Analysis of Judgment No. 50318 of 2023: Building Amnesty and Applicable Regulations

Judgment No. 50318 of October 25, 2023, issued by the Court of Termini Imerese, falls within a legal context of particular relevance to the building sector. The Court addressed the issue of building amnesty, clarifying the applicability of the regulations in force at the time the application was submitted. This aspect is crucial, as it determines not only the legitimacy of amnesty requests but also the rights and obligations of the parties involved.

The Principle of Specificity and Applicable Regulations

The headnote of the judgment reads:

Building amnesty – Applicability of regulations pertaining solely to the relevant application – Existence – Applicability of subsequent regulations – Exclusion – Reasons. In matters of building offenses, each amnesty procedure must be assessed based on the regulations pertaining to the relevant application; therefore, no automatic and unforeseen extension of other, different, subsequent regulations can be invoked, even if, in abstract, they relate to the same institution of amnesty. This is precluded both by the diversity of the access requirements to it, provided for by the multiple regulations, and by the principle of specificity of administrative acts and procedures, which requires a correlation between the application, the relevant regulations, and the final decision.

This headnote highlights that each amnesty request must be evaluated exclusively based on the regulations in force at the time of its submission. It is not possible to retroactively apply subsequent laws that may, in abstract, concern the same institution of amnesty. This principle of specificity is founded on the need to ensure legal certainty and transparency in administrative proceedings.

Relevance of the Judgment in Italian Jurisprudence

The judgment under review is part of a jurisprudential trend already initiated by previous decisions, such as those of 2008 and 2009, which had already affirmed the necessity of correlating amnesty applications with the specific regulations in force. The Constitutional Court, in fact, has repeatedly emphasized the importance of respecting the access requirements for amnesty, as provided for by various regulations.

In particular, the judgment in question reiterates that:

• Each amnesty application must be examined according to the regulations in force at the time of the request.
• The automatic application of subsequent regulations is not permissible, as this would violate the principle of specificity.
• The diversity of access requirements among the various regulations must be respected to ensure the legality of the procedure.

Conclusions

In conclusion, judgment No. 50318 of 2023 represents an important reference point for all those operating in the building sector and for legal professionals. It definitively clarifies that the regulations applicable to building amnesty proceedings must be those in force at the time of the application, thus protecting the rights of the parties involved and ensuring legal certainty. It is therefore essential that anyone intending to submit an amnesty application be adequately informed about the current regulations to avoid future surprises and legal issues.