragraph 2 shall be required to file proof of the date on which service was perfected for the addressee as well. In the absence of such proof, the claims introduced by the document cannot be examined.
4. The appellant’s failure to produce a copy of the contested order and supporting documentation does not imply forfeiture.

Art. 46. Constitution of the intimate parties

1. Within the period of sixty days from the completion against them of the notification of the appeal, the parties being challenged may constitute themselves, file pleadings, make petitions, indicate the means of evidence they intend to rely on and produce documents.
2. The administration, within the time limit referred to in paragraph 1, must produce the contested measure, if any, as well as the acts and documents on the basis of which the act was issued, those cited therein and those that the administration deems useful to the judgment.
3. Notice of the production referred to in Paragraph 2 shall be given to the constituted parties by the Secretariat.
4. The time limits referred to in this Article shall be increased in the cases and to the extent referred to in Article 41, Paragraph 5.

Article 47. Allocation of disputes between regional administrative courts and branches

1. In appeals devolved to the detached sections according to the criteria in Article 13, the appeal shall be filed with the secretary’s office of the detached section. Outside the cases referred to in Article 14, the division of disputes between the regional administrative court with its seat in the capital city and the detached section shall not be considered a matter of jurisdiction.
2. If a party, other than the appellant, believes that the appeal should be decided by the regional administrative court with its seat in the capital city instead of the branch, or vice versa, it must object to this in the notice of filing or, in any case, by a notice filed no later than thirty days after the expiration of the time limit referred to in Article 46, Paragraph 1. The president of the regional administrative court shall rule on the objection by a reasoned order that cannot be appealed, after hearing the parties who request it. If precautionary measures have been ordered, Article 15 (8) and (9) shall apply.
3. Except as provided in the last sentence of Paragraph 2, Article 15 shall not apply to the allocation under this Article.

Article 48. Judgment resulting from the transposition of the extraordinary appeal

1. If the party against whom an extraordinary appeal has been filed pursuant to Article 8 et seq. of Presidential Decree No. 1199 of November 24, 1971, files an opposition, the proceedings shall follow before the regional administrative court if the appellant, within the peremptory time limit of sixty days from the receipt of the notice of opposition, files in the relevant secretary’s office the notice of appeal, giving notice thereof by service on the other parties.
2. Pronouncements on the interlocutory petition rendered in the extraordinary court shall lose effect at the expiration of 60 days after the date of filing of the notice of appeal provided for in Paragraph 1. However, the appellant may resubmit the interlocutory application to the regional administrative court.
3. If the objection is inadmissible, the regional administrative court shall order the return of the file for continuation of the trial in the extraordinary court.

Article 49. Integration of cross-examination

1. When the appeal has been filed against only some of the other parties, the chairman or the panel shall order the integration of the cross-examination against the others.
2. The integration of the cross-examination shall not be ordered in cases where the appeal is manifestly inadmissible, inadmissible, improper, or unfounded; in such cases, the panel shall give a simplified judgment pursuant to Article 74.
3. The judge, in ordering the integration of the cross-examination, shall fix the relevant time limit, indicating the parties on whom the appeal must be served. He may authorize, if the conditions are met, service by public notices prescribing the manner thereof. If the notice of supplementation of the cross-examination is not timely served and filed, the court shall proceed in accordance with Article 35.
4. The persons against whom the cross-examination is integrated pursuant to paragraph 1 shall not be prejudiced by the procedural acts previously performed.

Article 50. Voluntary intervention in litigation

1. Intervention shall be proposed by a deed directed to the court hearing the case, bearing the particulars of the intervener. The document must contain the reasons on which it is based, with the production of supporting documents, and must be signed in accordance with Article 40(1)(d).
2. The notice of intervention shall be served on the other parties and shall be filed within the time limits set forth in Article 45; with respect to those parties that have been formed, it shall be served in accordance with Article 170 of the Code of Civil Procedure.
3. The filing of the notice of intervention referred to in Article 28(2) shall be permitted up to 30 days before the hearing.

Article 51. Intervention by court order

1. Where the court orders the intervention referred to in Article 28, paragraph 3, it shall order the party to summon the third party, indicating the documents to be served and the time limit for service.
2. The constitution of the intervener shall be made in the manner set forth in Article 46. Article 49, paragraph 3, third sentence, shall apply.

Section II – Abbreviation, extension and suspension of terms.

Article 52. Time limits and special forms of service

1. Time limits assigned by the court, unless otherwise provided, are peremptory.
2. The presiding judge may also authorize service of the appeal or orders directly by the defendant by any suitable means, including by telematics or fax, pursuant to Article 151 of the Code of Civil Procedure.
3. If the due date is a holiday, the time limit set by law or by the court for compliance shall be extended by right to the first following day that is not a holiday.
4. For time limits counted backward, the due date shall be advanced to the preceding non-holiday day.
5. The extension referred to in paragraph 3 shall also apply to deadlines that expire on a Saturday.

Article 53. Abbreviation of terms

1. In cases of urgency, the presiding judge may, upon application by a party, shorten by up to one-half the time limits prescribed by this Code for scheduling hearings or council chambers. Accordingly, the time limits for defenses of the relevant stage shall be reduced proportionally.
2. The decree to shorten the time limit, drafted at the foot of the application, shall be served by the party requesting it on the administration to which the application is made and on the opposing parties; the shortened time limit shall begin to run from the date of service of the decree.

Article 54. Late filing of pleadings and documents and suspension of time limits

1. The late submission of pleadings or documents may be exceptionally authorized, at the request of a party, by the panel, while still ensuring full respect for the right of the opposing parties to be cross-examined on such acts, if production within the legal deadline has proved extremely difficult.
   (paragraph so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
2. Procedural deadlines are suspended from August 1 to August 31 of each year.
   (seeArticle 1 of Law No. 742 of 1969; term amended by Article 20, paragraph 1-ter, Law No. 132 of 2015)
3. The suspension of time limits provided for in Paragraph 2 does not apply to interlocutory proceedings.

Title II – Interlocutory Proceedings

Article 55. Collegial precautionary measures

1. If the appellant, alleging that he or she will suffer serious and irreparable injury during the time it takes to reach a decision on the appeal, requests the issuance of precautionary measures, including an injunction to pay a sum on an interim basis, which appear, according to the circumstances, to be more appropriate to inter-institutionally ensure the effects of the decision on the appeal, the panel shall rule by order issued in chambers.
2. Where irreversible effects result from the decision on the interlocutory application, the college may order the provision of security, including by surety, to which the granting or denial of the interlocutory measure is subject. The granting or denial of the precautionary measure may not be made subject to security when the precautionary application relates to fundamental personal rights or other property of primary constitutional importance. The order imposing the security shall specify its object, the manner of giving it, and the time limit within which it is to be given.
3. The interlocutory application may be made with the appeal on the merits or by separate application served on the other parties.
4. An application for an interlocutory injunction is inadmissible until a petition is filed to set a hearing on the merits, unless it must be set ex officio.
5. On the interlocutory application, the panel rules in the first council chamber following the 20th day after the completion, including for the addressee, of the last service and, also, the 10th day after the filing of the appeal. The parties may file briefs and documents up to two clear days before the council chamber.
6. For the purposes of interlocutory proceedings, if service is made by the postal service, the plaintiff, if he or she is not yet in possession of the acknowledgement of receipt, may prove the date of completion of service by producing a copy of the certificate of delivery from the mail monitoring service on the postal service’s website. Evidence to the contrary is subject to proof.
7. In the council chamber, the parties may constitute themselves and defense counsel shall be heard if they so request. The hearing shall be conducted orally and in a concise manner.
8. The panel, for serious and exceptional reasons, may authorize the production of documents in chambers, with copies given to the other parties until the beginning of the discussion.
9. The precautionary order gives reasons for the assessment of the attached injury and indicates the profiles that, on summary examination, lead to a reasonable prediction of the outcome of the appeal.
10. The regional administrative court, on remand, if it finds that the needs of the appellant are favorably appreciable and can be adequately protected by the prompt determination of the judgment on the merits, shall set the date for the discussion of the appeal on the merits by collegial order. In the same sense, the Council of State may proceed in the same manner, giving reasons as to why it considers reforming the precautionary order of first instance; in such case, the appeal ruling shall be forwarded to the regional administrative court for the prompt determination of the hearing on the merits.
11. The order by which a precautionary measure is ordered shall set the date for hearing the appeal on the merits. If the hearing is not set, the Council of State, if it confirms the precautionary measure on appeal, shall order the regional administrative court to set the same with priority. For this purpose, the order shall be transmitted by the secretary to the first court.
12. When examining the interlocutory application, the board shall, upon request of a party, take the necessary measures to ensure the completeness of the preliminary investigation and the integrity of the adversarial process.
13. The court hearing the case may order precautionary measures only if it considers its jurisdiction under Articles 13 and 14 to exist; otherwise, it shall take action underArticle 15, paragraph 4.
    (paragraph as amended by Article 1, paragraph 1(g), Legislative Decree No. 160 of 2012)

Article 56. Monocratic precautionary measures

1. Prior to the hearing of the interlocutory application by the panel, in cases of extreme seriousness and urgency, such as not to permit even deferment until the date of the council chamber, the appellant may, with the interlocutory application or by a separate appeal notified to the opposing parties, request the president of the regional administrative court, or of the section to which the appeal is assigned, to order provisional protective measures. The interlocutory application shall be inadmissible until an application for the setting of a hearing on the merits is filed, unless it must be set ex officio. The president shall rule on the application only if he finds that the regional administrative court has jurisdiction, otherwise he shall refer the parties to the panel for the measures referred to in Article 55, paragraph 13.
2. The president or a magistrate delegated by him shall verify that service of the appeal has been perfected on the addressees or at least on the public party and one of the other parties, and shall make a non-appealable reasoned order. Service may also be made by the defense counsel by fax. Article 55, paragraph 6, shall apply. If the need for precautionary measures does not permit ascertainment of the completion of service, for reasons not attributable to the appellant, the chairman may nonetheless proceed, without prejudice to the power of revocation. If deemed necessary, the chairman shall, out of court and without formality, hear, even separately, the parties who have made themselves available prior to the issuance of the decree.
3. If irreversible effects result from the decision on the interlocutory application, the president may make the granting or denial of the interlocutory measure subject to the provision of security, including by surety bond, determined with regard to the extent of the irreversible effects that may result for the parties and third parties.
4. The decree, in which, however, the council chamber referred to in Article 55, paragraph 5, must be indicated, in the event of its acceptance, shall be effective until said council chamber. The decree shall lose its effectiveness if the board does not rule on the interlocutory application in the council chamber referred to in the preceding sentence. As long as it retains effectiveness, the decree is always revocable or amendable upon the application of a notified party. Paragraph 2 shall apply to the latter.
5. If the party avails itself of the option referred to in the second sentence of Paragraph 2, the precautionary measures shall lose their effectiveness if the appeal is not served in the ordinary way within five days of the request for provisional measures.

Article 57. Costs of interlocutory proceedings

1. In the order ruling on the application, the court shall provide for the costs of the interlocutory phase. The ruling on costs shall remain in effect even after the order finalizing the judgment, unless otherwise expressly stated in the judgment on the merits.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)

Art. 58. Revocation or modification of collegial precautionary measures and resubmission of rejected precautionary application

1. The parties may re-submit the interlocutory application to the panel or apply for the revocation or modification of the collegial interlocutory order if there is a change in circumstances or if they allege earlier facts of which they became aware subsequent to the interlocutory order. In such a case, the petitioner must provide proof of the time at which he or she became aware of it.
2. Revocation may also be requested in the cases referred to in Article 395 of the Code of Civil Procedure.

Article 59. Execution of precautionary measures

1. If the precautionary measures are not executed, in whole or in part, the party concerned, by reasoned petition notified to the other parties, may apply to the regional administrative court for appropriate enforcement measures. The court shall exercise the powers inherent in the judgment of compliance under Title I of Book IV and shall award costs. The award of costs made pursuant to this paragraph shall be independent of the award resulting from the judgment on the merits, unless otherwise expressly stated in the judgment.

Article 60. Settlement of the judgment as a result of the interlocutory hearing

1. In ruling on the interlocutory application, provided that at least twenty days have elapsed since the last service of the appeal, the panel, having ascertained the completeness of the cross-examination and preliminary investigation, and having heard on the point the parties entered in the proceedings, may, in chambers, settle the case by a simplified judgment, unless one of the parties declares that it intends to file additional grounds, cross-appeal or settlement of jurisdiction. If the party declares that he/she intends to file a regulation of jurisdiction or jurisdiction, the court shall assign a time limit not exceeding thirty days. If the prerequisites are met, the panel shall order the integration of the cross-examination or adjournment to allow the filing of additional grounds, cross-appeal, or settlement of jurisdiction or jurisdiction, and at the same time set the date for the continuation of the hearing.

Article 61. Precautionary measures prior to the lawsuit

1. In cases of exceptional seriousness and urgency, such that even the prior service of the appeal and the application for provisional protective measures by presidential decree are not possible, the person entitled to appeal may apply for the adoption of such interim and provisional measures as appear indispensable during the time required for the filing of the appeal on the merits and the application for provisional measures during the case.
2. The petition, served in the manner prescribed for service of the appeal, shall be proposed to the president of the regional administrative court having jurisdiction over the case. The president or a magistrate delegated by him, having ascertained the perfection of service for the addressees, shall decide on the petition, hearing, if necessary, the parties and omitting all other formalities. Service may be made by the defense counsel by fax. If the precautionary requirement does not permit the ascertainment of the perfection of service, for reasons not attributable to the appellant, the presiding officer may nonetheless proceed, without prejudice to the power of revocation to be exercised in the forms set forth in Article 56, paragraph 4, third and fourth sentences.
3. The court’s lack of jurisdiction can be detected ex officio.
4. The decree rejecting the petition is not appealable; however, the petition may be resubmitted after the commencement of the trial on the merits under the forms of interlocutory applications in the case.
5. The granting order shall be notified by the applicant to the other parties within the peremptory time limit set by the court, not exceeding five days. If irreversible effects result from the enforcement of the protective order issued under this article, the president may order the provision of security, including by surety bond, to which the granting of the protective measure is subject. In any case, the upholding order loses effect if within fifteen days of its issuance the appeal with the precautionary application is not served and it is not filed within the next five days accompanied by a request for the setting of a hearing; in any case, the measure granted under this article loses effect with the lapse of sixty days from its issuance, after which only the precautionary measures that are confirmed or ordered in the course of the case remain effective. The upholding order is not appealable but, as long as it retains effectiveness, it is always revocable or amendable upon application of a party previously notified. Paragraph 2 applies to the latter.
6. For the implementation of the interlocutory order and ruling on costs, the provisions on interlocutory orders in the course of litigation shall apply.
7. The provisions of this article do not apply to appellate judgments.

Article 62. Interlocutory appeal

1. Interim orders may be appealed to the Council of State within thirty days from the service of the order, or sixty days from its publication.
2. The appeal, filed within the time limit specified in Article 45, shall be decided in chambers by order. Articles 55(2) and (5) to (10), 56 and 57 shall apply to the judgment.
3. The acceptance order ordering precautionary measures shall be forwarded by the secretary to the first judge, also for the purposes of Article 55, Paragraph 11.
4. In the trial referred to in this Article, a violation of Articles 10, paragraph 2, 13, 14, 15, paragraph 2, 42, paragraph 4, and 55, paragraph 13, in the first instance shall also be detected ex officio. If it finds that Articles 13, 14, 15, paragraph 2, 42, paragraph 4, and 55, paragraph 13, have been violated, the judge in charge of the interlocutory appeal shall submit the matter to the parties in accordance withArticle 73, paragraph 3, and shall adjust the jurisdiction ex officio in accordance with Article 16, paragraph 3. When it declares the lack of jurisdiction of the regional administrative court seised, it shall annul with the same order the precautionary measures issued by a court other than the one referred to in Article 15, paragraph 6. Article 15, paragraph 8 shall apply to the settlement of the precautionary stage.
   (paragraph so replaced by Article 1, paragraph 1(h), Legislative Decree No. 160 of 2012)

Title III – Means of Evidence and Instructional Activity.

