Автор: Пользователь скрыл имя, 30 Октября 2011 в 16:41, реферат
Italian law is based on Roman law, particularly its civil law, and on French Napoleonic law (itself based on the Roman model).
The codes of the Kingdom of Sardinia in civil and penal affairs were extended to the whole of Italy when Italy was unified in the mid-19th century. The revised 1990 penal code replaced the old ‘inquisitory’ system with an accusatory system similar to that of common-law countries.
Exclusive (special) jurisdiction also allowed only in cases expressly provided by law, in particular for public officials whose status is regulated by public law, disputes between the government (or public) institutions (ente publico - a concept that implies in Italy the so-called legal entities of public law, including not only government and administrative bodies as well as territorial units - provinces and municipalities, as well as state-owned enterprises) and public institutions that are under the supervision of the central public administration; disputes between the State and its creditors, relating to the interpretation of contracts for public Loan Agreement (Article 29 of Decree № 1054/1924); Civil Service Municipalities and Provinces (Article 5 of the Act № 1034/1971); complaints against the acts and regulations relating to concessions on government property or services of public services (Article 1 Act of August 23, 1988 / № 398).
This also included a complaint against the laws and regulations on the authorization the sale of property owned by large companies who find themselves in a crisis the financial position and operating in the mode of external control. Among the special laws, for example, the law № 1185 dated November 21, 1969 (appeal against refusal of grant or denial of a passport), the law № 1065 dated January 28, 1977, concerning the scope of building permits and concessions for construction works. The peculiarity of this type of jurisdiction is that the judge decides all questions relating to subjective rights, and may compel the administration to pay the amounts formed in this way accounts receivable. However, despite this, the competence of the judiciary of general jurisdiction are matters affecting property rights, a preliminary discussion on business and private capacity, legal capacity, arising from a court decision involving the illegal act of the state administration (Art. 7.1 of the law № 1034 / 1971).
Recall that according to Art. 6 of № 1034/1971 TAR jurisdiction over cases involving disputes arising during the elections to municipal councils, provincial and regional councils, being matters relating to the franchise (right to be elected) and within the competence of the judiciary of general jurisdiction.
Finally, Art. 27 Decree № 1054/1924 and Art. 37 of the Law № 1034/1971 provide judges TAR competence in making decisions on appeals against administrative authorities pursuant to a court decision rendered by the general authorities of jurisdiction or administrative justice bodies.
With regard to the special administrative jurisdiction, the Chamber granted the competence in the following subjects:
a) Cases of financial reporting, ie, statements, which are required to provide actors legally (treasury, tax collectors, curators of the property - the material responsible person) or actually managing public funds;
b) responsible for the management accounting;
c) retirement pensions for civil disputes, pensions, military personnel and disabled veterans (pensions lost soldiers) and disputes over allegations of the parties;
d) disputes relating to the quota of non-recoverable tax deduction of mortgage amounts and indemnities for overcharged taxes by the tax inspection and the Treasury.
In turn, the regional tribunal for public water use has general jurisdiction to invalidate on complaints of public administration that violate the legitimate interests (related to the mode of public water or performing work necessary for the public water, such as the restoration of public gidrozapasov reservoirs) and owns special jurisdiction on the merits. Tax Commission (provincial and regional) granted jurisdiction to review disputes between taxpayers and the authorities of financial management relating to the assessment of the penalty and the factors that create the preconditions of tax liabilities. The tax on these items commissions have exclusive jurisdiction, and may thus be seen in the court and the case of violation of subjective rights.
In the trial TAR follow the procedures established for the sections of the State Council, but soon to be adopted and the procedure for trial courts. The claim must be notified within 60 days from the date the person concerned has first become familiar with the contents of an administrative act, or from the time when it was brought to its attention. The notification is made as to the authority which issued the decision appealed, or by notice to all parties that this legal act directly affected. The plaintiff, showing heavy losses and irreparable harm inflicted on him by the act of execution of state administration may require the suspension of its power.
Legislating
in the field of administrative law in Italy was characterized by increased
separation between the state administration, on the one hand, and the
subjects of private law - on the other hand, maintaining the rule of
the first. Was not achieved parity between the entities of which would
imply a difference of legal instruments and procedures of judicial protection,
which in addition has led to unnecessary regulatory overproduction and
- as a consequence of the latter - to create a parallel system of legal
norms that are specific to the activities of public administration.
Accompanied by a complete isolation of law-making of public administration
and its inability to respond to the realities of everyday life.[5]
MINISRTY OF EDUCATION AND SCIENCE,
NATIONAL UNIVERSITY “ODESSA LAW ACADEMY”
ADMINISTRATIVE JUSTICE IN ITALY