Administrative Law
When the counterparty is the Public Administration

Conflicts with Public Administration entities can be very destabilizing due to their complexity. PFL supports clients through the entire legal process – defending their interests and rights.

Our team can advise clients on all matters related to Administrative Law – including filings and appeals to Regional Administrative Tribunals (TAR). PFL has a team of specialized administrative law lawyers specialized in these types of matters.

What does an Administrative Law Lawyer do?

Administrative law lawyers provide counsel on conflicts involving Public Administrations such as Municipalities, Provinces, Regions, etc.
When problems with public administrations arise (such as a lack of authorization from a Municipality) our team provides the counsel necessary to confront the situation and, if required, to file any appeals.

Our Services

There is a vast array of administrative law challenges which one may need to confront. Our PFL team has an established experience providing counsel to clients in the following areas:

Regional Administrative Court Appeals

It is possible for private individuals to file appeals before their local Regional Administrative Court (TAR in Italian) by themselves if they believe that they have been damaged by the actions of any public administration. However, doing this without any assistance from a legal professional is not advisable.
Making appeals to Regional Administrative Courts requires collecting and delivering a wealth of documentation in a short space of time. A private individual who has no legal training and may be unaccustomed to dealing with Italian bureaucracy may be at a higher risk of making an error and in the process may lose their right to appeal.

State Council Appeals

If a Regional Administrative Court appeal is not successful, then a private individual may challenge the ruling and make a new appeal in the second instance. However, at this point the presence of a lawyer becomes mandatory as the matter will be presented to the Italian Council of State (CDS in Italian).

Briefs pursuant to Article 18

The PFL administrative law team analyzes and prepares defense briefs according to Article 18 – which stipulates that written defenses must be filed within 30 days.
These legal briefs are used to exclude or to contextualize the liability situation and to eliminate or reduce the amount of any potential penalty. In certain instances, these legal briefs must be accompanied by written testimonies of witnesses, which must be signed and authenticated.

Precautionary request appeals

Precautionary request appeals are provisional proceedings designed to clarify specific situations. The goal is to prevent external factors from irreparably impacting any future court rulings.
In order for an appeal request to be accepted, it requires immediate action as a delay could be detrimental in some way ( periculum in mora ) and there could also be a likelihood of success ( fumus boni iuris ).

Self-defense appeals

If a private individual believes that a Public Administration has made an error to their detriment (for example issuing an unjust fine) then before making an appeal one must first report the matter to the entity that has committed the error and allow them time to rectify it before going to court. It will be up to the Public Administration entity to decide if they will accept the merits of a claim or if they will deny it.
Technically, individuals can file appeals directly to public administration entities. However, an administrative law lawyer has the knowledge and skill to better understand if the conditions are present for an appeal to likely be accepted. The PFL Administrative law team also, when required, has the capability to defend their clients in Regional Administrative Courts around Italy.

About Us

A human approach to the practice of law – working closely in partnership with clients from start to finish.

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PFL works closely with clients in every situation, supporting them with professionals who provide counsel on numerous specialized areas of law.