Chapter I – Means of Evidence

Article 63. Means of proof

1. Without prejudice to their burden of proof, the court may also ask the parties for clarification or documents on its own motion.
2. The court, even on its own motion, may also order third parties to produce documents or whatever else it deems necessary in court, in accordance with the provisions of Article 210 et seq. of the Code of Civil Procedure; it may also order inspection under Article 118 of the same code.
3. At the request of a party, the court may admit testimonial evidence, which is always taken in writing in accordance with the Code of Civil Procedure.
4. If the court deems it necessary to ascertain facts or acquire assessments that require special technical expertise, it may order a verification to be conducted or, if essential, it may order a technical consultation.
5. The judge may also order the taking of the other means of evidence provided for in the Code of Civil Procedure, excluding formal interrogation and oaths.

Chapter II – Admission and Taking of Evidence

Article 64. Availability, burden and evaluation of proof

1. The parties have the burden of providing the evidence that is available to them concerning the facts underlying the claims and exceptions.
2. Except in the cases provided for by law, the judge must place the evidence proposed by the parties as well as the facts not specifically contested by the constituted parties as the basis for the decision.
3. The administrative judge may order, also ex officio, the acquisition of information and documents useful for the purposes of the decision that are available to the public administration.
4. The judge must evaluate the evidence according to his or her prudent appreciation and may infer arguments from the conduct of the parties during the trial.

Article 65. Presidential and collegial investigation

1. The chairman of the section or a magistrate delegated by him shall, upon reasoned application of a party, take the necessary measures to ensure the completeness of the investigation.
2. When the preliminary investigation is ordered by the panel, the panel shall make an order by which the date of the next hearing on the appeal is simultaneously set. The decision on technical expertise and verification is always made by the college.
3. If the administration fails to file the contested order and other documents pursuant to Article 46, the president or a magistrate delegated by him or her, or the board shall order, even at the request of a party, the production of the documents and records within the appropriate time limit and in the appropriate manner.

Article 66. Verification

1. When the panel orders the verification, it shall, by order, identify the body that is to provide it, formulate the questions and set a time limit for its completion and for the filing of the final report. The head of the verifying body, or his delegate if the court has authorized delegation, shall be responsible for the completion of all operations.
2. The order shall be communicated by the secretary to the reviewing body.
3. In the order referred to in paragraph 1, the college may order that an advance payment be made to the verifying body, or its delegate, on the fee.
4. Upon completion of the verification, at the request of the body or its delegate, the chairman shall settle by order the total compensation due to the verifier, provisionally placing it at the expense of one of the parties. The rates established by the provisions on court fees, or, if lower, those established for services rendered by the verifying body, if any, shall apply. In the judgment settling the case, the Board shall finally settle the relevant charge.

Article 67. Ex officio technical expertise

1. In the order by which the court orders the technical expertise, the panel appoints the consultant, formulates the questions, and sets the time limit within which the appointed consultant must appear before the magistrate delegated for this purpose to take the assignment and take the oath in accordance with Paragraph 4. The order shall be communicated to the technical consultant by the secretariat.
2. Any petitions for abstention and recusal of the consultant shall be proposed, under penalty of forfeiture, within the period referred to in paragraph 1.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
3. The college, in the same order referred to in Paragraph 1, shall assign subsequent terms, extendable pursuant to Article 154 of the Code of Civil Procedure, for:
4. (a) the payment to the technical adviser of an advance on his compensation;
5. (b) the appointment, if any, by a declaration received by the secretary, of technical advisers of the parties, who, in addition to being allowed to attend the operations of the judge’s adviser and to interact with him, may attend the hearing and the council chamber whenever the judge’s adviser is present to clarify and carry out, with the permission of the presiding officer, their observations on the results of the technical investigations;
6. (c) the transmission by the court-appointed technical adviser of an outline of his or her report to the parties or, if appointed, to their technical advisers;
7. (d) the transmission to the court-appointed technical adviser of any comments and conclusions of the party’s technical advisers;
8. (e) the filing with the secretariat of the final report, in which the court-appointed technical adviser also gives an account of the comments and conclusions of the party’s consultants and specifically takes a position on them.
9. The consultant’s oath shall be administered before the magistrate delegated for this purpose in the manner prescribed by Article 193 of the Code of Civil Procedure.
10. The total fee payable to the court-appointed consultant shall be liquidated upon completion of operations in accordance with Article 66, paragraph 4, first and third sentences.

Article 68. Time limits and modalities of the investigation

1. The chairperson or the delegated magistrate, or the panel, in admitting the means of evidence shall establish the time limits to be observed and determine the place and manner of its taking by applying, to the extent compatible, the provisions of the Code of Civil Procedure.
2. For the taking of evidence outside the hearing, one of the members of the panel shall be delegated, who shall proceed with the assistance of the secretary who shall draw up the relevant minutes. The secretary shall notify the parties at least five days in advance of the day, time and place of the operations.
3. If the means of investigation is to be carried out outside the territory of the Republic, the request shall be made by rogatory or by proxy to the competent consul, pursuant to Article 204 of the Code of Civil Procedure.
4. The secretary shall notify the parties that the ordered inquiry has been carried out and that the relevant documents are at the secretariat at their disposal.

Article 69. Subrogation of the judge delegated to the investigation.

1. The subrogation of the delegated magistrate or the appointment of another magistrate to replace him or her in some act relating to the execution of the trial shall be ordered by order of the president, even if the delegation took place by collegial order.

Title IV – Meeting, discussion and decision of appeals

Chapter I – Meeting of Appeals

Article 70. Meeting of appeals

1. The panel may, upon application by a party or ex officio, order the joinder of related appeals.

Chapter II – Discussion

Article 71. Scheduling of the hearing

1. The scheduling of the hearing must be requested by one of the parties by special, non-revocable petition, to be filed within a maximum period of one year from the filing of the appeal or from the removal of the case from the register.
2. The party may signal the urgency of the appeal by filing a petition for withdrawal.
3. The chairperson, after the time limit for the other parties to appear has expired, shall set the hearing for the discussion of the appeal.
4. The pendency of the time limit referred to in Article 15, paragraph 2, and the filing of the settlement of jurisdiction shall not preclude the scheduling of the hearing of the case or the decision of the appeal, including pursuant to Articles 60 and 74, unless within the time limit referred to in Article 73, paragraph 1, the party concerned files the application for settlement of jurisdiction notified pursuant to the same Article 15, paragraph 2. In such case, the court may defer the decision until the decision of the settlement of jurisdiction.
5. The decree of fixation shall be communicated by the secretary’s office, at least sixty days prior to the scheduled hearing, to both the appellant and the parties entered in the proceedings. This time limit shall be reduced to forty-five days, upon agreement of the parties, if the hearing on the merits is set following a waiver of the independent determination of the interlocutory application.
6. The chairman shall designate the rapporteur at least 30 days before the hearing date.

Article 72. Priority in the handling of appeals dealing with a single issue

1. If in order to decide the dispute, a single question of law needs to be resolved, even after all pleas or exceptions have been waived, and if the parties agree on the facts of the case, the chairman shall set a hearing for discussion as a matter of priority.
2. If the panel finds that the conditions referred to in paragraph 1 do not exist, it shall order that the case be continued in the ordinary manner.

Article 73. Hearing of discussion

1. The parties may produce documents up to forty clear days before the hearing, pleadings up to thirty clear days, and submit replies, to new documents and pleadings filed in advance of the hearing, up to twenty clear days.
   (paragraph as amended by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
2. At the hearing, the parties may argue briefly.
3. If he deems to base his decision on a matter noted ex officio, the judge shall indicate it at the hearing and record it in the minutes. If the issue emerges after the passage of the decision, the judge reserves the latter and by order assigns the parties a period not exceeding thirty days to file pleadings.

Art. 74. Judgments in simplified form

1. In the event that it finds that the appeal is manifestly justified or manifestly inadmissible, inadmissible, inadmissible, or unfounded, the court shall decide by a simplified judgment. The grounds for the judgment may consist of a concise reference to the point of fact or law considered decisive or, where appropriate, to a conforming precedent.

Chapter III – Deliberation

Article 75. Deliberation of the college

1. The panel, after discussion, decides the case.
2. The decision may be deferred to one of the subsequent chambers.

Article 76. Method of voting

1. The magistrates designated for the hearing may be present in the council chamber.
2. The decision is made in the council chamber by a vote of the members of the panel only.
3. The chairperson collects the votes. The decision is made by majority vote. The first to vote is the rapporteur, then the second member of the panel, and finally the chairman. In judgments before the Council of State, the first to vote is the rapporteur, then the least senior in order of rank, and so continuing until the chairman.
4. Article 276, second, fourth and fifth paragraphs, of the Code of Civil Procedure and Article 118, fourth paragraph, of the provisions for the implementation of the Code of Civil Procedure shall apply.
   (paragraph as amended by Article 1, paragraph 1, letter i), Legislative Decree No. 160 of 2012)

Title V – Incidents in the process

Chapter I – Incident of Forgery

Art. 77. Complaint of forgery

1. A person who alleges the falsity of a document must prove that a complaint of forgery has already been filed or apply for the establishment of a time limit within which he or she may file it before the competent ordinary court.
2. If the dispute can be decided independently of the document whose falsity is alleged, the panel shall rule on the dispute.
3. Proof of the filing of the false claim shall be filed with the case file within thirty days after the expiration of the time limit set pursuant to paragraph 1. If it fails to do so, the chairman shall set the hearing of the case.
4. Upon the filing of the lawsuit, the panel shall suspend the decision until the settlement of the forgery case.

Article 78. Filing of the judgment rendered on the false complaint

1. After the judgment of forgery is settled, the party alleging the forgery shall file a certified copy of the judgment with the secretary’s office.
2. The appeal shall be declared dismissed if no party files the copy of the judgment within ninety days after it becomes final.

Chapter II – Suspension and interruption of proceedings

Article 79. Suspension and interruption of the trial

1. Stay of trial is governed by the Code of Civil Procedure, other laws and European Union law.
2. Stay of proceedings is governed by the provisions of the Code of Civil Procedure.
3. Stay orders issued under Article 295 of the Code of Civil Procedure are appealable. The appeal shall be decided in chambers.

Article 80. Continuation or resumption of the suspended or interrupted trial

1. In the event of a stay of judgment, a motion for a hearing must be filed for its continuation within ninety days of the notice of the act that causes the cause of the stay to cease.
2. The interrupted trial continues if the party against whom the interruptive event occurred files a new application for a hearing.
3. If a continuation pursuant to Paragraph 2 does not take place, the trial shall be resumed, by the most diligent party, by an appropriate document served on all other parties, within the peremptory period of ninety days from the legal knowledge of the interruptive event, acquired by declaration, service or certification.

Title VI – Extinction and unfeasibility

Art. 81. Peremption

1. The application shall be deemed to have perished if no procedural steps are taken in the course of one year. The time limit shall not run from the filing of the petition referred to in Article 71, paragraph 1, and as long as no action has been taken on it, except as provided in Article 82.

Article 82. Forfeiture of over-five-year appeals.

1. After the lapse of five years from the date of filing of the appeal, the secretariat shall provide the parties filed with special notice pursuant to which the appellant shall be required to file a new petition for the setting of a hearing, signed by the party who issued the power of attorney referred to in Article 24 and his counsel, within one hundred eighty days from the date of receipt of the notice. In the absence of such new petition, the appeal shall be declared forfeited.
2. If, in the absence of the notice referred to in paragraph 1, notice of the hearing on the merits is communicated to the parties, the appeal shall be decided if the appellant declares, including at the hearing through his or her counsel, that he or she has an interest in the decision; otherwise, it shall be declared forfeited by the chairman of the panel by decree.

Art. 83. Effects of peremption

1. Forfeiture operates as of right and can also be detected ex officio. Each party shall bear its own costs in the judgment.

Article 84. Waiver

1. The party may renounce the appeal at any stage and level of the litigation, by a declaration signed by himself or by the lawyer with a special power of attorney and filed with the secretary’s office, or by a declaration made at the hearing and documented in the relevant record.
2. The renouncer shall pay the costs of the procedural steps taken, unless the panel, having regard to all circumstances, deems it necessary to offset them.
3. The waiver must be notified to the other parties at least 10 days before the hearing. If the parties with an interest in the continuation do not object, the trial shall be extinguished.
4. Even in the absence of the formalities referred to in the preceding paragraphs, the judge may infer from the intervention of unambiguous facts or acts after the filing of the appeal and also from the behavior of the parties arguments of proof of the supervening lack of interest in the decision of the case.

Article 85. Form and procedure for extinguishment and unfeasibility.

1. The extinction and unfeasibility referred to in Article 35 may be pronounced by decree by the president or a magistrate delegated by him.
2. The decree shall be deposited in the secretary’s office, which shall notify the constituted parties.
3. Within sixty days of the notice each of the constituted parties may file an opposition to the panel by a notice served on all other parties.
4. Opposition proceedings shall be conducted in accordance with Article 87, paragraph 3, and shall be decided by an order which, if the opposition is upheld, shall set the hearing on the merits.
5. In case of rejection, the costs shall be borne by the opponent and shall be settled by the board in the same order, excluding the possibility of even partial compensation.
6. The order shall be filed with the secretary’s office, which shall notify the constituted parties.
7. An appeal may be brought against the order deciding the opposition.
8. The appeal is conducted according to the provisions of Article 87, paragraph 3.
   (paragraph so replaced by Article 1, paragraph 1, letter l), Legislative Decree No. 160 of 2012)
9. Extinction and unfeasibility shall be declared by judgment if they occur, or are ascertained, at the hearing of argument.

Title VII – Correction of material error in court orders

Art. 86. Correction procedure

1. Where omissions or clerical errors need to be corrected, the application for correction shall be made to the judge who issued the order, who, if there is consent of the parties, shall order by decree, in chambers, the correction.
2. If the parties disagree, the panel shall rule on the application for correction by order in chambers.
3. The correction shall be made in the margin or at the foot of the original order, indicating the decree or order that ordered it.

Title VIII – Hearings

Article 87. Public hearings and proceedings in chambers.

1. Hearings shall be public under penalty of nullity, except as provided for in paragraph 2, but the presiding judge may order that they be held in camera if reasons of state security, public order or morality arise.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
2. In addition to the other cases expressly provided for, they are dealt with in chambers:
3. (a) precautionary judgments and those relating to the execution of collegiate precautionary measures;
4. (b) the judgment in matters of silence;
5. (c) the judgment on access to administrative documents and violation of administrative transparency obligations;
   (letter as amended by Article 52, paragraph 4, letter b), Legislative Decree No. 33 of 2013)
6. (d) compliance judgments;
7. (e) judgments in opposition to decrees pronouncing the extinction or unsuitability of the judgment.
8. In the judgments referred to in paragraph 2, with the exclusion of the hypothesis referred to in subparagraph a), and without prejudice to the provisions ofArticle 116, paragraph 1, all procedural time limits shall be halved with respect to those of the ordinary trial, except, in first instance judgments, those for the service of the introductory appeal, cross-appeal and additional grounds. The council chamber shall be set ex officio at the first useful hearing following the thirtieth day after the expiration of the time limit for the filing of the notice of appearance of the parties involved. In the council chamber, defense counsel who so request shall be heard.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)
9. Treatment in public hearing does not constitute grounds for nullity of the decision.

