Higher Manual of Administrative Law 2024-2025

The Higher Manual of Administrative Law reaches its eighteenth Edition . This is an important milestone for a legal volume that has had and will continue to have the objective of rigorously and innovatively training generations of legal professionals already in practice, as well as aspiring magistrates and lawyers.

As usual, the Edition has been updated to reflect the most important legislative innovations , in particular those relating to: building and urban planning (Law 24 July 2024, n. 105, of conversion of Legislative Decree 29 May 2024, n. 69, the so-called Salva-Casa); differentiated autonomy of the Regions (Law 26 June 2024, n. 86); international protection (Law 1 December 2023, n. 176, of conversion of Legislative Decree 5 October 2023, n. 133).

Among the numerous new developments in case law examined, those on the subject of: collective interest and legitimacy of the association body ( Cons. St., Sect. IV, 20 August 2024, no. 7173 ); civic access ( Cons. St., Sect. III, 5 August 2024, no. 6958 ); positive outcome of judicial control and request for review of the interdiction ( Cons. St., Sect. III, 31 July 2024, no. 6880 ); works partially carried out by virtue of a lapsed building permit ( Cons. St., Plen. Ad., 30 July 2024, no. 14 ); gross negligence and liability to the treasury ( Constitutional Court, 16 July 2024, no. 132 ); collaborative prevention ( Council of State, Section III, 27 June 2024, no. 5688 ); state property concessions ( Council of State, Section VII, 20 May 2024, nos. 4479, 4480, 4481 ; Supreme Court, Joint Section, 23 November 2023, no. 32559 ); extraordinary appeal to the Head of State and nullity of the decision ( Council of State, Plen. Court, 7 May 2024, no. 11 ); verification of tax regularity in a tender ( Council of State, Plen. Court, 24 April 2024, no. 7; Council of State; Section III, 4 January 2024, no. 161) ; request for access to the case file ( Council of State, Plen. Ad., 12 April 2024, no. 5); improper suspension ( Council of State, Plen. Ad., 22 March 2024, no. 4 ); contingent and urgent mayoral provision ( Council of State, II Section, 18 March 2024, no. 2567 ); parameters of the taxation of building abuse ( Council of State, Plen. Ad., 8 March 2024, no. 3 ); extension of the tacit consent and analogical applicability of exceptions ( Council of Justice and Administrative Sciences , 4 March 2024, no. 172 ); secrets and access in tender procedures ( TAR Lazio - Rome, 26 February 2024, no. 3811 ); owner of a contaminated site and safety ( Council of State, Section IV, 2 February 2024, no. 1110 ); premium use ( TAR Campania, Salerno, Section I, 30 January 2024, no. 315 ); in-house ( Council of State, Section V, 26 January 2024, no. 843 ; Cass., Joint Section, order, 8 January 2024, no. 567 ); appeal against the acts of the Commissioner ad acta ( Council of State, Section III, 8 January 2024, no. 254 ); privatization of public employment, non-equalization with private work ( Cass., Joint Section, 28 December 2023, no. 36197 ); annulment of an illegitimate act due to lack of jurisdiction ( Court of Cassation, Fifth Section, 29 December 2023, no. 11307 ); nature of the lack of motivation and art. 21- octies , paragraph 2, Law 241 of 1990 ( Court of Cassation, Seventh Section, 27 December 2023, no. 11222 ); choices of plan and assignment ( Court of Cassation, Fourth Section, 18 December 2023, no. 10976 ); subsidiarity of the action for unjust enrichment ( Court of Cassation, United Section, 5 December 2023, no. 33954 ); acquisition pursuant to art. 42 bis , Presidential Decree no. 327 of 2001 and ECHR ( ECtHR, Section I, 5 December 2023 ); labour-intensive contracts ( Council of the European Communities, Section V, 5 December 2023, no. 10530 ); appeal in cassation and grounds relating to jurisdiction ( Cass., United Section, 23 November 2023, no. 32559 ); tacit consent in building matters ( Council of the European Communities, Section VI, 30 November 2023, no. 10382 ); tacit consent and landscape authorisation ( Council of the European Communities, Section IV, 21 October 2023, no. 8610 ); nature of the offence of failure to comply with a demolition order ( Council of the European Communities, Plen. Ad., 11 October 2023, no. 16 ).

Several issues were examined for the first time or were profoundly revised in the discussion, including those concerning: inalienability and transferability of legitimate interest; treasury liability; differentiated autonomy; construction; public law body.