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FORTHCOMING ARTICLE BY RICCARDO VILLATA IN “RIVISTA DI DIRITTO PROCESSUALE AMMINISTRATIVO"

March 2019

The article is a further contribution to an ongoing debate on jurisdiction in which Riccardo Villata provides, amongst other interpretations, an insight into the constitutional system resulting from Articles 103 and 113 of the Italian Constitution.

The author confirms his adherence to the traditional structure of the administrative judicial system based on the acknowledgment of legitimate interests as subjective legal situations for the protection of which an ad hoc judge is needed.

As a result, Professor Villata does not share the opinion that the administrative judge should be abolished and replaced by specialised sections of the ordinary magistrate.

The article will soon appear in the renowned law journal “Rivista di Diritto Processuale Amministrativo”, No. 1/2019, published by Giuffrè, Milan.

Legal Developments by:
Studio Legale Villata, Degli Esposti e Associati

  • CONFISCATION UNDER ART. 44 OF THE ITALIAN CONSTRUCTION CODE AND PROTECTION OF THIRD PARTIES

    The confiscation measure examined in this essay is provided for in Article 44 § 2 of Presidential Decree no. 380/2001 (hereinafter, “Construction Code ”), under the heading “Criminal sanctions”. Article 44 § 2 states: “In a final judgement establishing that there has been unlawful site development, the criminal court shall order the confiscation of the unlawfully developed land and the illegally erected buildings. Following the confiscation, the land shall pass into the estate of the municipality on whose territory the site development has been carried out. The final judgement shall constitute a document of title for immediate entry in the land register ”.
    - Villata, Degli Esposti e Associati

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