Title IX – Judgment

Article 88. Contents of the judgment

1. The judgment is pronounced in the name of the Italian people and bears the heading “Italian Republic.”
2. It must contain:
3. (a) an indication of the court hearing the case and the panel that pronounced it;
4. (b) the names of the parties and their lawyers;
5. (c) questions;
6. (d) a concise statement of the factual and legal grounds for the decision, including a reference to precedents with which it intends to comply;
7. (e) the operative part, including the ruling on costs;
8. (f) an order that the decision be executed by the administrative authority;
9. (g) an indication of the day, month, year and place where the decision is rendered;
10. (h) the signature of the chairperson and the extender.
11. Article 118(3) of the Provisions for the Implementation of the Code of Civil Procedure applies.
12. If the presiding officer is unable to sign due to death or other impediment, the judgment shall be signed by the most senior member of the panel, provided that the impediment is mentioned before signing; if the draftsman is unable to sign the judgment due to death or other impediment, the signature of the presiding officer alone shall suffice, provided that the impediment is mentioned before signing.

Article 89. Publication and communication of the judgment

1. The judgment shall be drawn up no later than the 45th day from the day of the decision of the case.
2. The judgment, which may no longer be amended after it has been signed, shall be immediately made public by filing it in the secretary’s office of the court that rendered it.
3. The secretary shall record the filing at the bottom of the judgment, date and sign it, and within five days notify the constituted parties.

Art. 90. Publicity of the judgment

1. If the publicity of the judgment may contribute to repairing the damage, including that arising as a result of the provisions of Article 96 of the Code of Civil Procedure, the judge, upon request of a party, may order it at the losing party’s expense, by means of insertion by excerpt, or by means of communication, in the forms specifically indicated, in one or more newspapers, radio or television stations and Internet sites designated by him. If the insertion is not made within the time limit set by the court, the party in whose favor it was ordered may proceed with it, with the right to recover the costs from the obligor.

BOOK THREE – APPEALS

Title I – Appeals in general

Art. 91. Means of appeal

1. The remedies for appealing judgments are appeal, revision, third-party objection, and cassation appeal on jurisdictional grounds only.

Article 92. Time limits for appeals

1. Except as otherwise provided by special provisions of law, appeals shall be made by appeal and shall be served within the peremptory time limit of sixty days from the service of the judgment.
2. For the cases of revocation provided for in Nos. 1, 2, 3 and 6 of the first paragraph of Article 395 of the Code of Civil Procedure and third-party opposition provided for in Article 108, paragraph 2, the time limit referred to in paragraph 1 shall run from the day on which the fraud or forgery or collusion was discovered or the document was recovered or the judgment referred to in No. 6 of the same Article 395 became final.
3. Failing service of the judgment, the appeal, the revision under Nos. 4 and 5 of Article 395 of the Code of Civil Procedure and the cassation appeal must be served within six months of the publication of the judgment.
4. The provision in Paragraph 3 does not apply when the party who did not enter an appearance proves that he or she did not have knowledge of the trial due to the nullity of the appeal or its service.
5. Without prejudice to the provisions of Article 16, paragraph 3, a protective order that implicitly or explicitly also decided on jurisdiction is appealable under Article 62. Instructional or interlocutory orders referred to in Article 36, paragraph 1, or those disallowing the interlocutory application without express reference to the issue of jurisdiction do not constitute an implied decision on jurisdiction. A judgment that, either implicitly or explicitly, has ruled on jurisdiction along with the merits is appealable in the ordinary manner and within the time limits set forth in paragraphs 1, 3 and 4.

Article 93. Place of service of the appeal

1. The appeal must be served at the residence declared or domicile elected by the party in the notice of service of the judgment or, failing that, at the defendant’s lawyer’s office or at the residence declared or domicile elected for the judgment and resulting from the judgment.
2. Where service has been unsuccessful because the domiciliary agent has moved without serving a formal notice on the other parties, the party wishing to appeal may petition the president of the regional administrative court or the president of the Council of State, depending on which court is hearing the appeal, together with a certificate of failure to serve, for the setting of a peremptory time limit for the completion of service or the renewal of the appeal.

Article 94. Filing of appeals.

1. In appeals, revocations and third-party appeals, the appeal must be filed in the secretary’s office of the court hearing the case, under penalty of forfeiture, within 30 days of the last service pursuant to Article 45, together with a copy of the appealed judgment and proof of service.

Article 95. Parties to the appeal judgment

1. An appeal of a judgment rendered in an inseparable case or in cases dependent on each other shall be served, on all parties to the case and, in other cases, on the parties with an interest in contradicting the judgment.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
2. The appeal must be served under penalty of inadmissibility within the terms provided for in Article 92 on at least one of the parties interested in contradicting.
3. If the judgment has not been appealed against all the parties referred to in paragraph 1, the judge shall order the integration of the adversarial process, setting the time limit within which the notification must be made, as well as the next hearing.
4. The appeal shall be declared inadmissible if none of the parties provides for the integration of the cross-examination within the time limit set by the judge.
5. The State Council, if it recognizes that the appeal is manifestly inadmissible, inadmissible, improper, or unfounded, may not order the integration of the cross-examination, when the appeal of other parties is precluded or excluded.
6. Article 23(1) does not apply to appeals.

Article 96. Appeals against the same judgment.

1. All appeals brought separately against the same judgment must be joined in one trial.
2. Cross-appeals may be brought pursuant to Articles 333 and 334 of the Code of Civil Procedure.
3. The cross-appeal referred to in Article 333 of the Code of Civil Procedure may be brought against any part of a judgment and must be brought by the party within sixty days of service of the judgment or within sixty days of the first service against him of another appeal, whichever is earlier.
4. In a cross-appeal brought pursuant to Article 334 of the Code of Civil Procedure, autonomous chapters of the judgment may also be challenged; however, if the main appeal is declared inadmissible, the cross-appeal loses all effectiveness.
5. The cross-appeal referred to in Article 334 of the Code of Civil Procedure must be brought by the party within sixty days from the date on which service of the main appeal was perfected on him and filed, together with proof of service, within the time limit referred to inArticle 45.
   (paragraph as amended by Article 1, paragraph 1 (m), Legislative Decree No. 160 of 2012)
6. In the event of failure to combine several appeals ritually brought against the same judgment, the decision of one of the appeals does not result in the inadmissibility of the others.

Article 97. Intervention in appeal proceedings.

1. Any person with an interest in the appeal may intervene in the case by notice served on all parties.

Art. 98. Precautionary measures

1. Without prejudice to the provisions of Article 111, the appellate court may, upon application by a party, after evaluating the grounds put forward and if serious and irreparable harm may result from the enforcement, order the suspension of the enforceability of the judgment appealed against, as well as other appropriate precautionary measures, by order made in chambers.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)
2. The proceedings shall be conducted in accordance with the provisions of Book II, Title II, as applicable.
   (paragraph replaced by Article 1, paragraph 1 (n), Legislative Decree No. 160 of 2012)

Article 99. Referral to plenary meeting

1. The section to which the appeal is assigned, if it finds that the point of law submitted to it has given rise or may give rise to jurisprudential contrasts, by order issued at the request of the parties or of its own motion may refer the appeal to the plenary assembly for consideration. The plenary assembly, if it sees fit, may return the files to the Chamber.
   (paragraph as amended by Article 1, paragraph 1 (o), Legislative Decree No. 160 of 2012)
2. Prior to decision, the president of the Council of State, at the request of the parties or ex officio, may refer any appeal to the plenary session to resolve questions of principle of particular importance or to settle jurisprudential contrasts.
3. If the chamber to which the appeal is assigned considers that it disagrees with a principle of law enunciated by the full court, it shall refer the decision of the appeal to the full court by reasoned order.
4. The plenum decides the entire dispute, unless it deems to state the principle of law and otherwise return the judgment to the remitting Chamber.
5. If it deems the matter to be of special importance, the plenary assembly may still enunciate the principle of law in the interest of the law even when it declares the appeal inadmissible, inadmissible or improper, or the extinction of the judgment. In such cases, the plenum’s pronouncement has no effect on the appealed measure.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)

Title II – Appeal

Article 100. Appealability of judgments of regional administrative courts.

1. Appeals against the judgments of the regional administrative courts shall be allowed to the Council of State, without prejudice to the jurisdiction of the Council of Administrative Justice for the Sicilian Region for appeals against the judgments of the Regional Administrative Court for Sicily.

Article 101. Contents of the appeal

1. The appeal must contain an indication of the appellant, the defense counsel, the parties against whom the appeal is brought, the judgment being appealed, as well as a summary statement of facts, specific objections against the heads of the judgment appealed, the conclusions of the case, the signature of the appellant if he/she is standing in person pursuant toArticle 22, paragraph 3, or of the defense counsel with an indication, in this case, of the special power of attorney issued also together with that for the first instance judgment.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
2. Claims and exceptions declared absorbed or unexamined in the judgment at first instance, which are not expressly re-proposed in the notice of appeal or, for parties other than the appellant, in a memorandum filed under penalty of forfeiture within the time limit for filing suit, are deemed waived.

Article 102. Standing to bring the appeal

1. Parties among whom the first instance judgment was rendered may appeal.
2. The intervener may appeal only if he or she holds an independent legal position.

Article 103. Optional reservation of appeal

1. An appeal or reservation of appeal is available against non-final judgments by notice served within the time limit for appeal and filed within the next 30 days with the secretary of the regional administrative court.

Article 104. New applications and exceptions

1. No new claims, subject to the provisions of Article 34, Paragraph 3, or new exceptions that cannot be raised ex officio may be brought in the appeal. However, interest and accessories accrued after the appealed judgment and compensation for damages incurred after the judgment may be claimed.
2. No new evidence shall be admitted and no new documents shall be produced unless the panel deems them indispensable to the decision of the case, or the party proves that he/she was unable to propose or produce them in the first instance trial for reasons not attributable to him/her.
3. Additional grounds may be proposed if the party becomes aware of documents not produced by the other parties in the first instance proceedings from which defects in the challenged administrative acts or measures emerge.

Article 105. Referral to the first judge

1. The State Council remands the case to the court of first instance only if there has been a lack of cross-examination, or the right of defense of one of the parties has been infringed, or it declares the judgment null and void, or it reforms the judgment or order that declined jurisdiction or ruled on jurisdiction or declared the case extinct or perishable.
   (paragraph as amended by Article 1, paragraph 1(p), Legislative Decree No. 160 of 2012)
2. In appeals against orders of regional administrative tribunals that have declined jurisdiction or competence, the proceedings in chambers referred to in Article 87, paragraph 3, shall be followed.
3. The parties must resume the trial with an appeal served within the peremptory term of ninety days from the service or, if earlier, from the service of the judgment or order.
   (paragraph so replaced by Article 1, paragraph 1(p), Legislative Decree No. 160 of 2012)

Title III – Revocation

Art. 106. Cases of revocation

1. Except as provided in Paragraph 3, judgments of regional administrative courts and the Council of State may be appealed by way of revision in the cases and manner provided for in Articles 395 and 396 of the Code of Civil Procedure.
2. The revision may be appealed to the same court that rendered the contested judgment.
3. Against judgments of regional administrative courts, revocation is permissible if the grounds cannot be deduced by appeal.

Article 107. Appeal of the judgment rendered in the revocation judgment

1. The remedies to which the judgment issued in the revocation suit was originally subject are allowed against the judgment appealed by revocation.
2. The judgment rendered in the revocation judgment may not be appealed by revision.

Title IV – Opposition of third parties

Art. 108. Cases of third-party opposition

1. A third party may object to a judgment of the regional administrative court or the Council of State rendered between other parties, even if it has become final, when it affects his or her rights or legitimate interests.
   (Paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)
2. Successors in title and creditors of one of the parties may object to the judgment when it is the effect of malice or collusion to their detriment.

Art. 109. Competence

1. Third-party opposition shall be filed before the court that rendered the judgment appealed, except in the case referred to in paragraph 2.
2. If an appeal is brought against the judgment of the first instance, the third party shall introduce the application referred to in Article 108 by intervening in the appeal. If the third-party objection has already been filed with the court of first instance, the court of first instance shall declare it inadmissible and, if the opponent has not yet done so, shall set a time limit for intervention in the appeal proceedings in accordance with the preceding sentence.

Title V – Cassation Appeal

Article 110. Grounds for appeal

1. Appeals in cassation are allowed against judgments of the Council of State on grounds of jurisdiction only.

Article 111. Suspension of the judgment

1. The Council of State, if requested by application notified in advance to the other parties, may, in cases of exceptional seriousness and urgency, suspend the effects of the appealed judgment and order other appropriate precautionary measures. Articles 55(2), (5), (6) and (7) and 56(1), first sentence, (2), (3), (4) and (5) shall apply to the proceedings. A copy of the order shall be sent to the registry of the Court of Cassation.
   (paragraph so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011, then by Article 1, paragraph 1(q), Legislative Decree No. 160 of 2012)

BOOK FOUR – COMPLIANCE AND SPECIAL RITES

Title I – Judgment of Compliance

Art. 112. General provisions on the judgment of compliance.

1. The administrative law judge’s orders must be enforced by the government and other parties.
2. Compliance action can be brought to achieve implementation:
3. (a) of the administrative judge’s judgments that have become final;
4. (b) of enforceable judgments and other executive orders of the administrative law judge;
5. (c) of judgments that have become res judicata and other measures equivalent thereto of the ordinary courts, in order to obtain the fulfillment of the obligation of the public administration to comply, as far as the decided case is concerned, with the judgment;
6. (d) of judgments that have become final and other measures equivalent to them for which the remedy of compliance is not provided, in order to obtain compliance with the obligation of the public administration to comply with the decision;
7. (e) of enforceable arbitration awards that have become unenforceable in order to obtain fulfillment of the government’s obligation to comply, as to the decided case, with the judgment.
8. An action for an order to pay sums by way of revaluation and interest accrued after the res judicata of the judgment, as well as an action for damages related to the impossibility or otherwise the total or partial failure to execute the judgment in specific form or its violation or avoidance, may be brought, even in a single instance before the court of compliance.
   (paragraph so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
9. (Paragraph deleted by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)
10. An appeal under this article may also be brought for the purpose of obtaining clarification on how to comply.

Art. 113. Judge of compliance

1. The appeal is brought, in the case referred to in Article 112, paragraph 2 (a) and (b), to the court that issued the order whose compliance is at issue; the regional administrative court also has jurisdiction over its orders upheld on appeal with reasons that have the same dispositive and conforming content as the first instance orders.
2. In the cases referred to in Article 112, paragraph 2 (c), (d) and (e), the appeal is brought to the regional administrative court in whose district the court that issued the judgment whose compliance is sought is located.

Art. 114. Proceedings

1. The action is brought, even without prior notice, by notice served on the public administration and all other parties to the judgment defined by the judgment or award whose compliance is at issue; the action is time-barred with the passage of ten years after the judgment becomes final.
2. Together with the appeal, a certified copy of the order of which compliance is sought shall be filed, with any evidence of its becoming final.
   (paragraph so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
3. The judge shall decide by a simplified judgment.
4. The judge, if the appeal is granted:
5. (a) orders compliance, prescribing the manner thereof, including by determining the content of the administrative measure or issuing it in lieu of the administration;
6. (b) declare void any acts in violation or circumvention of the judgment;
7. (c) in the case of compliance with non-judgments or other measures, determine the manner of enforcement, considering the acts issued in violation or circumvention to be ineffective, and provide accordingly, taking into account the resulting effects;
8. (d) appoint, where necessary, a commissioner ad acta;
9. (e) unless it would be manifestly inequitable, and if there are no other grounds for refusal, shall fix, upon request of a party, the sum of money owed by the respondent for each subsequent violation or noncompliance, or for each delay in the execution of the judgment; this ruling shall constitute an enforcement order.
10. If enforcement of an order is sought, the court shall make an order.
11. The court shall hear all matters relating to compliance, as well as, between the parties against whom the judgment has been entered, those relating to the acts of the acting commissioner. Against the acts of the commissioner ad acta the same parties may file, before the compliance judge, a complaint, which shall be filed, after notification to the interested parties, within sixty days. Acts issued by the compliance judge or his auxiliary shall be appealable by third parties unrelated to the judgment pursuant to Article 29, under the ordinary procedure.
    (paragraph so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
12. In the case of an appeal under Paragraph 5 of Article 112, the court shall provide clarification on how to comply, including at the request of the commissioner.
13. The provisions of this Title shall also apply to appeals against court orders made by the court of compliance.
14. The time limits for appeals are as stipulated in Book III.

