Suspension of the time-limits in administrative proceedings - Decree Law of 17 March 2020, No. 18 ( the "Cura Italia" Decree)

Undertakings, Intermediaries, Other

Decree Law 18/2020 (the 'Cura Italia' Decree), published in the Gazzetta Ufficiale no. 70 of 17 March 2020, among other things suspended the deadlines for administrative proceedings pending as at 23 February 2020 or initiated after that date.

According to Article 103(1) of the Decree Law , 'For the purposes of calculating the deadlines (non-mandatory or peremptory, preparatory, infra-proceeding, final and executive) pertaining to administrative procedures brought upon application of a party or ex officio, pending as at 23 February 2020 or initiated after that date, the period between the same date and that of 15 April, 2020 is not taken into account. The public administration shall adopt every organizational measure suitable to ensure, in any case, that the proceedings are of reasonable length and rapidly conclusion, with priority given to those that are deemed urgent, based also on the reasoned applications of the interested parties. The time periods for the public administration to express its will in the form of silence as provided for by law are extended or deferred for the corresponding lengths of time.'

The provision applies to administrative proceedings or to the phases of administrative proceedings governed by national law under the authority of IVASS, the deadlines for which are therefore suspended by law from 23 February to 15 April 2020.

IVASS, in line with the above provision, has adopted organizational measures capable of ensuring that the principles of the efficiency, efficacy and reasonable length of administrative proceedings are in any case ensured, with particular regard to those which are deemed urgent, including taking into account the rights of the interested parties.

issue date
24 March 2020