Sull’ineffettività dell’istanza di prelievo quale rimedio preventivo all’irragionevole durata del processo amministrativo

In the commented judgment, the Constitutional Court considered the question of constitutional legitimacy of art. 2, paragraph 1, l. 89/2001 to be unfounded, in so far as it provides for the inadmissibility of the request for fair compensation due to the excessive duration of a trial in the case of failure to file a request for a withdrawal in the presumed administrative judgment, raised with reference to art. 117, paragraph 1 of the Constitution in relation to articles 6, par. 1, and 13 ECHR. The solution reached by the Constitutional Court appears doubtful to be shared, mainly in the light of the regulation of the request for a withdrawal in the Code of Administrative Procedure, as well as the interpretation of articles 6, par. 1, and 13 ECHR by the European Court of Human Rights.