Art. 115. Enforceable title and issuance of extract of court order with enforcement formula

1. Decisions of the administrative law judge constituting an enforcement order shall be sent, upon request of a party, in an enforceable form.
2. Orders issued by the administrative judge ordering the payment of sums of money shall also constitute a title for execution in the forms governed by Book III of the Code of Civil Procedure and for the registration of a mortgage.
3. For the purposes of the judgment of compliance under this Title, an enforcement order need not be affixed.

Title II – Rite on access to administrative documents.

Art. 116. Rite on access to administrative documents.

1. Against determinations and against the silence on requests for access to administrative documents, as well as for the protection of the right of civic access related to non-compliance with transparency obligations, the appeal shall be lodged within thirty days from the knowledge of the contested determination or from the formation of the silence, by notifying the administration and at least one other party.Article 49 shall apply. The time limit for filing cross-appeals or additional grounds shall be thirty days.
   (paragraph as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011, then by Article 52, paragraph 4, letter c), Legislative Decree No. 33 of 2013)
2. During the pendency of a trial to which the request for access is related, the appeal referred to in paragraph 1 may be brought by a petition filed with the secretary’s office of the section to which the main appeal is assigned, after notification to the administration and any other interested parties. The petition shall be decided by an order separately from the main appeal, or by the judgment defining the appeal.
3. The administration may be represented and defended by its own employee authorized to do so.
4. The judge decides with a simplified ruling; if the conditions are met, he orders the production and, where applicable, the publication, of the requested documents, within a period not exceeding, as a rule, thirty days, dictating, where necessary, the relevant procedures.
   (paragraph as amended by Article 52, paragraph 4, letter d), Legislative Decree No. 33 of 2013)
5. The provisions of this article also apply to appeals.

Title III – Protection against inaction by the public administration.

Art. 117. Appeals against silence

1. An appeal against the silence shall be made, even without prior notice, by notice served on the administration and at least one other party within the time limit specified in Article 31, paragraph 2.
2. The appeal shall be decided by a simplified judgment, and in the event that the appeal is upheld in whole or in part, the court shall order the administration to act within a period not exceeding, as a rule, thirty days.
3. The court shall appoint, where necessary, a commissioner ad acta with the judgment by which it settles the case or subsequently at the request of the party concerned.
4. The court shall hear all matters relating to the exact adoption of the requested measure, including those pertaining to the acts of the commissioner.
5. If the express measure, or an act related to the subject matter of the dispute, is superseded in the course of the judgment, it may also be challenged by additional grounds, within the time limits and by the procedure provided for the new measure, and the entire judgment shall continue by that procedure.
6. If the action for damages under Article 30, Paragraph 4, is brought jointly with the action under this Article, the court may settle the action against the silence under the chamber procedure and deal with the claim for damages under the ordinary procedure.

6-bis. The provisions of paragraphs 2, 3, 4 and 6 shall also apply to appeals.
(Paragraph added by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)

Title IV – Injunction proceedings

Article 118. Injunctive decree

1. In disputes subject to the exclusive jurisdiction of the administrative court, involving subjective rights of a pecuniary nature, Chapter I of Title I of Book IV of the Code of Civil Procedure applies. The president or a magistrate delegated by him shall have jurisdiction over the injunction. Opposition is brought by appeal.

Title V – Abbreviated rites relating to special disputes

Article 119. Abbreviated rite common to certain matters

1. The provisions of this article shall apply in judgments concerning disputes relating to:
2. (a) Measures concerning procedures for the awarding of public works, services and supplies, except as provided in Article 120 et seq;
3. (b) measures adopted by independent administrative authorities, excluding those relating to the service relationship with its employees;
4. c) measures relating to procedures for privatization or divestiture of public enterprises or assets, as well as those relating to the establishment, modification or suppression of companies, companies and institutions by local authorities;
   c-bis) measures adopted in the exercise of special powers relating to activities of strategic importance in the defense and national security sectors and in the energy, transport and communications sectors;
   (letter added by Article 3, Paragraph 6, Law No. 56 of 2012)
   d) appointment measures, adopted after deliberation by the Council of Ministers;
5. (e) the measures of dissolution of the governing bodies of local authorities and related measures, which concern their formation and functioning;
   (letter so replaced by Article 1, paragraph 1, letter r), Legislative Decree No. 160 of 2012)
   (f) the measures relating to the procedures of occupation and expropriation of areas intended for the execution of public works or public utility and the measures of expropriation of inventions adopted pursuant to the Industrial Property Code;
6. (g) measures of the Italian National Olympic Committee or sports federations;
7. (h) the orders adopted in all emergency situations declared under Article 5, Paragraph 1, of Law No. 225 of February 24, 1992, and the consequent commissioner measures;
8. (i) the employment relationship of security intelligence personnel, pursuant to Article 22, Law No. 124 of August 3, 2007;
9. (l) disputes in any way pertaining to the procedures and measures of the public administration concerning electric power generation facilities referred to in Decree-Law No. 7 of February 7, 2002, converted, with amendments, by Law No. 55 of April 9, 2002, including those concerning electric power generation from nuclear sources, regasifiers, import gas pipelines, thermoelectric power plants with a thermal power capacity exceeding 400 MW as well as those concerning transportation infrastructure included or to be included in the national transmission network or national gas pipeline network;

(letter as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
m) the measures of the Central Commission for the definition and application of special protection measures, reciting application, modification and revocation of special protection measures in respect of collaborators and witnesses of justice;
m-bis) disputes concerning the measures of the National Regulatory Agency of the postal sector referred to in letter h) of paragraph 2 of Article 37 of Law No. 96 of June 4, 2010, including those sanctioning and excluding those relating to employment relations;
(letter added by Article 2, paragraph 2, Legislative Decree No. 58 of 2011)
m-ter) the measures of the National Agency for Water Regulation and Supervision established by Article 10, paragraph 11, of Decree-Law No. 70 of May 13, 2011, converted, with amendments, by Law No. 12 July 2011, no. 106;
m-quater) individual and collective actions against gender discrimination in the workplace, provided for in Article 36 et seq. of Legislative Decree No. 198 of July 25, 2006, when they fall, pursuant to the said decree, under the jurisdiction of the administrative court.
(Letters added by Art. 1, paragraph 1, Legislative Decree No. 195 of 2011)
m-quinquies) the acts and measures taken in implementation of a recovery decision referred to in Article 14 of Council Regulation (EC) No 659/1999 of March 22, 1999.
(letter added by Article 49, paragraph 1, Law No. 234 of 2012)

2. All ordinary procedural time limits shall be halved except, in first instance judgments, those for the service of the preliminary appeal, cross-appeal, and additional grounds, as well as those referred to in Article 62, paragraph 1, and those expressly regulated in this Article.
3. Without prejudice to the application of Article 60, the regional administrative court called upon to rule on the interlocutory application, having ascertained the completeness of the cross-examination or ordered the integration thereof, if it deems, upon an initial summary examination, the existence of profiles of merits of the appeal and of serious and irreparable prejudice, shall set by order the date for discussion of the merits at the first hearing following the expiration of the term of thirty days from the date of filing of the order, also ordering the filing of the necessary documents and the acquisition of any other evidence needed. In the event of rejection of the interlocutory application by the regional administrative court, where the State Council reforms the first instance order, the appellate ruling shall be forwarded to the regional administrative court for the setting of the hearing on the merits. In such case, the 30-day period shall run from the date of receipt of the order by the secretariat of the regional administrative court, which shall notify the parties.
4. In the order referred to in Paragraph 3, in cases of extreme gravity and urgency, the regional administrative court or the Council of State may order appropriate precautionary measures. The provisions of Title II of Book II, insofar as not derogated from this article, shall apply to the precautionary proceedings.
5. When at least one of the parties, at the hearing discussion, declares an interest in the publication of the operative part in advance of the judgment, the operative part shall be published by filing it in the secretary’s office no later than seven days after the case is decided. The party’s declaration shall be attested in the hearing record.
6. The party may apply to the Council of State for a stay of the enforceability of the operative part by filing an appeal within thirty days of its publication, subject to the grounds to be filed within thirty days of the notification of the judgment or within three months of its publication. Failure to request a stay of the enforceability of the operative part does not preclude the possibility of requesting a stay of the enforceability of the judgment after the grounds have been published.
7. The provisions of this article also apply in appeals, revocations and third-party challenges.

Article 120. Provisions specific to the judgments referred to in Article 119(1)(a).

1. The acts of awarding procedures, including procedures for the awarding of design commissions and competitions and related technical-administrative activities, relating to public works, services or supplies, as well as related measures of the Authority for the Supervision of Public Works, Services and Supplies Contracts, may be challenged only by appeal to the competent regional administrative court.
2. In the event that the notice has not been advertised, however, the appeal may no longer be brought after thirty days from the day following the date of publication of the notice of final award referred to in Article 65 and ‘Article 225 of Legislative Decree April 12, 2006, no. 163, provided that such notice contains the reasons for the act by which the contracting station decided to award the contract without prior publication of the notice. If the notices or information referred to in this paragraph are omitted, or if they do not comply with the requirements therein, the appeal may still not be brought after six months from the day following the date on which the contract was concluded.
3. Except as provided in this and subsequent articles, Article 119 shall apply.
4. When the final award is challenged, if the contracting station benefits from the patronage of the State Bar, the appeal shall be served, in addition to the said Bar, also on the contracting station at its actual seat, on a date not earlier than the notification at the Bar, and for the sole purpose of the operation of the mandatory suspension of the time limit for the conclusion of the contract.
5. In order to challenge the acts referred to in this article, the appeal, main or incidental, and the additional grounds, even against acts other than those already challenged, must be lodged within the period of thirty days, commencing, for the main appeal and the additional grounds,from the receipt of the notice referred to in ‘Article 79 of Legislative Decree April 12, 2006, no. 163, or, in the case of notices by which a tender is announced, independently injurious, from the publication referred to inArticle 66, paragraph 8, of the same decree; or, in any other case, from knowledge of the act. For cross-appeal, the commencement of the time limit is governed byArticle 42.
   (paragraph as amended by Article 1, Paragraph 1, Legislative Decree No. 195 of 2011)
6. The judgment, without prejudice to the possibility of its immediate settlement at the interlocutory hearing if the conditions are met, shall in any case be settled by a simplified judgment at a hearing set ex officio and to be held within forty-five days after the expiration of the time limit for the parties other than the plaintiff to enter an appearance. Immediate notice of the hearing date shall be given to the parties by the secretary’s office by certified electronic mail. In the event of preliminary requirements or when it is necessary to supplement the cross-examination or to ensure compliance with the terms of defense, the determination of the merits shall be postponed, by the order ordering the preliminary requirements or the supplementation of the cross-examination or ordering the postponement for the need to comply with the terms of defense, to a hearing to be held no later than thirty days. In order to allow for the expeditious conduct of the judgment consistent with the principle of conciseness referred to in Article 3, paragraph 2, the parties shall contain the size of the appeal and other defensive acts within the time limits established by decree of the President of the Council of State, after consultation with the National Bar Council and the Attorney General of the State, as well as the recognized professional associations of administrative lawyers. The same decree shall establish the cases for which, for specific reasons, it may be permissible to exceed the relevant limits. The same decree, in setting the size limits of the appeal and defense documents, shall take into account the actual value of the dispute, its technical nature and the value of the various interests substantially pursued by the parties. Headings and other formal indications of the document are excluded from the above limits. The court is required to examine all issues dealt with in the pages falling within the above limits; failure to examine the above issues shall constitute grounds for appeal against the judgment of the first instance and for revocation of the judgment of appeal.
   (paragraph so replaced by ‘Article 40, paragraph 1(a), Law No. 114 of 2014 )
7. The new acts pertaining to the same tender procedure must be challenged by appeal on additional grounds.
8. The court shall decide interlocutorily on the interlocutory application, even if it orders fact-finding, if it grants time limits for defense, or if it raises or procedural incidents are proposed.

8-bis. The college, when ordering the precautionary measures referred to in paragraph 4 of Article 119, may make their effectiveness conditional, even if no irreversible effects result from the decision, on the provision, also by way of surety, of a security in an amount commensurate with the value of the contract and in any case not exceeding 0.5 percent of the said value. These measures are ordered for a duration not exceeding sixty days from the publication of the relevant order, without prejudice to the provisions of paragraph 3 of Article 119.
(Paragraph introduced by Article 40, Paragraph 1(b), Law No. 114 of 2014)

9. The Regional Administrative Court shall deposit the judgment by which it settles the case within thirty days of the hearing, without prejudice to the possibility of requesting the immediate publication of the operative part within two days.
   (paragraph so replaced by Article 40, paragraph 1, letter c), Law No. 114 of 2014)
10. All party acts and orders of the court shall be summarized and the judgment shall be drafted, ordinarily, in the forms set forth in Article 74.
11. The provisions of paragraphs 3, 6, 8, and 10 shall also apply in appeals before the Council of State, brought against the judgment or against the precautionary order, and in judgments on revocation or third-party opposition. The party may appeal against the operative part in order to obtain a stay before the judgment is published.

Art. 121. Ineffectiveness of the contract in cases of serious violations

1. The court annulling the final award shall declare the ineffectiveness of the contract in the following cases, specifying depending on the deductions of the parties and the assessment of the seriousness of the conduct of the contracting station and the factual situation, whether the declaration of ineffectiveness is limited to the services still to be performed on the date of the publication of the operative part or operates retroactively:
2. (a) if the final award was made without prior publication of the notice or notice announcing a tender in the Official Journal of the European Union or the Official Gazette of the Italian Republic, when such publication is prescribed by Legislative Decree No. 163 of April 12, 2006;
3. (b) if the final award was made by negotiated procedure without a call for tenders or by contracting out of the permitted cases and this resulted in the omission of the advertisement of the notice or notice announcing a tender in the Official Journal of the European Union or in the Official Gazette of the Italian Republic, when such publication is prescribed by Legislative Decree No. 163 of April 12, 2006;
4. (c) if the contract was entered into without complying with the deferral period established byArticle 11, Paragraph 10, of Legislative Decree No. 163 of April 12, 2006, if such violation deprived the appellant of the possibility of availing himself of remedies before the contract was entered into and provided that such violation, added to defects proper to the final award, affected the appellant’s chances of obtaining the award;
5. d) if the contract was entered into without complying with the mandatory suspension of the stipulation period resulting from the filing of a judicial appeal against the final award, pursuant toArticle 11, Paragraph 10-ter, of Legislative Decree No. 163 of April 12, 2006, if this violation, in addition to flaws specific to the final award, affected the plaintiff’s chances of obtaining the award.
6. The contract remains effective, even in the presence of the violations referred to in paragraph 1 if it is established that compliance with overriding needs related to a general interest requires that its effects be maintained. Imperative requirements include, inter alia, those imperative requirements of a technical or other nature, such that it is evident that the remaining contractual obligations can only be fulfilled by the present performer. Economic interests may be taken into account as overriding needs only in exceptional circumstances where the ineffectiveness of the contract leads to disproportionate consequences, having regard also to the possible failure to file an application to take over the contract in cases where the defect in the award does not lead to an obligation to renew the tender. Economic interests directly related to the contract, which include, inter alia, costs resulting from the delay in the execution of the contract itself, the need to hold a new tender procedure, the change of economic operator, and legal obligations resulting from the declaration of ineffectiveness, do not constitute imperative requirements.
7. By the Secretariat, judgments providing for the application of paragraph 2 shall be forwarded to the Prime Minister’s Office – Department of Community Policy.
8. In cases where, despite the violations, the contract is considered effective or the ineffectiveness is temporally limited, the alternative sanctions in Article 123 apply.
9. The ineffectiveness of the contract provided for in Paragraph 1 (a) and (b) does not apply when the contracting station has put in place the following procedure:
10. (a) has in a reasoned act prior to the commencement of the awarding procedure declared that it considers that the procedure without prior publication of the notice or notice by which a tender is announced in the Official Journal of the European Union or in the Official Gazette of the Italian Republic is permitted by Legislative Decree No. 163 of April 12, 2006;
11. b) has published, for contracts of Community importance and for contracts below the thresholds, respectively, in the Official Journal of the European Union or in the Official Gazette of the Italian Republic a voluntary notice for prior transparency in accordance withArticle 79-bis of Legislative Decree No. 163 of April 12, 2006, in which it expresses its intention to conclude the contract;
12. (c) the contract has not been concluded before the expiration of a period of at least ten days starting from the day after the date of publication of the notice referred to in (b).

