ITALIAN NATIONAL REPORTS - Università Degli Studi Di Palermo

ITALIAN NATIONAL REPORTS – WASHINGTON 2010
THE CARDOZO ELECTRONIC LAW BULLETIN, VOL. 16(1) - SPECIAL ISSUE
discretionary power of the executive branch. The overall system of guaranties
for property owners must be complemented with the other constitutional
principles, set for the in article 113. Against any act of the public
administration interested parties always have unlimited jurisdictional
protection before civil or administrative judges. National laws define which
judges can set aside and repeal acts of the public administration, in cases and
with effects that the same laws must determine. In this second case, the role
of the law is to protect the prerogatives of the executive power, while
providing individuals with jurisdictional protection.
The jurisdictional protection is supposed to ensure the effectiveness of the
due process that the constitutional rules grant, particularly as far as the
indemnification principle is concerned and for the previous assessment of the
conditions under which the public administration exercised the power to take
private property (which basically turns in the issue of determining whether a
public interest exists for the procedure to take place).
The compliance with the constitutional principle that mandates an act of the
parliament governing requirements and procedures for expropriation was
assured by a pre-unitary law (June 25, 1865, N. 2359), followed and amended
by a number of other laws and specific regulations, and constantly corrected
by opinions of the Constitutional Court that was responsible for reconciling
the old law with the new principles of the Constitution, dating 1948. Recently,
the Italian Parliament consolidated all rules in a restatement (Testo Unico), the