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Regulation of jurisdiction

  • 20/12/2021

The United Chambers of the Court of Cassation, with sentence n. 36373 on 24th November, 2021, expresses their opinion regarding the request for compensation for damages deriving from the illegitimate exercise of legislative power, which is the damages deriving from the preparation, presentation or failure to modify a legislative act.

The Court ruled that this request doesn’t concern an absolute lack of jurisdiction because it does not concern disputes directly concerning the attributions of other powers of the State or of other legal systems. The request, in fact, pertains to the proper exercise of a subjective right with claim for compensation pursuant to art. 2043 of the Italian Civil Code.

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