Article 122. Ineffectiveness of the contract in other cases

1. Outside the cases indicated inArticle 121, paragraph 1, and Article 123, paragraph 3, the court annulling the final award shall determine whether to declare the contract ineffective, fixing its effective date, taking into account, in particular, the interests of the parties, the actual possibility for the plaintiff to obtain the award in light of the defects found, the state of performance of the contract and the possibility of taking over the contract, in cases where the defect in the award does not entail the obligation to renew the tender and the request to take over has been made.

Art. 123. Alternative penalties

1. In cases referred to inArticle 121(4), the administrative law judge shall identify the following alternative sanctions to be applied alternatively or cumulatively:
2. a) the pecuniary sanction against the contracting station, in the amount from 0.5% to 5% of the value of the contract, understood as the award price, which shall be paid to the State budget revenue – with an entry to Chapter 2301, Chapter 8 “Fines, penalties and administrative sanctions imposed by judicial and administrative authorities, excluding those of a tax nature” – within sixty days of the res judicata of the judgment imposing sanction; after the deadline for payment has passed, a surcharge of one-tenth of the penalty shall be applied for each six-month delay. The judgment imposing penalties shall be communicated by the secretariat to the Ministry of Economy and Finance within five days of publication;
3. (b) the reduction of the duration of the contract, where possible, from a minimum of ten percent to a maximum of fifty percent of the remaining duration at the date of publication of the arrangement.
4. The administrative judge shall apply the sanctions by ensuring compliance with the principle of adversarial debate and determine their measure so that they are effective, dissuasive, and proportionate to the value of the contract, the seriousness of the conduct of the contracting station, and the work done by the contracting station to eliminate or mitigate the consequences of the violation. For this purpose, Article 73, Paragraph 3 shall apply. In any case, any award of damages shall not constitute an alternative sanction and shall be cumulated with the alternative sanctions.
5. The court shall apply the sanctions referred to in Paragraph 1 even if the contract has been concluded without complying with the deferral period set for the conclusion of the contract, or has been concluded without complying with the suspension of the conclusion resulting from the filing of a judicial appeal against the final award, when the violation has not deprived the appellant of the possibility of availing himself of remedies prior to the conclusion of the contract and has not affected the appellant’s chances of obtaining the award.

Article 124. Protection in specific form and by equivalent

1. However, the granting of the application to obtain the award and contract is conditional on the declaration of ineffectiveness of the contract pursuant to Articles 121(1) and 122. If the court does not declare the ineffectiveness of the contract, it shall order compensation for damages in equivalent, suffered and proven.
2. The procedural conduct of the party who, without a justified reason, has not made the application referred to in paragraph 1, or has not made itself available to take over the contract, shall be evaluated by the court pursuant to Article 1227 of the Civil Code.

Article 125. Additional procedural provisions for strategic infrastructure disputes.

1. In judgments involving the procedures for the design, approval, and implementation of infrastructure and production facilities and related expropriation, occupation, and subjugation activities, referred to in Part II, Title III, Chapter IV of Legislative Decree No. 163 of April 12, 2006, in addition to the provisions of this Chapter, with the exclusion of Article 122, the following provisions shall apply.
2. When pronouncing the precautionary measure, account is taken of the probable consequences of the measure itself for all interests that may be affected, as well as the overriding national interest in the prompt completion of the work, and, for the purposes of granting the precautionary application, the irreparability of the harm to the plaintiff, whose interest must in any case be compared with that of the contracting entity in the expeditious continuation of the procedures, is also assessed.
3. Without prejudice to the application of Articles 121 and 123, outside the cases covered therein, the suspension or cancellation of the entrustment does not entail the termination of the contract already entered into, and compensation for any damages due shall be made only in equivalent terms. Article 34, paragraph 3, shall apply.
4. The provisions of Paragraph 3 shall also apply to disputes concerning:
   (paragraph so replaced by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
5. (a) to the procedures referred to in ‘Article 140 of Legislative Decree April 12, 2006, no. 163;
   b) to the procedures for the design, approval and implementation of the interventions identified in the institutional development contract pursuant to Article 6 of Legislative Decree No. 88 of May 31, 2011;
   c) to the works referred to in ‘ Article 32, paragraph 18, of Decree-Law No. 98 of July 6, 2011, converted into Law No. 98 of July 15, 2011. 111.

Title VI – Litigation over election operations.

Chapter I – Provisions common to election litigation

Article 126. Scope of jurisdiction over election litigation

1. The administrative court has jurisdiction over electoral operations relating to the renewal of elective bodies of municipalities, provinces, and regions and the election of members of the European Parliament pertaining to Italy.

Article 127. Exemption from tax burdens

1. The acts are exempt from the unified fee and any other tax charges.

Article 128. Inadmissibility of extraordinary appeal to the President of the Republic.

1. An extraordinary appeal to the President of the Republic shall not be permitted in the matters referred to in this Title.

Chapter II – Early protection against acts of exclusion from preparatory electoral proceedings for municipal, provincial and regional elections

Art. 129. Judgment against acts of exclusion from the preparatory procedure for municipal, provincial and regional elections

1. Measures that are immediately detrimental to the appellant’s right to participate in the preparatory electoral process for municipal, provincial and regional elections and for the renewal of the members of the European Parliament pertaining to Italy may be challenged before the competent regional administrative court within three days from the publication, including by posting, or from the communication, if any, of the challenged acts.
   (paragraph so replaced by Article 1, paragraph 1 (s), Legislative Decree No. 160 of 2012)
2. Acts other than those referred to in Paragraph 1 shall be challenged at the conclusion of the proceedings together with the act of proclamation of elected officials.
   (Paragraph so replaced by Article 1, Paragraph 1 (s), Legislative Decree No. 160 of 2012)
3. The appeal referred to in Paragraph 1, within the period provided therein, must be, under penalty of forfeiture:
4. (a) served, directly by the appellant or his counsel, exclusively by direct delivery, certified e-mail or fax, to the office that issued the challenged act, to the Prefecture and, where possible, to any other interested parties; in any case, the office that issued the challenged act shall make the appeal public by posting a full copy of it in special spaces set aside for this purpose that are always accessible to the public, and such publication shall have the value of notification by public proclamation for all the counterinterested parties; notification shall be deemed to have taken place on the same day as the aforementioned posting;
5. (b) filed with the secretary’s office of the court hearing the case, who shall publish it on the administrative justice website and post it in appropriate spaces accessible to the public.
   (letter as amended by Article 1, paragraph 1 (s), Legislative Decree No. 160 of 2012)
6. The parties, if they are suing in person and do not have certified e-mail addresses resulting from the public lists,shall indicate, respectively, in the appeal or in the acts of incorporation, the certified e-mail address or fax number to be used for any communications and notifications.
   (paragraph as amended by Article 21, Paragraph 1-bis, Law No. 132 of 2015)
7. The discussion hearing shall be held, without the possibility of adjournment even if there is a cross-appeal, within three days from the filing of the appeal, without notice. Service of the cross-appeal shall be made in the form prescribed for the main appeal.
8. The judgment shall be decided at the outcome of the hearing by a simplified judgment, to be published on the same day. The relevant reasoning may also consist of a mere reference to the arguments contained in the parties’ writings that the judge intended to accept and make his own.
9. An unappealed judgment shall be communicated without delay by the court secretary to the office that issued the challenged act.
10. An appeal, within two days of the publication of the judgment, must be, under penalty of forfeiture:
11. a) served, directly by the appellant or his counsel, exclusively by direct delivery, certified electronic mail or fax, to the office that issued the contested act, to the Prefecture and, where possible, to any other interested parties; in any case, the office that issued the contested act shall make the appeal public by posting a full copy of it in special spaces set aside for this purpose that are always accessible to the public and such publication shall have the value of notification by public proclamation for all interested parties; service shall be deemed to have been effected on the same day as the aforesaid posting; for the parties joined in the suit at first instance, transmission shall be effected at the certified e-mail address or fax number indicated in the defense documents pursuant to paragraph 4;
12. (b) filed as a copy with the regional administrative court that issued the first instance judgment, which shall post it in appropriate spaces accessible to the public;
13. (c) filed with the secretariat of the Council of State, which shall publish it on the website of administrative justice and post it in appropriate spaces accessible to the public.
    (letter as amended by Article 1, paragraph 1, letter s), Legislative Decree No. 160 of 2012)
14. The provisions of this article shall be applied in the appeal proceedings.
15. The provisions of Articles 52(5) and 54(1) and (2) do not apply in the judgments referred to in Paragraph 1.

Chapter III – Rites relating to the electoral operations of municipalities, provinces, regions and the European Parliament

Article 130. Proceedings in the first instance in connection with the electoral operations of municipalities, provinces, regions and the European Parliament

1. Except as provided for in Chapter II of this Title, an appeal shall be allowed against all acts of the electoral proceedings after the issuance of the election rallies only at the conclusion of the electoral proceedings, together with an appeal against the act of proclamation of the elected:
2. (a) as to the elections of municipalities, provinces and regions, by any candidate or voter of the entity whose election is in question, to the regional administrative court in whose constituency the said territorial entity is located, to be filed in the secretary’s office of the court hearing the case within the period of thirty days after the proclamation of those elected;
3. (b) as to the elections of the members of the European Parliament pertaining to Italy, by any candidate or voter, before the Regional Administrative Tribunal of Latium, Rome seat, to be filed in the relevant secretary’s office within the term of thirty days from the publication in the Official Gazette of the list of candidates proclaimed elected.
4. The president, by decree:
5. (a) Set a hearing to discuss the case as a matter of urgency;
6. (b) designate the rapporteur;
7. (c) order notifications, authorizing, where necessary, any suitable means;
8. (d) order the filing of documents and the acquisition of any other necessary evidence;
9. (e) orders that by the secretary’s office the decree be immediately communicated, by any means useful, to the appellant.
10. The appeal shall be served, together with the decree setting the hearing, by the person who brought it, within ten days from the date of the notice of the decree referred to in paragraph 2:
11. (a) to the entity whose election is involved, in case of elections of municipalities, provinces, regions;
12. (b) to the National Central Election Office, in case of elections of members of the European Parliament pertaining to Italy;
13. (c) to other parties who have an interest in it, and in any case to at least one other party.
14. Within ten days after the last service referred to in paragraph 3, the appellant shall file a copy of the appeal and decree, with proof of service, with the court records and documents in the case in the secretary’s office.
15. The respondent administration and the other parties shall file their counter-arguments in the secretary’s office within fifteen days after the date on which the service was perfected on them.
16. At the outcome of the hearing, the panel, after hearing the parties if present, shall render judgment.
17. The judgment shall be published within the day following the decision of the case. If the complexity of the issues does not permit publication of the judgment, the operative part shall be published within the same time period as in the preceding sentence by filing it with the secretary’s office. In that case, the judgment shall be published within the next ten days.
18. A copy of the judgment shall be immediately transmitted by the secretary of the regional administrative court to the mayor, the provincial council, the regional council, and the president of the national election office, depending on the entity to which the election relates. The municipality, province or region whose election is concerned shall, within twenty-four hours of receipt, arrange for the publication for fifteen days of the operative part of the judgment in the official notice board or bulletin of the entity concerned through the secretary who is directly responsible for it. In the case of elections concerning municipalities, provinces or regions, the ruling shall also be communicated to the Prefect. The same duties shall be performed after the judgment becomes final by noting on the published copy that it is final.
19. When the regional administrative court grants the appeal, it corrects the result of the election and replaces the illegally proclaimed candidates with those who are entitled to be. In the event of an appeal against the electoral operations concerning the European Parliament, the votes of the sections whose operations were annulled shall have no effect.
20. All procedural deadlines other than those specified in this article and Article 131 are halved compared to the deadlines of the ordinary trial.
21. The municipal, provincial or regional body whose election is concerned shall notify those concerned of the correction of the election result. The National Election Office shall notify the correction of the election result to those concerned and to the Parliamentary Secretariat.

Article 131. Appeal proceedings in connection with the election operations of municipalities, provinces and regions

1. Appeal against the judgments referred to in Article 130 shall be made within twenty days from the notification of the judgment, for those against whom notification is compulsory; for other candidates or voters within twenty days starting from the last day of the publication of the judgment in the municipality’s public notice board.
2. The chairperson shall set an urgent hearing for discussion. The rules governing the appeal process before the Council of State shall apply to the hearing, and the relevant time limits shall be halved compared to those of the ordinary trial.
3. The judgment, when, in reforming that of the first instance, upholds the original appeal, shall provide in accordance with Article 130, Paragraph 9.
4. A copy of the judgment shall be immediately forwarded by the secretariat of the Council of State to the persons referred to in Article 130, Paragraph 8, who shall take care of the further duties provided for therein and those referred to in Paragraph 11 of the same Article 130.

Article 132. Appeal proceedings in connection with the electoral operations of the European Parliament.

1. The parties to the first-instance judgment may file an appeal by means of a statement to be filed with the secretary’s office of the regional administrative court that rendered the judgment, within a period of five days from the publication of the judgment or, failing that, the operative part.
2. The notice of appeal containing the grounds must be filed within the period of thirty days from the receipt of the notice of publication of the judgment.
3. For matters not provided for in this Article, the provisions of Article 131 shall apply.

