A regional administrative court (TAR) has, in the regulations of the Italian Republic, an organ of administrative jurisdictionThe court is competent to judge on appeals lodged against the administrative acts, by individuals believed to be affected (in a manner not in accordance with the legal system) in their own legitimate interest. It is administrative courts of first instance, whose rulings may be appealed before the Council of State. For the same reason, it is the only type of judiciary special to provide only two degrees of judgment. The establishment of administrative tribunals of the first instance in the constituency in the region, is envisaged by the constitution (art.), but it was made only with the law of the six December no, after the disappearance of the jurisdiction of the provincial authorities administrative bodies provided by law, twenty - march, n. that they had jurisdiction, in some matters, in respect of acts of municipalities, provinces and other public bodies * the local dimension), declared unconstitutional for lack of a composition suitable to ensure the independence which the Constitution considers fundamental requirement for every type of judge. The law, however, is not limited to bridging the gap created in the sort, due to the effect of such a declaration of unconstitutionality, establishing courts, a jurisdiction limited in relation to entities and to the materials, but has generalized the double degree in administrative jurisdiction. On any act of any public authority (including the state), judges now in the first instance, the TAR (Regional Administrative Court), while the Council of State (which, until the establishment of the regional courts considered that, normally in a single instance) is called upon to rule only on appeal. The TAR are the winds, with the constituency corresponding to the territory of the relevant region, and are based in the regional capital. In some regions such as Lombardy, Emilia-Romagna, Lazio, Abruzzo, Campania, Puglia, Calabria, Sicily, there are detached sections. Lazio are also set up three sections in Rome, with the skills of a particular importance. In Trentino-Alto Adige is set by the regional Court of administrative justice (TRGA), with an 'independent section' independent Bolzano. Each TAR are assigned a president and not less than five judges, administrative, and denominated, according to their length of service, 'referendum', 'early referendum', 'counselors'. The decisions are taken with the participation of three judges. The sphere of competence of each TAR includes appeals aimed against the acts of agencies or bodies whose sphere of action is carried out exclusively at the regional level (for example municipalities, provinces, and region or to the prefects or other peripheral organs of the state), as well as the claims related to acts of the central bodies of the State and of public bodies ultraregionali, as long as the effects of the act are territorially limited to the jurisdiction of the TAR. For the acts the effects of which are not restricted in this way, it is competent, in the case of acts issued by bodies ultraregionali, the TAR of the region where the head office of the institution. The Lazio regional administrative court is also competent for disputes relating to acts originating from a state administration having competence to ultra-regional (with the exception of the acts of the Authority for electricity and gas, for which the competence is the responsibility of the regional administrative court of Lombardy). In general, the jurisdiction of the TAR concerning the legitimacy (i.e, compliance or not legal rules) acts detrimental to legitimate interests, but in exceptional cases regard also to the merits (i.e. assessments of the opportunity of the administrative action).
In some subjects, the most important is constituted by the public the use, in limited cases, still required by law) such jurisdiction, in addition to a legitimate interest (positions of the individual, protected by the law as coincident with a general public interest), it extends to subjective rights (the positions secured in a manner directed towards other subjects, who have an obligation to ensure the immediate enjoyment of the right itself), that cognition is normally removed from the administrative judge, and reserved to the ordinary courts (court, etc). of legislative decree three February, no, as amended by art. eighteen of the D Lgs.
twenty-nine October, no, the matter of public employment was removed from the cognition of the administrative court and referred to that of the ordinary courts, except for disputes in the field of insolvency procedures, as well as, in place of exclusive jurisdiction, for those concerning certain categories, so-called non - contract, which include the magistrates, the military, the police, the prefects, diplomats and university lecturers. The bringing of the appeal does not suspend the effects of the measure (so that the administration may lead to the execution, even involuntarily, the claims that flow from them: for example, to continue the employment of a property, or to perform directly, at the expense of the party concerned, the services ordered to the latter) however, if the execution is likely to cause serious damage and sunk (i.e. not recoverable), the court, on application by the applicant, may dispose promptly of the suspension. The deadline for the appeal is rather short-lived: the party aggrieved in a legal interest shall notify the appeal to the authority which has issued the measure within sixty days (but there are shorter terms for the special rites) from the date on which the decision was communicated or, at any rate, had knowledge. The appeal must be notified, within the same term, with at least one other party (i.e.
to a person who might suffer a prejudice from the admission of the appeal: for example, the winner of a public competition where it asks for the cancellation).
With its decision, the court considers it established the appeal, cancel the contested decision, the administrative authority shall comply with the criteria laid down in the judgments of the administrative court shall be immediately enforceable and the purchase value of the thing judged: to the actual case decided cannot be deduced in another judgment, where, within sixty days from the notification of the decision was not appealed.
The decisions and ordinances of the TAR can be appealed before the State Council. Those of the Tar in Sicily, instead, in front of the Council of administrative justice for the Sicilian Region (an organ, as foreseen in the Statute of the sicilian, which acts as a separate section of the Council of State).
