Tutele contro il difetto di provvedimento amministrativo

The matter being under inquiring is the systematic organization of the action of fulfillment as disciplined by the d. lgs. (legislative decree) July 2010 n. 104. As the joint provision at articles 31, paragraphs 3 and 34, paragraph 1 letter c) c.p.a. (code of administrative procedure), allows to propose the “condemnation” of the issuance of the requested measure, limited by art. 31, paragraph 3, concomitantly to the action of annulment of the negative act or the action upon silence, it has been clarified the nature of the denial of the favourable measure required by a private citizen and so the appeal of the negative measure, which does not look like a real constitutive act but dimly declaring the in-correct execution of the execution of the obligation of judgment. At this point, it has been taken into consideration whether the action of execution following art. 31, paragraph 3 and 34, paragraph 1, letter c c.p.a. (code of administrative trial) may be considered as a “condemnation” or ...