Studio Legale Lessona represents individuals, businesses and public authorities in proceedings before the Regional Administrative Courts (TAR) throughout Italy and before the Council of State (Consiglio di Stato), both bringing appeals against administrative decisions and defending public authorities and counter-parties.
An appeal to the TAR is the remedy for challenging the lawfulness of an administrative decision that harms the applicant’s interests. Typical examples include:
As a rule, jurisdiction lies with the TAR of the region where the issuing authority has its seat; for acts of central government bodies the TAR for Lazio has jurisdiction, unless the effects of the act are confined to a single region.
The appeal may seek annulment of the decision, an order requiring the authority to act where it has failed to do so, and damages.
Time limits in administrative proceedings are short, and once they expire the decision can no longer be challenged. The main ones are:
It is therefore important to submit the decision to the firm as soon as it is received, together with the documents of the administrative procedure.
A refusal of access to administrative documents, a deferral, or the authority’s silence (which arises thirty days after the request) can be challenged before the TAR under a special fast-track procedure laid down in Article 116 of the Italian Code of Administrative Procedure. The appeal must be brought within thirty days; the case is heard in chambers and, if the claim is well founded, the TAR orders the authority to disclose the documents.
The same procedure applies to general civic access (FOIA requests), after any request for review, and an application for access may also be made in the course of pending proceedings. As an alternative to court proceedings, a refusal may be referred to the ombudsman (difensore civico) or to the Commission for Access to Administrative Documents.
The appeal is served on the public authority and on at least one counter-party, and then filed electronically with the TAR. The authority and the counter-parties may enter an appearance; after an exchange of written submissions and documents, the case is argued at a public hearing and decided by judgment. In certain areas, such as public procurement, the procedure is fast-tracked and procedural time limits are halved.
Where enforcement of the decision may cause serious and irreparable harm, the appeal may include an application for suspension of the act; the TAR rules in chambers, usually within a few weeks. In cases of extreme urgency, the President of the court may grant provisional measures by decree before the hearing in chambers.
A TAR judgment may be appealed to the Council of State within 60 days of its notification or, if it has not been notified, within six months of its publication. If the authority fails to comply with the judgment, compliance proceedings (giudizio di ottemperanza) may be brought.
The firm has practised administrative law for more than a century and handles a large number of cases each year before the TARs and the Council of State, particularly in public contracts, building and planning, expropriation, state-owned concessions and public employment. An overview is available on the Administrative Law page.
For an initial assessment, please send the contested decision, stating the date on which it was received, together with any available documents. The firm receives clients by appointment at its offices in Florence, Rome and Olbia, and also by telephone or video call. Please write to posta@studiolessona.it or use the Contact page.
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