BOOK FIVE – FINAL RULES

Article 133. Subjects of exclusive jurisdiction

1. The following are subject to the exclusive jurisdiction of the administrative court, unless otherwise provided by law:
2. (a) disputes concerning:

1) compensation for unjust damage caused as a result of wilful or negligent failure to comply with the deadline for completion of administrative proceedings;

2) formation, conclusion and execution of agreements supplementing or replacing administrative measures and agreements between public administrations;

3) silence referred to inArticle 31, paragraphs 1, 2 and 3, and express measures taken in the verification of certified report, complaint and declaration of commencement of activities, referred to in ‘Article 19, paragraph 6-ter, of Law August 7, 1990, no. 241;
(Number as amended by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
4) determination and payment of compensation due in case of revocation of the administrative measure;

5) nullity of the administrative measure taken in violation or circumvention of the judgment;

6) Right of access to administrative documents and violation of administrative transparency obligations;
(number as amended by Article 52, paragraph 4, letter e), Legislative Decree No. 33 of 2013)

(a-bis) disputes relating to the application of theArticle 20 of Law August 7, 1990, no. 241;
(Letter introduced by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
b) disputes concerning acts and measures relating to concession relations of public property, with the exception of disputes concerning indemnities, fees and other consideration and those assigned to the courts of public waters and the Superior Court of Public Waters;

1. (c) public service disputes relating to concessions of public services, excluding those concerning indemnities, fees and other consideration, or relating to measures taken by the public administration or the operator of a public service in an administrative proceeding, or even relating to the entrustment of a public service, and supervision and control over the operator, as well as relating to the supervision of credit, insurance and securities market, pharmaceutical service, transportation, telecommunications and public utilities;
2. (d) disputes concerning the exercise of the right to request and obtain the use of telematic technologies in communications with public administrations and state utilities;
3. (e) disputes:

1) relating to procedures for the awarding of public works, services, and supplies, carried out by parties in any case obliged, in the choice of contractor or partner, to the application of Community regulations or to compliance with the public evidence procedures provided for by state or regional regulations, including those for compensation and with the extension of exclusive jurisdiction to the declaration of ineffectiveness of the contract following the annulment of the award and to alternative sanctions;

2) relating to the prohibition of tacit renewal of public contracts for works, services, and supplies, relating to the price revision clause and its application measure in contracts with continuous or periodic execution, in the hypothesis referred to in Article 115 of Legislative Decree No. 163 of April 12, 2006, as well as those relating to the application measures of price adjustment pursuant to Article 133, paragraphs 3 and 4, of the same decree;

1. (f) disputes concerning the acts and measures of public administrations in urban planning and construction matters, concerning all aspects of land use, and without prejudice to the jurisdictions of the Superior Court of Public Waters and the Liquidating Commissioner for Civic Uses, as well as the ordinary courts for disputes concerning the determination and payment of compensation as a result of the adoption of acts of an expropriatory or ablative nature;
2. (g) disputes concerning the acts, measures, agreements and conduct, traceable, even mediately, to the exercise of a public power, of public administrations in matters of expropriation for public utility, without prejudice to the jurisdiction of the ordinary courts for those concerning the determination and payment of compensation as a result of the adoption of acts of an expropriatory or ablative nature;
3. (h) disputes concerning decrees of expropriation for reasons of public utility of industrial inventions;
4. (i) disputes related to labor relations of personnel under public law;
5. (l) disputes concerning all measures, including sanctions and excluding those pertaining to privatized employment relationships, adopted [by the Bank of Italy], the Bodies referred to in Articles 112-bis, 113 and 128-duodecies of Legislative Decree No. 385 of September 1, 1993, the Competition and Market Authority, the Communications Guarantee Authority, the Authority for Electricity and Gas, and the other Authorities established pursuant to Law No. 481, by the Authority for the Supervision of Public Contracts for Works, Services and Supplies, by the Pension Fund Supervisory Commission, by the Commission for the Evaluation, Transparency and Integrity of Public Administration, and by the Institute for the Supervision of Private Insurance, including disputes related to appeals against acts applying sanctions pursuant to Article 326 of Legislative Decree No. 209 of September 7, 2005;
   (letter so amended by art. 1, paragraph 1, legislative decree no. 195 of 2011, then by art. 1, paragraph 1, letter t), legislative decree no. 160 of 2012, then declared constitutionally illegitimate by the Constitutional Court, with sentence no. 94 of 2014, in the part in which it attributes to the exclusive jurisdiction of the administrative judge, with cognition extended to the merits, and to the functional competence of the TAR il Lazio, seat of Rome, disputes regarding sanctions imposed by the Bank of Italy)
   (m) disputes concerning measures on electronic communications, including those relating to the imposition of easements, as well as judgments concerning the allocation of rights of use of frequencies, the tender and other procedures referred to in paragraphs 8 to 13 of Article 1 of Law No. 220 of December 13, 2010, including the procedures referred to in Article 4 of Decree-Law No. 34 of March 31, 2011, converted, with amendments, by Law No. 75 of May 26, 2011;
   (letter as amended by Article 1, paragraph 1, Legislative Decree No. 195 of 2011)
6. (n) disputes related to administrative sanctions and measures taken by the regulatory body responsible for railway infrastructure pursuant to Article 37 of Legislative Decree No. 188 of July 8, 2003;
7. (o) disputes, including compensation disputes, pertaining to the procedures and measures of the public administration concerning energy production, including those concerning energy from nuclear sources, regasifiers, import gas pipelines, thermoelectric power plants, and those concerning transportation infrastructure included or to be included in the national transmission network or national gas pipeline network;
8. p) disputes concerning commissarial orders and measures adopted in all emergency situations declared pursuant to Article 5, paragraph 1, of Law No. 225 of February 24, 1992, as well as acts, measures and orders issued pursuant to Article 5, paragraphs 2 and 4 of the same Law No. 225 of 1992 and disputes in any case pertaining to the overall action of waste cycle management, even if implemented with conduct of the public administration traceable, even mediately, to the exercise of a public power, when also relating to constitutionally protected rights;
   (letter as amended by Article 1, paragraph 1(t) of Legislative Decree No. 160 of 2012)
   (q) disputes concerning measures, including contingent and urgent measures, issued by the mayor on matters of public order and safety, public safety and urban security, construction and local police, public hygiene and housing;
9. (r) disputes concerning measures to regulate or prohibit the operation of unhealthy or dangerous industries;
10. (s) disputes concerning acts and measures adopted in violation of the provisions on environmental damage, as well as against the silence default of the Minister of the Environment and the Protection of Land and Sea and for compensation for the damage suffered as a result of the delay in the activation by the Minister of the Environment and the Protection of Land and Sea of precautionary, preventive or containment measures for environmental damage, as well as those concerning ministerial orders for environmental restoration and compensation for environmental damage;
11. (t) disputes concerning the application of the additional levy in the milk and milk products sector;
12. (u) disputes concerning passport measures;
13. (v) disputes between the State and its creditors concerning the interpretation of contracts involving government securities or laws relating thereto or otherwise on public debt;
14. (z) disputes concerning acts of the Italian National Olympic Committee or Sports Federations not reserved to the justice organs of the sports system and excluding those concerning property relations between companies, associations and athletes;
    (z-bis) disputes concerning all measures, including sanctions and excluding those concerning employment relations, adopted by the National Regulatory Agency for the Postal Sector referred to in subparagraph (h) of paragraph 2 of Article 37 of Law No. 37 of June 4, 2010. 96.
    (letter added by Article 2, paragraph 2, Legislative Decree No. 58 of 2011)
    z-ter) disputes concerning the measures of the National Agency for Water Regulation and Supervision established by Article 10, paragraph 11, of Decree-Law No. 70, converted, with amendments, by Law No. 106 of July 12, 2011;
    z-quater) disputes concerning measures adopted pursuant to Article 3, paragraph 2, of Legislative Decree No. 149 of September 6, 2011;
    (Letters added by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
    z-quinquies) disputes relating to the exercise of special powers inherent in activities of strategic importance in the defense and national security sectors and in the energy, transportation and communications sectors.
    (letter added by Article 3, paragraph 7, Law No. 56 of 2012)
    z-sexies) disputes concerning acts and measures granting state aid in violation of Article 108(3) of the Treaty on the Functioning of the European Union and disputes concerning acts and measures taken in implementation of a recovery decision referred to in Article 14 of Council Regulation (EC) No. 659/1999 of March 22, 1999, regardless of the form of the aid and the entity that granted it.
    (letter added by Article 49, paragraph 2, Law No. 234 of 2012)

Article 134. Matters of jurisdiction extended to the merits

1. The administrative law judge exercises jurisdiction with cognition extended to the merits in disputes involving:
2. (a) the implementation of enforceable judicial pronouncements or judgments in the context of the judgment referred to in Title I of Book IV;
   (b) acts and operations in election matters, which are assigned to administrative jurisdiction;
   (c) financial penalties whose challenge is assigned to the jurisdiction of the administrative court, including those applied by independent administrative authorities and those provided for inArticle 123;
   (letter so amended by art. 1, paragraph 1, Legislative Decree no. 195 of 2011, then declared constitutionally illegitimate by the Constitutional Court, with sentence no. 94 of 2014, in the part in which it attributes to the exclusive jurisdiction of the administrative judge, with cognition extended to the merits, and to the functional competence of the TAR il Lazio, seat of Rome, disputes on sanctions imposed by the Bank of Italy)
   d) disputes on the boundaries of territorial entities;
   e) the refusal to issue cinematographic clearance referred to in Article 8 of Law no. 21 November 1962, no. 161.

Article 135. Mandatory functional jurisdiction of the Regional Administrative Court of Latium, Rome seat.

1. They are devolved to the mandatory jurisdiction of the Regional Administrative Court of Lazio, Rome seat, unless otherwise provided for by law:
2. (a) disputes related to measures concerning ordinary magistrates adopted pursuant to Article 17 (1) of Law No. 195 of March 24, 1958, as well as those related to measures concerning administrative magistrates adopted by the Presidential Council of Administrative Justice;
   (letter as amended by Article 1, paragraph 1, Legislative Decree no. 195 of 2011)
   b) disputes concerning the measures of the Competition and Market Authority and those of the Communications Guarantee Authority;
   c) the disputes referred to in Article 133, paragraph 1, letter l), except for those referred to in Article 14, paragraph 2, as well as the disputes referred to in Article 104, paragraph 2, of the Consolidated Law on Banking and Credit, referred to in Legislative Decree No. 385 of September 1, 1993;
   (letter declared constitutionally illegitimate by Constitutional Court, in ruling no. 94 of 2014, in the part in which it attributes to the exclusive jurisdiction of the administrative judge, with cognition extended to the merits, and to the functional competence of the TAR il Lazio, seat of Rome, disputes regarding sanctions imposed by the Bank of Italy)
   d) disputes against ministerial measures referred to in Article 133, paragraph 1, letter m), as well as judgments regarding the allocation of rights of use of frequencies, the tender and other procedures referred to in paragraphs 8 to 13 of Article 1, of Law no. 220, including the procedures referred to in Article 4 of Decree-Law No. 34 of March 31, 2011, converted, with amendments, by Law No. 75 of May 26, 2011;
   (letter as amended by Art. 1, paragraph 1, Legislative Decree No. 195 of 2011)
   e) disputes concerning commissarial orders and measures adopted in all emergency situations declared pursuant to Article 5, paragraph 1, of Law No. 225 of February 24, 1992 as well as acts, measures and orders issued pursuant to Article 5, paragraphs 2 and 4 of the same Law No. 225 of 1992;
   (letter so replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011, then so amended by Article 1, paragraph 1(u), Legislative Decree No. 160 of 2012)
   (f) disputes referred to in Article 133, paragraph 1 (o), limited to those concerning the production of electricity from nuclear sources, regasifiers, import gas pipelines, thermoelectric power plants with a thermal capacity exceeding 400 MW, as well as those relating to transportation infrastructure included or to be included in the national transmission network or national gas pipeline network, except as provided in Article 14, paragraph 2;
   (g) disputes referred to in Article 133(1)(z);
   (h) disputes relating to the exercise of special powers inherent in activities of strategic importance in the defense and national security sectors and in the energy, transportation and communications sectors;
   (letter so replaced by Article 3, paragraph 8, Law No. 56 of 2012)
   i) disputes concerning orders to expel non-EU citizens for reasons of public order or state security;
   l) disputes against orders to expel EU citizens for reasons of state security or public order under Article 20, paragraph 1, of Legislative Decree No. 30 of February 6, 2007, as amended; m) disputes against orders under Legislative Decree No. 30 of 30, as amended;
   m) disputes against the measures provided for in Legislative Decree June 22, 2007, no. 109;
   n) disputes governed by this Code relating to the elections of members of the European Parliament pertaining to Italy;
   o) disputes relating to the employment relationship of DIS, AISI and AISE personnel;
   p) disputes attributed to the jurisdiction of the administrative court arising from the application of Title II of Book III of Legislative Decree No. 159 of September 6, 2011, relating to the National Agency for the Administration and Destination of Assets Seized and Confiscated from Organized Crime;
   (Letter so replaced by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
   q) disputes relating to the measures adopted pursuant to the Articles 142 and 143 of the Consolidated Text of Laws on the Organization of Local Authorities, as set forth in Legislative Decree Aug. 18, 2000, no. 267;
   q-bis) the disputes referred to in Article 133(1)(z-bis);
   q-ter) the disputes referred to in Article 133(1)(z-ter);
   (Letters added by Art. 1, Paragraph 1, Legislative Decree No. 195 of 2011)
   q-quater) disputes concerning orders issued by the Autonomous Administration of State Monopolies concerning public games with cash winnings and those issued by the Police Authority concerning the issuance of authorizations concerning public games with cash winnings.
   (letter added by Article 10, Paragraph 9-ter, Law No. 44 of 2012; declared constitutionally illegitimate by Constitutional Court No. 174 of 2014, insofar as it provides for the devolution to the mandatory jurisdiction of the T.A.R. Lazio, of disputes concerning measures issued by the Police Authority relating to the issuance of authorizations in the field of public games with cash winnings)
3. Disputes on labor relations of public employees, except those referred to in paragraph (o) of the same paragraph (1), shall remain excluded from the cases of mandatory jurisdiction referred to in paragraph (1).

Art. 136. Provisions on communications and computer deposits

1. Defense counsel shall indicate in the appeal or in the first defense document a fax address, which may also be different from that of the domiciliary. Communication by fax shall be made only if it is impossible to make communication to the certified e-mail address resulting from public lists, due to the failure of the administrative justice computer system to function. It is the duty of the defenders to notify the secretariat and the incorporated parties of any change in the fax address.
   (paragraph replaced by Article 1, paragraph 1, Legislative Decree No. 195 of 2011, then by Article 45-bis, paragraph 3, Law No. 114 of 2014)
2. Constituted defense counsel, parties in cases where they stand trial in person, and court aides shall file all documents and papers by telematic means. In exceptional cases, the president may dispense from compliance with the provisions of this paragraph in accordance with the technical rules referred to in Article 13 of the Implementing Rules.
   (paragraph so replaced by Article 20, paragraph 1-bis, Law No. 132 of 2015)

2-bis. All acts and orders of the judge, his aides, court personnel and parties may be signed with digital signatures.
(Paragraph added by Article 1, paragraph 1 (v), Legislative Decree No. 160 of 2012)

2-bis. All acts and measures of the judge, his auxiliaries, court personnel and parties shall be signed with digital signatures. The implementation of this paragraph shall not result in new or increased burdens on public finance.
(paragraph so replaced by Article 38, paragraph 1-bis, Law No. 114 of 2014)

Art. 137. Financial rule.

1. The relevant administrations shall implement the code within the human, instrumental and financial resources available under current legislation and, in any case, without new or increased burdens on public finance.

 

ANNEX 2 – Implementation rules

Title I – Records – Secretarial Hours.

Art. 1. General register of appeals

1. A register of the filing of appeals, divided by columns, shall be kept at each court office, in which all the information necessary to ascertain exactly the filing of the appeal, cross-appeal, counterclaim, additional grounds of appeal, application for intervention, acts and documents produced, as well as the notifications made, the execution of the payment of the unified contribution, the indication of the means of investigation ordered or carried out and the measures taken, and the notice of the appeals brought against the court’s orders and their outcome shall be recorded. The filing of the appeal shall be recorded when the secretary of the court receives notice thereof pursuant to Article 6, paragraph 2, of Appendix 2, or pursuant to Article 369, paragraph 3, of the Code of Civil Procedure, or pursuant to Article 123 of the implementing provisions to the Code of Civil Procedure. The secretary’s office of the court to which the appeal is brought shall transmit without delay a copy of the court order finalizing the appeal.
   (paragraph as amended by Article 1, paragraph 2, Legislative Decree No. 195 of 2011)
2. Appeals are entered daily according to the order in which they are filed.
3. The register shall be endorsed and signed on each sheet by the secretariat, with the number of sheets of which the register consists indicated at the end.
4. The register is closed each day with the signature of an employee of the General Secretariat.

