Administrative law

The Cetraro Law Firm operates in the field of Administrative Law and Administrative Procedural Law, offering services to both businesses and private individuals.

In particular, it offers legal advice and assistance on expropriation, town planning, territorial government, public works and infrastructures, authorizations and concessions.

The Firm assists its customers in all phases relating to administrative litigation before the T.A.R., the Council of State, in arbitration and before other judicial and administrative authorities.

The firm also boasts specific experience in the defense of public officials, assisting them in judgments before the Court of Auditors.

Cons. of State, Sec. III, sent. n. 872 of 02.02.2020: “(…) Participation in the stabilization procedure is not allowed to employees already on permanent employment in another public administration, as such an event contradicts the” ratio “of the rule, altering its special nature of recruitment restricted to the audience of “precarious” employees, as holders of fixed-term contracts.”

Cons. of State, Sec. III, sent. n. 820 of 31.01.2020: “(..) The anti-mafia information does not require the necessary observance of the procedural contradictory, merely possible in this matter pursuant to art. 93, paragraph 7, Legislative Decree no. 159 of 2011 or the application of art. 21-octies, paragraph 2, l. n. 241 of 1990, since the anti-mafia information is not a binding provision, but by its very nature discretionary.”

Cons. of State, Ad. Plen., Sent. n. 02 of 20.01.2020: “(…) For the cases governed by art. 42-bis of the Presidential Decree June 8, 2001, n. 327, containing the Consolidated text of the laws and regulations on expropriation for public benefit, the permanent offense of the administration ceases in the cases provided for by it (the acquisition of the property or its return), subject to the conclusion of a translation agreement between the parties, of a settlement nature, while the abdicative renunciation cannot be recognized.”

LAW ON THE ADMINISTRATIVE PROCEDURE (Law 7 August 1990, n. 241)
CODE OF THE ADMINISTRATIVE PROCESS
PUBLIC CONTRACTS CODE