Jurisdiction of the Administrative Judge: Commentary on Order No. 23137 of 2024

The recent Order No. 23137 of August 27, 2024, issued by the Court of Cassation, represents an important ruling on jurisdiction, particularly concerning disputes related to agricultural universities and collective domain funds. This article aims to analyze the key points of the judgment, making the legal implications of the Court's decisions understandable.

The Regulatory and Legal Context

The dispute concerns an agricultural university that challenged municipal resolutions regarding the classification of roads and the acquisition of land. The Court clarified that, in such cases, jurisdiction is vested in the administrative judge, excluding the commissioner for civic uses. This aspect is fundamental as it clearly establishes the boundaries between the competencies of different jurisdictional authorities.

• The jurisdiction of the administrative judge applies to disputes concerning municipal resolutions.
• The commissioner for civic uses does not have jurisdiction over these specific disputes.
• Collective domain funds are considered under the jurisdiction of the administrative judge.

In general. The dispute initiated by an agricultural university, owner of lands definitively recognized as collective domain, to challenge municipal resolutions classifying roads and acquiring lands into the entity's assets, is devolved to the jurisdiction of the administrative judge – and not the commissioner for civic uses.

This maxim highlights the centrality of administrative jurisdiction in handling matters involving the interests of agricultural universities. It is important to note that the Court referred to established regulations, such as Law No. 1766 of June 16, 1927, which lays down the legal basis for the management of civic uses and collective funds.

Implications of the Judgment

The Court of Cassation's decision has several practical implications for agricultural universities and local administrations. It clarifies that:

• Agricultural universities have the right to challenge municipal resolutions that could compromise their rights over collective domain lands.
• Municipal administrations must consider the jurisdiction of the administrative judge in their decisions.
• Legal certainty is strengthened, avoiding jurisdictional conflicts that can slow down dispute resolution.

These considerations are particularly relevant in a context where agricultural universities play a fundamental role in land and natural resource management.

Conclusions

Order No. 23137 of 2024 represents a milestone in defining jurisdiction regarding civic uses and collective domain funds. The Court of Cassation has clarified the roles of different jurisdictional authorities, providing an important reference for agricultural universities and local administrations. This type of ruling is essential to ensure fair and transparent management of collective resources, in compliance with current regulations.