The news of rejection notice

Abstract

The framework of the institute of communication regarding the reasons impeding the acceptance of the petition has been subject to changes and additions by the D.L. July the 16th 2020, n. 76, on "Urgent measures for the simplification and digital innovation", converted by law September the 11th 2020, n. 120. It goes to affect several profiles: it replaces the term interruption with suspension with the aim of favoring the concentration of procedural times; it clarifies that art. 21-octies, paragraph 2, of the law no. 241/1990 does not apply to the notice of negative order (article 12, paragraph 1, letter i); strengthens the motivational obligation that burdens the proceeding administration, now extended to the additional grounds for refusal arising from the observations submitted by the applicant who received the notice of refusal; it affects the margins of assessment of the administration in the event of re-issuing of power following the annulment by the court. This contribution, starting from the analysis of the individual aspects of the reform, aims to verify whether the changes made to art. 10-bis have effectively solved those critical issues that have emerged over time and whether or not the desired simplification intentions have been achieved. The conclusion we reached leads us to believe that the reform has only partially solved some of the previous problems, leaving old questions still open. In particular, the reform does not seem to have succeeded in its intent to limit the re-exercise of administrative power after the annulment of the rejection order by the administrative court.