Riflessioni sul danno da ritardo “puro” e il danno da ritardo “meramente procedimentale”, alla luce del codice del processo amministrativo e della legge n.69/2009

Starting from the criticism of the objections that the scholars and the case-law less recent have expressed against the admissibility of the responsibility coming from a legal act of the public Administration, hereby we want to demonstrate, also in the light of the last regulative interventions, the refundability for damages caused by the violation of the rules about the times of conclusion of administrative action. More particularly, on the juridical assumption of the entrusting of private citizen to the certainty of times of administrative action, we can assert that the Administration in bound to pay an indemnity coming from the adoption of a tardy measure, also in the cases in which such a measure is legitimate.