Administrative Jurisdiction and Supplementary Agreement Obligations: Commentary on Ruling No. 15673 of 2024

The recent order No. 15673 of June 5, 2024, issued by the Supreme Court of Cassation, has sparked significant debate regarding jurisdiction over obligations arising from supplementary or substitute agreements to administrative measures. This ruling, which confirms the exclusive jurisdiction of the administrative judge, offers food for thought for legal practitioners and citizens involved in similar disputes.

Context of the Ruling

In the case under review, the appellant A. (Tanzarella Francesco) challenged a decision by the Court of Appeal of Bari, which had declined the jurisdiction of the ordinary judge in favor of the administrative judge. The central issue concerned the enforcement of a program agreement entered into between Regions and river basin authorities, an area where Italian legislation clearly designates the administrative judge as competent.

Non-compliance with obligations arising from supplementary or substitute agreements to administrative measures - Jurisdiction of the administrative judge - Case concerning a program agreement between Regions and river basin authorities. Disputes concerning non-compliance with obligations arising from supplementary or substitute agreements to administrative measures fall under the exclusive jurisdiction of the administrative judge. (In this specific case, the Supreme Court confirmed the merits decision by which the jurisdiction of the ordinary judge was declined regarding the claim concerning the enforcement of a program agreement between Regions and river basin authorities).

Analysis of Jurisprudence

This ruling is part of a well-defined legislative framework in Italy, particularly Law 241/1990, which governs administrative activity and defines principles of transparency and participation, and Law 142/1990, which deals with local authorities. Jurisprudence has frequently reiterated that disputes relating to obligations arising from program agreements fall under the exclusive competence of the administrative judge, highlighting the importance of ensuring effective judicial intervention in the public sphere.

• Law of 08/06/1990 No. 142 Art. 27
• Law of 07/08/1990 No. 241 Art. 11
• Law of 07/08/1990 No. 241 Art. 15
• Legislative Decree of 18/08/2000 No. 267 Art. 34
• Legislative Decree of 02/07/2010 No. 104 Art. 133 Paragraph 1 Letter A)

Conclusions

Ruling No. 15673 of 2024 represents an important reference point for Italian jurisprudence on administrative jurisdiction. It underscores the need for a coherent and systematic approach in addressing disputes involving obligations arising from agreements between public entities. For lawyers and jurists, it is essential to consider such pronouncements to correctly orient legal strategies and ensure adequate protection of citizens' rights.