L’azione avverso il silenzio della pubblica amministrazione

Abstract

The purpose of this paper is to examine the theme of the action against the silence of the Public Administration, starting from the substantive, normative and jurisprudential data: the duty to provide, an expression of the constitutional principle of good performance as per Article 97 of the Fundamental Charter and codified in Article 2 of the law on administrative proceedings, the fundamental features and pathological aspects of which are examined, without any claim to absolute exhaustiveness: the delay in concluding the administrative procedure, the silence-fulfilment and the discipline of the legal consequences of the delay in the provision with regard to private parties. In the second part of the paper, the procedural remedies envisaged by the code of the administrative process and available to private individuals to protect their subjective situations in the face of the Public Administration's insignificant silence will be examined. The action against silence, now governed by articles 31 and 117 of the Code of Administrative Procedure, will therefore be reconstructed from its inception, on a preliminary basis, by the Council of State and following the stages of its evolution, both regulatory and jurisprudential.