Checklist: what to check before filing an appeal against administrative silence

Verify that the silence constitutes a failure to act (silenzio-inadempimento) and not a deemed refusal or implied consent. If a tacit decision of acceptance or refusal exists, an appeal under Art. 117 c.p.a. is inadmissible.

Ensure that no more than one year has elapsed since the expiration of the deadline for concluding the administrative procedure. Exceeding this limit results in the forfeiture of the right of action under Art. 31 c.p.a.

Ensure that the appeal has been served on at least one counter-interested party. Failure to do so renders the appeal inadmissible pursuant to Art. 117, paragraph 1, c.p.a.

Confirm that the Public Administration is still under a legal obligation to act pursuant to Art. 2 of Law 241/1990. Without a duty to act, the court cannot declare the inertia unlawful.

Verify that you have not requested the court to rule on the merits of the claim where discretionary powers have not yet been exercised. Such a request would be inadmissible, as the court cannot substitute itself for the Public Administration.

Check the accurate identification of the competent T.A.R. as well as the details of the parties and counsel. Errors in this section may jeopardize the regularity of the filing or the correct initiation of the proceedings.

Ensure that the administration has not issued a late decision prior to filing. If an express measure has been adopted, the interest in taking action against the silence ceases to exist.

Verify the presence of counsel's digital signature and the inclusion of all attachments referenced in the document. The absence of a signature or proof of service prevents the appeal from producing procedural effects.