ADMINISTRATIVE | Administrative Procedure Reformed

Law Decree No. 19 of 19 February 2026 introduces several significant changes to administrative proceedings. First, the reform of tacit consent codifies the jurisprudential approach according to which tacit consent may also arise in relation to applications that do not fully comply with the substantive rules, provided that the application is received by the competent administration and contains the essential elements necessary to identify the subject matter and grounds of the request. Significant amendments also concern the conference of services. The ordinary time limit is reduced from 45 to 30 days, while the time limit applicable to administrations responsible for safeguarding sensitive interests is reduced from 90 to 60 days. Lastly, further innovations affect extraordinary appeals, for which the formal decision is no longer adopted by the President of the Republic, but by the President of the Council of State. The reform therefore emphasises the quasi-judicial nature of the remedy, consistently with the evolution already initiated by Law No. 69/2009.

Newsletter n. 116 – March 2026