DISCLAIMER

In case of interpretation or translation misleading, the Italian version will prevail.

DURATION
2 days

DATES
4-5 June 2025

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TIME SCHEDULE
9,00 – 14,30

PARTICIPATION FEE
euro 660.00 + VAT (the fee is exempt from VAT if paid by public bodies)

SPEAKER
Dr. Paolo PASSONI
President Tar Pescara

Description

This course provides an in-depth analysis of the civil, administrative, and constitutional liabilities of public administrations and their officials towards third parties. Through a review of recent case law, legislative developments, and key legal principles, the course explores the conditions under which public bodies can be held accountable for acts or omissions, including unlawful behavior by their employees, procedural delays, or violations of legitimate interests.

Objectives

• To examine the legal framework of public liability according to Article 28 of the Constitution and Common Law.
• To distinguish between direct and indirect liability of the administration in relation to the actions of public employees.
• To analyze the extent of accountability in cases of procedural omissions, silence, and delays.
• To explore issues of jurisdiction between ordinary and administrative courts.
• To understand the criteria for damage compensation, including both pecuniary and non-pecuniary damages, and the application of recent judicial rulings.
• To review the administration’s responsibility in public procurement, focusing on the annulment of awards and related damages.

Target

Executives and officials of public administrations, legal advisors, public procurement officers, and legal professionals involved in administrative liability, public service delivery, and litigation.

Program and Contents

• Article 28 of the Constitution: Direct liability of public employees; interpretations by the Constitutional Court, mostly according to Articles 22 and 23 of DPR 3/1957 (e.g. ruling 49/2022).
• The “organic link”: Conditions for holding public bodies liable for actions of their employees; extensive case law from the Supreme Court including civil liability for intentional misconduct (e.g. ruling 13246/2019).
• Direct vs. indirect liability: Application of Articles 28 of the Constitution, 2043 and 2049 of the Civil Code; failure to act by public officials and concurrent responsibility of the administration (e.g. Supreme Court ruling 356/2023).
• Degrees of fault: Diligence standards for institutions (intent, gross negligence, slight negligence) and employees (intent and gross negligence); liability judgments by the Court of Auditors; “good civil servant” standard (Art. 1176(2) Civil Code).
• Legitimate interests and damage claims: Impact of Article 30 of the Administrative Procedure Code (CPA); concurrent fault (Art. 1227 Civil Code); deadlines and Constitutional Court’s take on budgetary constraints (ruling 94/2017).
• Contractual and extra-contractual liability: The tertium genus and EU Court of Justice interpretations; precontractual liability (culpa in contrahendo); jurisdictional conflicts between the Council of State and the Supreme Court (e.g. AP 5/2018, 20/2021, and ruling 3514/2023).
• Case of annulled favorable acts: Legal consequences of revocation or judicial annulment; the impact of the new Public Procurement Code (Legislative Decree 36/2023); the new Art. 124 CPA on actions for recovery and damages by contracting authorities.
• Illegality and unlawfulness of administrative acts: EXPO Milano case; procedural delays and disciplinary consequences (Art. 2(9), Law 241/1990); personal liability of signing officials and silent consent issues (Art. 14-bis and Art. 21(2-ter), Law 241/1990).
• Specific performance and compensatory execution: Execution of judgments in kind or for compensation (Council of State AP 2/2017); fines for non-compliance (astreintes); distinctions between reparation and sanctions (Council of State AP 15/2014).
• Damages for non-compliance with final rulings: Responsibilities of the procedural lead and decision-maker; conflicts of competence and the role of the Commissioner ad acta (AP 8/2021).
• Public procurement liability: Application of Articles 120–125 CPA; annulment of contracts and the resulting sanctions; risk areas for corruption and enhanced legal compliance (Legislative Decree 33/2013 and subsequent updates).
• Non-material damages (Art. 2059 Civil Code): Judicial trends on fundamental rights violations by public authorities; Englaro case; liability for omitted opinions (Art. 16, Law 241/1990); false statements and damage from administrative disruption or delay.
• Administrative efficiency and collective action (D.Lgs. 198/2009): Jurisdiction and liability for administrative inefficiency; responsibilities in service conferences under Legislative Decree 126/2016; abolition of criminal precondition for disciplinary actions, also for military personnel.
• Managerial liability: Definition and disciplinary consequences in relation to procedural obligations and the principle of good administration.

ISSUANCE OF THE CERTIFICATE OF FREQUENCY AND PROFIT

The CEIDA has applied for renewal of accreditation with the Lazio Region, following the adaptation of facilities to ensure full accessibility, in accordance with current regulations. Pending the confirmation of accreditation, the certificate of attendance and profit will still be issued, subject to reservation, according to the procedures provided by the regulations currently in force.

IMPORTANT RECOMMENDATION

Please note that the activation of the course will only take place following written communication from CEIDA. Therefore, we strongly advise against making reservations or purchases of travel tickets, accommodation or other related services before receiving such official confirmation, including the mode of course delivery (face-to-face or distance). CEIDA accepts no responsibility for any expenses incurred in advance and shall not be liable in any way for reimbursement or compensation of a financial or other nature.