Practice area

Appeals to the TAR and the Council of State

When an administrative decision affects a right or interest, precise remedies exist, with strict deadlines within which to activate them.

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What we do

Protection against administrative action

Annulment of decisions

Appeals to the TAR, the Council of State and the Sicilian CGA within the statutory time limits against unlawful decisions: refusals, revocations, forfeitures, orders, exclusions. Interim relief where the decision causes immediate harm.

Failure to act

When the administration does not respond to an application within the statutory time limit, the court may order it to decide. The action may be brought while the failure persists and in any event within one year of the expiry of the time limit for concluding the procedure (Art. 31 of the Code of Administrative Procedure).

Damages

Compensation claims for harm to legitimate interests, damage from delay and from unlawful administrative decisions.

Access to documents

Documentary, civic and generalised access (FOIA): applications and appeals against refusals and silence, also in view of subsequent challenges.

Enforcement of judgments

Enforcement proceedings against administrations that fail to comply with judgments, including the appointment of an ad acta commissioner.

Extraordinary petition

Extraordinary petition within 120 days (Art. 9 of Presidential Decree no. 1199/1971): an alternative single-instance remedy for selected cases.

The time limits indicated are the ordinary ones and may vary according to the procedure. General information only; not legal advice.
Algorithmic decisions by public authorities. If the decision affecting you was taken with the support of an automated system, further safeguards apply: transparency and knowability of the algorithm, the rule that the decision may not rest on automation alone, and the possibility of requesting an administrative review. Read more on AI law.