Cassation court dismisses admissibility of constitutional question regarding administrative delay remedy and remands case.
Sintesi Legislator
Generato dall'IAThe Court of Cassation dismissed the admissibility of a constitutional question raised by the applicant against an appellate order rejecting a claim for equitable compensation due to excessive administrative delay. The applicant argued that the law requiring a preliminary pre-removal request before claiming delay compensation violated constitutional rights and the European Convention on Human Rights. The court determined that the specific conditions for declaring a constitutional question admissible were not met, as the applicant failed to demonstrate the requisite relevance and non-manifestly unfounded nature of the issue.
Regesto Legislator
Generato dall'IAArt. 2, comma 1; Art. 1-ter, comma 3, legge n. 89/2001; Art. 375, comma 1, n. 5, c.p.c.: The Court of Cassation does not declare a constitutional question admissible if the applicant fails to prove its relevance and that it is not manifestly unfounded.