Art. 2. Special rolls and registers, collation of orders and forms of communication

1. The secretariats of administrative justice bodies keep the following records:
2. (a) the register of motions to set a hearing, endorsed and signed on each sheet by the secretary general, indicating at the end the number of sheets of which the register is composed;
   (b) the register of motions for withdrawal;
   (c) the register for minutes of hearings
   d) the registry for decrees and orders of the president;
   e) the registry for precautionary orders;
   f) the registry for judgments and other collegial orders;
   g) the registry for appeals processed with the benefit of legal aid;
   g-bis) the registry for orders of the Plenary Council.
   (letter added by Article 1, paragraph 2, Legislative Decree No. 195 of 2011)
3. The secretary, upon receipt of the petition referred to in subparagraphs (a) and (b) of subsection (1), shall make an entry in the relevant records and issue a receipt if requested.
4. In the records referred to in subparagraphs (d) and (e) of paragraph 1, the details of the notification of the measures shall be noted.
   (paragraph as amended by Article 1, paragraph 2, Legislative Decree No. 195 of 2011)
5. The secretariat takes care of the formation of the rosters according to the provisions of the president.
6. (Paragraph repealed by Article 20, Paragraph 1-bis, Law No. 132 of 2015)
7. The secretariat shall make notices to the parties in accordance with Article 136, Paragraph 1, of the Code, or, otherwise, in the manner set forth in Article 45 of the Provisions for the Implementation of the Code of Civil Procedure.

Art. 3. Records in automated form

1. The records referred to in Articles 1 and 2 may be made in automated form in accordance with the provisions of Presidential Decree No. 52 of January 8, 1999, and further applicable regulations.
2. The Secretary, if requested, shall issue a statement of the records made to the person concerned.

Art. 4. Timetable

1. The secretariats are open to the public during the hours established by the president of the regional administrative court, the detached section, the Council of State, and the Council of Administrative Justice for the Sicilian Region.
2. In cases where the code provides for the filing of acts or documents until the day before the hearing of an application in chambers, the filing shall be made by noon on the last permitted day.
3. In cases where the code provides for deadlines calculated in hours, the secretariats shall give notice of the time of filing of court documents and orders and adjust office opening hours.
4. In any case, the possibility of filing documents due until 12 noon on the last permitted day shall be ensured.

Title II – Party and office files.

Art. 5. Formation and maintenance of party and office files. Subrogation of copies to missing originals and reconstitution of records

1. Each party, at the time of its appearance in court, shall deliver its file, containing the originals of the documents and papers it intends to use as well as the index thereof.
2. (Paragraph repealed by Article 20, Paragraph 1-bis, Law No. 132 of 2015)
3. Upon receiving the filing of the writ of error, the secretary shall form the office file in digital format, accompanied by a chronological index of the acts and documents of the parties, the minutes of the hearing by excerpt, and every act and measure of the judge, his aides and the secretary.
   (paragraph so replaced by Article 20, paragraph 1-bis, Law No. 132 of 2015)
4. The secretary, after checking the regularity, including fiscal regularity, of the acts and documents filed by each party, shall date and sign the index of the file whenever a deed or document is entered into it.
5. In the event of loss, theft or destruction of the court file or individual documents, the president of the court or section, or, if the matter arises at the hearing, the panel, shall notify the secretary and the parties for the purpose, respectively, of seeking or filing a certified copy, which shall take the place of the original. If a certified copy cannot be found, the chairman shall, by order, set a hearing room, notice of which shall be given to the parties, for the reconstruction of the records or file. The board, by order, shall ascertain the contents of the missing document and determine whether, and in what tenor, it should be reconstituted; if the contents of the document cannot be ascertained, the board shall order its renewal, if necessary and possible, prescribing the manner thereof.

Art. 6. Withdrawal and transmission of party and office files

1. Documents and records produced before the regional administrative court may not be withdrawn by the parties before the case is settled by a final judgment.
2. In the case of an appeal, the secretary of the appellate court shall request transmission of the file ex officio to the secretary of the court of first instance.
3. If a non-final judgment, or an interlocutory order, is appealed, Paragraph 2 shall not apply. The appellate court, however, may, if it deems it necessary, request the transmission of the ex officio file, or order the party concerned to produce copies of certain documents.
4. The presiding judge of the Chamber may authorize the substitution of any documents and records produced in original with certified copies of the same, prepared by the secretary upon reasoned application of the interested party.

Art. 7. Release of copies

1. The secretary shall issue copies of decisions and any other orders of the court at the request of interested parties and at their expense.

Title III – Order of setting of appeals – Hearings

Art. 8. Order of fixing appeals

1. The setting of the day of the hearing for the hearing of appeals shall be done according to the order in which the motions for the setting of the hearing are entered in the appropriate register, except in cases of priority setting provided for in the Code.
2. The president may deviate from the chronological criterion for reasons of urgency, including taking into account petitions for withdrawal, or for functional needs of the office, or for connection of subject matter, as well as in any case in which the Council of State has annulled the judgment or order and referred the case back to the court of first instance.

Art. 9. Calendar of hearings and formation of panels
(article as replaced by Article 2 of Legislative Decree No. 160 of 2012)

1. The presidents of the jurisdictional sections of the Council of State, the president of the Council of Administrative Justice for the Sicilian Region, and the presidents of the regional administrative courts or, in the case where the court is divided into sections, the presidents of the detached and internal sections, at the beginning of each year, establish the calendar of hearings, indicating the magistrates called upon to participate in them and, at the beginning of each quarter, the composition of the panels of judges, based on the criteria established by the Presidency Council of Administrative Justice.

Art. 10. Tongues and uniforms

1. Administrative magistrates, secretarial staff and auxiliary staff shall wear in public hearings the robe or uniform established by the Presiding Council of Administrative Justice.
2. Lawyers wear robes in public hearings.

Art. 11. Direction of the hearing

1. The hearing is conducted by the chairman of the panel.
2. The secretary shall prepare the minutes of the hearing.

Art.12. Hearing police

1. Those attending the hearing must remain silent, may not make signs of approval or disapproval or cause a disturbance.
2. The chairman of the panel, if he deems it necessary for the orderly conduct of the hearing, may request the intervention of the public force.
3. Article 147 of the implementing, coordinating and transitional rules of the Code of Criminal Procedure shall apply to the audiovisual filming of the processing of appeals in public hearing.

Title IV – Telematic administrative process

Art. 13. Telematic process

1. By decree of the President of the Council of Ministers, after consultation with the Presidential Council of Administrative Justice and DigitPA, the technical-operational rules for the experimentation, gradual application, and updating of the telematic administrative process are established, within the limits of the human, instrumental, and financial resources available under current legislation, taking into account the need for flexibility and continuous adaptation of IT rules to the peculiarities of the administrative process, its organization, and the type of jurisdictional measures.

Title V – Justice expenses

Art. 14. Committee for the admission to legal aid

1. A commission for early and provisional admission to legal aid shall be established at the Council of State, the Council of Administrative Justice for the Sicilian Region, and each regional administrative court and its detached sections, composed of two administrative magistrates, designated by the president, the most senior of whom shall assume the functions of president of the commission, and one lawyer, designated by the president of the Bar Association of the capital in which the body has its seat. One or more alternate members are designated for each member. A secretarial clerk, appointed by the chairman, shall perform the duties of secretary. The chairman and members are not entitled to any remuneration or reimbursement of expenses.
   (paragraph as amended by Article 1, paragraph 2, Legislative Decree No. 195 of 2011)

Art. 15. Devolution of revenue from fines

1. The proceeds of the fines provided for in the Code shall be paid to the state budget, to be reallocated to the budget of the Ministry of Economy and Finance for the expenses referred to in Article 1, paragraph 309, of Law No. 311 of December 30, 2004, as amended.

Art. 16. Extraordinary measures for reducing the backlog and boosting productivity

1. By decree of the President of the Council of Ministers, in agreement with the Minister of Economy and Finance, at the proposal of the President of the Council of the Presidency of Administrative Justice after deliberation by the same Council, extraordinary measures for reducing the backlog and encouraging productivity are adopted, within the limits of the funds available in the relevant budget and actually unused.

 

ANNEX 3 – Transitional Rules

Title I – Definition of appeals that have been pending for more than five years as of the effective date of the Administrative Process Code

Art. 1. New petition for setting a hearing

1. Within one hundred and eighty days from the date of entry into force of the Code, the parties shall submit a new application for the setting of a hearing, signed by the party who issued the power of attorney referred to inArticle 24 of the Code and his or her counsel, with respect to appeals that have been pending for more than five years and for which a hearing has not yet been set. Failing this, the appeal shall be declared forfeited by decree of the president.
2. If, however, within one hundred and eighty days from the communication of the decree, the plaintiff files a document, signed by the party personally and his or her counsel and served on the other parties, in which he or she declares that he or she still has an interest in the case being heard, the president shall revoke the decree by ordering the case to be re-entered on the merits.
3. If, during the pendency of the time limit referred to in Paragraph 1, notice of the scheduling of the hearing is served on the parties, the court shall proceed in accordance withArticle 82, Paragraph 2, of the Code.

Title II – Additional Transitional Provisions

Art. 2. Ultratactivity of the previous discipline

1. For terms that are current as of the effective date of the Code, the former rules continue to apply.

Art. 3. Special provision for the judgment of appeal

1. The provision of Article 101(2) of the Code does not apply to appeals filed prior to the entry into force of the Code.

 

ANNEX 4 – Coordination rules and repeals.

Art. 1. Coordination and repeal rules on the election of members of the European Parliament due to Italy

1. Law No. 18 of January 24, 1979, is amended as follows:
2. (a) Article 42 shall be replaced by the following: “Article 42. Judicial protection against the acts of proclamation of elected officials, on grounds pertaining to the electoral operations after the issuance of the decree convening the committees, shall be governed by the provisions dictated by the Code of Administrative Procedure.”;
   b) Articles 43 and 46, second paragraph, shall be repealed.

Art. 2. Coordinating rules and repeals on local elections

1. The following amendments shall be made to the Consolidated Text of Laws for the Composition and Election of the Bodies of Municipal Administrations, as set forth in Presidential Decree No. 570 of May 16, 1960:

3. (a) Article 83 shall be replaced by the following: “Article 83. The protection in the matter of operations for the election of municipal councilors, subsequent to the issuance of the decree convening the committees, shall be governed by the provisions dictated by the Code of Administrative Process.”;
   b) Articles: 83/2; 83/3; 83/4; 83/5; 83/6; 83/7; 83/8; 83/9; 83/10; 83/11; 83/12;
   c) in Article 84, first paragraph, the words : “, the Section for Election Disputes, the Council of State” shall be deleted.
4. The following amendments are made to Act No. 1257 of August 5, 1962:
5. (a) in Article 21, first paragraph, the words “both in matters of eligibility and electoral operations” shall be replaced by the following: “in matters of eligibility”;
   (b) Article 23 shall be replaced by the following: “Article 23. Judicial remedy in matters of electoral operations. The protection in matters of operations for the election of municipal councillors, subsequent to the issuance of the decree convening the meetings, shall be governed by the provisions dictated by the Code of Administrative Procedure.”;
   c) in Article 24, in the heading, the words “Regional Council, the Court of Appeals and the State Council” shall be replaced by the words “Regional Council and the Court of Appeals, “ and in the first paragraph, the words “Regional Council, the Turin Court of Appeals and the State Council” shall be replaced by the words “Regional Council and the Turin Court of Appeals”;
   d) Article 30 shall be amended as follows:

1) in the first paragraph, the words: ‘to the Council of State’ shall be replaced by the words: ‘to the Court of Appeal of Turin’ and the words : ‘, ruling under exclusive jurisdiction’ shall be deleted;
2) in the second paragraph, the words: ‘to the Council of State’ shall be replaced by the words: ‘to the Court of Appeal of Turin’;

1. (e) in Article 31, first paragraph, the words “the Regional Council, the Turin Court of Appeals and the Council of State” shall be replaced by the words “the Regional Council and the Turin Court of Appeals”;
   (f) in Article 33, third paragraph, the words “to the Council of State and” shall be deleted.
2. Law No. 1147 of December 23, 1966, is amended as follows:
3. (a) in Article 3, first paragraph, the words, “, either before the organs of ordinary jurisdiction or before the organs of administrative jurisdiction,” shall be replaced by the following, “before the organs of ordinary jurisdiction”;
   (b) in Article 7:

1) in paragraph 2, the words, “both with regard to matters relating to the operations for the election, and” shall be deleted;
2) after the second paragraph, the following shall be inserted: “The protection against the operations for the election of provincial councilors, subsequent to the issuance of the decree convening the committees, shall be governed by the provisions dictated by the Code of Administrative Procedure.”

8. (c) Articles: 2 and 8 are repealed.
9. The following amendments are made to Law No. 108 of February 17, 1968:
10. (a) in Article 19, the first paragraph shall be replaced by the following: “Appeals in matters of eligibility and disqualification shall be governed by the rules set forth in Articles 1, 3, 4 and 5 of Law No. 1147 of December 23, 1966.”;
    (b) in Article 19, the following paragraph shall be added after the third paragraph: “The protection in matters of operations for the election of regional councilors, subsequent to the issuance of the decree convening the committees, shall be governed by the provisions dictated by the Code of Administrative Procedure.”
11. In Articles 31, first paragraph, and 34, first paragraph, of Presidential Decree No. 570 of May 16, 1960, as well as in Article 17, first paragraph, No. 1), of Law No. 122 of March 8, 1951, and Article 11, first paragraph, No. 4), of Law No. 108 of February 17, 1968, the words, “the fifteenth day” are replaced by the following, “the eighth day.”

    Art. 3. Additional coordinating rules

    1. Article 17, second paragraph, of Law No. 195 of March 24, 1958, shall be replaced by the following: “Judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”

12. The following amendments are made to Law No. 241 of August 7, 1990:
13. (a) Article 2, paragraph 8, shall be replaced by the following: “8. The protection in matters of silence of the administration shall be governed by the Code of Administrative Process.”;
    b) Article 15, paragraph 2, the words: “paragraphs 2, 3 and 5” shall be replaced by the following: “paragraphs 2 and 3”;
    c) Article 25, paragraph 5, shall be replaced by the following: “5. Disputes concerning access to administrative documents shall be governed by the Code of Administrative Process.”
14. Article 33, paragraph 1, of Law No. 287 of October 10, 1990, shall be replaced by the following: “1. Judicial protection before the administrative court shall be governed by the Administrative Process Code.”
15. Article 10, paragraph 2-quinquies, of Decree Law No. 8 of January 15, 1991, converted, with amendments, by Law No. 82 of March 15, 1991, is replaced by the following: “2-quinquies. The protection against the orders of the central commission by which special protection measures are applied, modified or revoked, including those of an urgent or provisional nature pursuant to Article 13, paragraph 1, shall be governed by the Code of Administrative Procedure.”
16. In Article 5 of Law No. 225 of February 24, 1992, the following paragraph is added after paragraph 6: “6-bis. The judicial protection before the administrative judge against the orders adopted in all emergency situations declared pursuant to paragraph 1 and against the consequential commissarial measures as well as against the acts, measures and orders issued pursuant to paragraphs 2 and 4is governed by the Administrative Process Code.”
    (paragraph as amended by Article 3, paragraph 2, Legislative Decree No. 160 of 2012)

5-bis. Article 145-bis of Legislative Decree No. 385 of September 1, 1993, shall be amended as follows:
(Paragraph introduced by Article 1, Paragraph 3, Legislative Decree No. 195 of 2011)

