Order No. 17104 of 2024: Jurisdiction over Public and Private Roads

The issue of jurisdiction over public and private roads is of significant importance in the Italian legal landscape. Order No. 17104 of June 20, 2024, offers significant insights for understanding the boundaries between the powers of public administration and the rights of private individuals. In particular, this ruling by the Court of Cassation clarifies that the inclusion of a road in the list of public streets serves a purely declaratory function, paving the way for jurisdictional issues involving the ordinary judge.

The Declaratory Function of Municipal Listing

According to the ruling, the inclusion of a road in the list of public streets by the Municipality does not automatically determine the public nature of the road itself. It serves a declaratory function of the Municipality's claim and translates into a presumption of public status. This means that mere inclusion is not sufficient to establish rights of public use, as contrary evidence can be provided regarding the nature of the road or the absence of rights of enjoyment by the community.

The inclusion of a road in the list of public streets or streets burdened by public use serves a purely declaratory function of the Municipality's claim and establishes a simple presumption of public status, which can be overcome by contrary evidence of the road's nature or the absence of a right of enjoyment by the community; consequently, disputes concerning the ownership, public or private, of a road or the absence of rights of public use of a private road are devolved to the jurisdiction of the ordinary judge, as they involve the ascertainment of subjective rights, of private individuals or of public administration, even when the claim formally concerns the annulment of road classification measures, given that the substantive claim, not being aimed at reviewing an authoritative act of the Public Administration, is in reality of a petitory nature.

Jurisdiction and Subjective Rights

A crucial aspect highlighted by the order concerns the jurisdiction of the ordinary judge. The Court establishes that disputes regarding the ownership, public or private, of roads and the absence of rights of public use on private roads must be handled by the ordinary judge. This is particularly significant as it implies that, even when seeking the annulment of road classification measures, the underlying issue is substantive and pertains to the ascertainment of subjective rights.

Conclusions

In conclusion, Order No. 17104 of 2024 represents an important step in understanding jurisdiction over roads. The distinction between the declaratory function of municipal listing and the possibility of contesting such listing with contrary evidence is fundamental for resolving any disputes. The issue of the ordinary judge's jurisdiction regarding rights of public use and the ownership of private roads offers a clear legal framework, useful for both legal professionals and citizens interested in understanding their rights.