Brevi note sul potere di autotutela ‘‘tardivo’’

[Autom. eng. transl.] According to the Council of State, the power of ex officio cancellation can be exercised even after the expiry of the eighteen-month term provided for by art. 21 nonies, l. 241/1990, if it is the consequence of attestations or representations that do not correspond to the truth, maliciously produced to the administration by the interested party, regardless of the definitive ascertainment of the crime of forgery. In the absence of a clear legal basis, this jurisprudential orientation is admittedly based on fairness requirements, but is nevertheless a harbinger of some systematic inconsistencies.