2. (a) Paragraph 2 shall be replaced by the following: “2. Judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”;
   (b) Paragraph 4 shall be replaced by the following: “4. A copy of the judgment of the regional administrative court shall be forwarded, by the parties, to the Body for the purpose of publication, as an abstract.”
3. Article 2, paragraph 25, of Law No. 481 of November 14, 1995, is replaced by the following: “25. Judicial protection before the administrative judge shall be governed by the Administrative Process Code.”
4. Article 13, paragraph 11, of the Consolidated Text of the Provisions Concerning the Discipline of Immigration and Regulations on the Condition of Foreigners, set forth in Legislative Decree No. 286 of July 25, 1998, is replaced by the following: “11. Against the ministerial decree referred to in paragraph 1, judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”
5. Article 1, paragraph 26 of Law No. 249 of July 31, 1997 is replaced by the following: “26. Judicial protection before the administrative judge is governed by the Code of Administrative Procedure.”
6. In Legislative Decree No. 325 of June 8, 2001, Article 53 is replaced by the following: “Article 53 (L). Procedural provisions.
   1. Judicial protection before the administrative judge is governed by the Code of Administrative Procedure. (L).
   2. The jurisdiction of the ordinary court for disputes concerning the determination and payment of compensation as a result of the adoption of acts of an expropriatory or ablative nature shall remain in place. (L)” .
7. At Presidential Decree No. 327 of June 8, 2001, Article 53 Is replaced by the following: “Article 53 (L). Procedural provisions.
   1. Jurisdictional protection before the administrative judge is governed by the Code of Administrative Procedure (L).
   2. The jurisdiction of the ordinary court for disputes concerning the determination and payment of compensation as a result of the adoption of acts of an expropriatory or ablative nature (L) shall remain in effect.” .
8. In Article 13, Paragraph 6-bis, of the Consolidated Text of Legislative and Regulatory Provisions on Expenses and Justice, referred to in Presidential Decree No. 115 of May 30, 2002, the words: “for appeals provided for in Article 23-bis, paragraph 1, of Law No. 1034 of December 6, 1971, as well as other provisions referring to the aforementioned Article 23-bis, the contribution due is 1,000 euros; for appeals” are replaced by the following: “for appeals to which the abbreviated procedure common to certain matters provided for in Book IV, Title V, Chapter I of the Code of Administrative Procedure, as well as other provisions referring to the aforementioned procedure, the contribution due is 1,000 euros; for appeals” and the following sentence is added at the end of the paragraph: “Appeals are defined as the main appeal, cross-appeal, and additional grounds introducing new claims.”.
9. L’Article 9 of Legislative Decree Aug. 1, 2003, no. 259, shall be replaced by the following: “Article 9. Appeals against measures of the Ministry and the Authority. Judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”.
10. In Article 3, paragraph 1, of Decree Law No. 220 of August 19, 2003, converted, with amendments, by Law No. 280 of October 17, 2003, the words, “shall be referred to the exclusive jurisdiction of the administrative court,” shall be replaced by the following, “shall be governed by the Administrative Process Code.”
11. Article 81 of Legislative Decree No. 396 of December 30, 2003, is replaced by the following: “Article 81. Judicial protection. Judicial protection before the administrative judge shall be governed by the Code of Administrative Procedure.(L)”.
12. Article 81 of Presidential Decree No. 398 of December 30, 2003 is replaced by the following:
    “Article 81(L) Judicial protection. Judicial protection before the administrative court shall be governed by the Code of Administrative Procedure. (L).”.
13. Article 142, paragraph 5, of Legislative Decree No. 30 of February 10, 2005, shall be replaced by the following: “5. Judicial protection before the administrative court shall be governed by the Administrative Process Code.”
14. Article 3, paragraph 1-ter, of Legislative Decree No. 82 of March 7, 2005, is replaced as follows: “1-ter. Judicial protection before the administrative judge is governed by the Code of Administrative Process.”

17-bis. Article 140, paragraph 11, of Legislative Decree No. 206 of September 6, 2005 is replaced as follows: “11. This is without prejudice to the exclusive jurisdiction of the administrative court in matters of public services pursuant to Article 133, paragraph 1, letter c) of the Administrative Process Code.”
(paragraph introduced by Article 1, paragraph 3, Legislative Decree No. 195 of 2011)

8. Article 326, paragraph 7, of Legislative Decree No. 209 of September 7, 2005, is replaced by the following: “7. Judicial protection before the administrative judge is governed by the Administrative Process Code. Appeals shall also be notified to ISVAP, which shall provide legal defense with its own lawyers.”
9. In Legislative Decree No. 163 of April 12, 2006, the following amendments are made:
10. (a) inArticle 11, paragraph 10b, the words “of Article 245, paragraph 2-quater, first sentence” shall be replaced by the words “of Article 14, paragraph 3, of the Administrative Process Code.”
    (letter as amended by Article 1, paragraph 3, Legislative Decree No. 195 of 2011)
    b) Article 243-bis, paragraph 6, is replaced as follows: “6. The total or partial denial of self-protection, whether express or tacit, may be challenged only together with the act to which it refers, or, if the latter has already been challenged, with additional grounds.”
    (c) Article 244 shall be replaced by the following: “Article 244. Jurisdiction. The Code of Administrative Procedure shall identify the disputes subject to the exclusive jurisdiction of the administrative court in matters of public contracts.”
    (d) Article 245 shall be replaced by the following: “Article 245. Instruments of protection. Judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”;
    (e) Article 245-bis shall be replaced by the following: “Article 245-bis. Ineffectiveness of the contract in cases of serious violations. Ineffectiveness of the contract in cases of serious violations shall be governed by the Code of Administrative Process.”
    (f) Article 245-ter shall be replaced by the following: “Article 245-ter. Ineffectiveness of contracts in other cases. Ineffectiveness of contracts in cases other than those provided for in Article 245-bis shall be governed by the Code of Administrative Procedure.”
    (g) Article 245-quater shall be replaced by the following: “Article 245-quater. Alternative sanctions. Alternative sanctions applied by the administrative judge alternatively or cumulatively shall be governed by the Code of Administrative Procedure.”
    (h) Article 245-quinquies shall be replaced by the following: “Article 245-quinquies. Protection in specific form and by equivalent. Protection in specific form and by equivalent shall be governed by the Administrative Process Code.”;
    i)Article 246 shall be replaced by the following: “Article 246. Additional procedural rules for disputes related to infrastructure and production facilities. Judicial protection before the administrative court in disputes relating to infrastructure and production facilities shall be governed by the Code of Administrative Process.”

19-bis. The following amendments are made to Legislative Decree No. 198 of July 25, 2006:
(Paragraph introduced by Article 1, Paragraph 3, Legislative Decree No. 195 of 2011)

1. (a) In Article 37, paragraph 4, second sentence, the words “The court hearing the case” shall be replaced by the following “The court acting as the labor court hearing the case.”
2. (b) in Article 37, paragraph 4, the following words shall be added at the end: “Protection before the administrative court is governed by Article 119 of the Code of Administrative Procedure.”
3. (c) in Article 37, paragraph 5, the words “judgment referred to in paragraph 3” shall be replaced by the words “judgment referred to in paragraph 3 and paragraph 4.”
4. (d) in Article 38, paragraph 1, the words “or the competent regional administrative court,” shall be deleted;
5. (e) in Article 38, paragraph 5 shall be replaced by the following: “5. Protection before the administrative court shall be governed by Article 119 of the Code of Administrative Procedure.”
6. Article 22, paragraph 1, of Legislative Decree No. 30 of February 6, 2007, shall be replaced by the following: “1. Against removal orders for reasons of state security or public order referred to in Article 20, paragraph 1, judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”
7. Article 14, paragraph 1, of Legislative Decree No. 109 of June 22, 2007, shall be replaced by the following: “1. Against the measures provided for in this Decree, judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”
8. Article 22 of Law No. 124 of August 3, 2007, is replaced by the following: “Article 22. Judicial protection. Jurisdictional protection before the administrative court, having to do with disputes related to the labor relationship, shall be governed by the Code of Administrative Process.”
9. At theArticle 54, paragraph 2, of Decree-Law No. 112 of June 25, 2008, converted, with amendments, by Law No. 6 August 2008. 133, the words, “a petition pursuant to the second paragraph of Article 51 of Royal Decree No. 642 of August 17, 1907, “ shall be replaced by the following, “the levy petition referred to in Article 71, paragraph 2, of the Administrative Process Code, nor with respect to the period prior to its submission.”
10. Article 9, paragraph 1, Decree-Law No. 4 of February 4, 2010, converted with amendments by Law No. 50 of March 31, 2010, is replaced by the following:
    “1. Against the measures provided for in this Decree, judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”
11. The following amendments are made to Legislative Decree No. 66 of March 15, 2010:
12. (a) Article 441 is replaced as follows: “Art. 441. Judicial protection. – 1. Disputes concerning the requirements set forth in this Chapter shall be heard by the ordinary courts insofar as they relate to the payment of benefits; protection before the administrative courts shall be governed by the Administrative Process Code.“;
    (b) Article 1940, paragraph 2 shall be replaced by the following: “2. Against orders on conscription and against decisions on hierarchical appeals referred to in paragraph 1, judicial protection before the administrative court shall be governed by the Code of Administrative Procedure.”

25-bis. Paragraph 26-bis [ of Article 10 – ed. Decree-Law No. 70 of May 13, 2011, converted, with amendments, by Law No. 12 of July 12, 2011, no. 106 shall be replaced by the following: “26-bis. The protection against measures of the Agency shall be governed by the Code of Administrative Procedure.“”
(Paragraph introduced by Article 1, Paragraph 3, Legislative Decree No. 195 of 2011)

25-ter. L’ Article 114, paragraph 1, of Legislative Decree September 6, 2011, no. 159, shall be replaced by the following: “1. For all disputes attributed to the jurisdiction of the administrative court arising from the application of this title, jurisdiction shall be determined pursuant to Article 135(1)(p) of the Code of Administrative Procedure.”
(Paragraph introduced by Article 1, Paragraph 3, Legislative Decree No. 195 of 2011)

25-quater. In Article 3, paragraph 2, of Legislative Decree No. 149 of September 6, 2011, the words “The judgment on the related appeal shall be devolved to the exclusive jurisdiction of the administrative court” shall be replaced by the following:“Article 133 of the Code of Administrative Procedure shall apply to the related disputes.”
(paragraph introduced by Article 1, paragraph 3, Legislative Decree No. 195 of 2011)

Art. 4. Further repeals

1. As of the enactment of this Legislative Decree, the following regulatory acts are or remain repealed:

(1) Royal Decree No. 638 of August 17, 1907;
(2) Royal Decree No. 642 of August 17, 1907;
(3) Royal Decree No. 2840 of December 30, 1923;
(4) Royal Decree No. 1054: articles 1 to 4 inclusive; 6 to 10 inclusive; 26 to 32 inclusive; 33, second paragraph; 34 to 47; 49 to 56 inclusive;
5) royal decree no. 1058 of June 26, 1924;
6) royal decree no. 148 of January 8, 1931: article 58, second paragraph;
6-bis) royal decree no. 444 of April 21, 1942: articles 71 to 74;
(number introduced by article 1, paragraph 3, legislative decree no. 195 of 2011)
7) legislative decree no. 642 of May 5, 1948;
8) law no. 1018 of December 21, 1950: articles 5; 6; 9; 10;
9) law no. 1185 of November 21, 1967: article 11;
10) law no. 1034: articles 2 to 8 inclusive; 10; 19 to 39 inclusive; 40, first paragraph; 42 to 52 inclusive;
11) Presidential Decree No. 214 of April 21, 1973: articles 3; 4; 5; 12; 13; 23 to 27 inclusive; 30; 34; 37 to 40 inclusive;
(number as amended by Art. 1, para. 3, Legislative Decree No. 195 of 2011)
11-bis) Law No. 166 of May 27, 1975: article 8;
11-ter) Law No. 227 of June 7, 1975: article 9;
11-quater) Law No. 546 of August 8, 1977: article 4, para. 11;
(numbers introduced by Art. 1, para. 3, Legislative Decree No. 195 of 2011)
12) Law No. 75 of March 20, 1980: article 6;
13) Law No. 186 of April 27, 1982: articles 1, para. 4, from the words: “the judicial sections” to the end; 5; 55;
14) Act Aug. 7, 1990, no. 241: Articles 2-bis, paragraph 2; 11, paragraph 5; 19, paragraph 5; 20, paragraph 5-bis; 21-quinquies, paragraph 1, last sentence; 21-septies, paragraph 2; 25, paragraphs 5-bis and 6;
(number as amended by Article 1, paragraph 3, Legislative Decree No. 195 of 2011)
15) Decree Law No. 8 of January 15, 1991, converted, with amendments, by Law No. 82 of March 15, 1991: Article 10, paragraphs 2-sexies, 2-septies, 2-octies;
16) Law No. 266 of August 11, 1991: Article 6, paragraph 5;
17) Legislative Decree September 1, 1993, no. 385: [Article 145, paragraphs 4 to 8;] Article 145-bis, paragraph 3;
(number as amended by Art. 1, Paragraph 3, Legislative Decree No. 195 of 2011, later declared constitutionally unlawful by Constitutional Court, by Judgment No. 94 of 2014, insofar as it repeals Art. 145, paragraphs 4 to 8, of Legislative Decree No. 385 of 1993)
18) (number deleted by Art. 1, paragraph 3, Legislative Decree No. 195 of 2011)
19) (number deleted by Art. 3, paragraph 1, Legislative Decree No. 160 of 2012)
20) Legislative Decree of March 31, 1998, no. 80: articles 33, 34, and 35;
21) Law No. 133 of May 4, 1998: article 4, paragraph 3;
22) Law No. 28 of February 22, 2000: articles 10, paragraph 10; 11-quinquies, paragraph 4;
23) Act July 21, 2000, no. 205: articles 1; 2; 3, paragraphs 1, 2, 3; 4; 6, paragraph 2; 7; 8; 11; 12; 16;
(number as amended by Article 1, paragraph 3, Legislative Decree No. 195 of 2011)
24) Law No. 383 of December 7, 2000: Article 10, paragraph 2;
25) Legislative Decree No. 378 of June 6, 2001: Article 45, paragraph 2;
26) Presidential Decree No. 380 of June 6, 2001: article 45, paragraph 2 ;
27) Legislative Decree No. 188 of July 8, 2003: article 37, paragraph 7;
28) Legislative decree August 1, 2003, no. 259: article 92, paragraph 9 ;
29) decree-law no. 220 of August 19, 2003, converted, with amendments, by law no. 280 of October 17, 2003: article 3, paragraphs 2, 3 and 4;
30) law no. 311 of December 30, 2004: article 1, paragraph 552;
31) decree-law no. 63 of April 26, 2005, converted, with amendments, by law no. 109 of June 25, 2005: article 2-sexies, paragraph 1;
32) decree-law no. 144, converted, with amendments, by Law No. 155 of July 31, 2005: article 3, paragraph 4-bis;
33) Legislative Decree No. 206 of September 6, 2005: article 27, paragraph 13, first sentence;
34) Decree Law No. 245, converted, with amendments, by Law No. 21 of January 27, 2006: article 3, paragraphs 2-bis, 2-ter and 2-quater;
35) Law No. 262 of December 28, 2005: article 24, paragraphs 5 and 6;
36) Legislative decree April 3, 2006, no. 152: articles 310, paragraph 2 , limited to the words:”, in exclusive jurisdiction,”; 316, paragraph 1, limited to the words:”, in exclusive jurisdiction,”;
36-bis) Legislative Decree No. 163 of April 12, 2006: article 246-bis ;
(number introduced by Article 1, paragraph 3, Legislative Decree No. 195 of 2011)
37) Law No. 296 of December 27, 2006; Article 1, paragraph 1308;
38) Legislative Decree No. 145 of August 2, 2007: Article 8, paragraph 13, first sentence;
39) Decree-Law No. 90 of May 23, 2008, converted, with amendments, by Law No. 123 of July 14, 2008: Article 4;
40) Decree-Law No. 112 of June 25, 2008, converted, with amendments,by Law No. 133 of August 6, 2008: article 54, paragraph 3, letters c) and d) ;
41) Decree-Law No. 185 of November 29, 2008, converted, with amendments, by Law No. 2 of January 28, 2009: article 20, paragraph 8 , subject to the provisions of theArticle 15, paragraph 4, of Legislative Decree No. 20 March 2010, no. 53;
42) law June 18, 2009, no. 69: Article 46, paragraph 24, limited to the words: “administrative and”;
43) law July 23, 2009, no. 99: Articles 41; 53(2).