Compulsory annulment, entrustment and 12-month time limit

Abstract

It remains firm, that the Public Administration, in exercising the power of ex officio annulment, must still respect the principle of proportionality, which requires it to weigh the public interest against the different positions of the private individuals concerned. The power of public authorities to withdraw the unlawful administrative decision, i san exception of the principle of prohibition of aedere contra factum proprium. The term of 18 months - established by art. 21-nonies of Italian administrative procedure act has been reduced to 12 months. This modification constitutes an essential development of Italian administrative system, strengthening the supremacy of law and protection of legitimate expectations. Public authorities must respect the principle of proportionality which implies the reasonable balance between the public interest and the conflicting positions of the private individuals concerned