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PRINCIPLE DANGEROUS!

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illegal occupation of public housing - the state of necessity - Housing rights - None [art. 54 Criminal Code, art. 2 of the Constitution]
not constitute the crime of illegal occupation of public housing if the offense is committed in need.
The "serious harm to the person" necessary to ensure viability of the outcome of Article. 54 cp, occurs not only in the case of direct injury of life or physical integrity of the subject, but also in the case of indirect injuries: the lack of housing is a case of indirect infringement of physical integrity, and the right of housing is a primary right of a person pursuant to Art. 2 Cost of ..

Comment & Partners Law Firm Giliberti : The Supreme Court introduced a principle certainly commendable from the standpoint of social and human but unquestionably dangerous from the standpoint of law enforcement public. In this preliminary point of law is the prevalence of the right of residence as of constitutional significance, even if in the opinion of scivente art. 2 of the Constitution speaks generically of "inalienable human rights " by reference " compelling performance of duties of political solidarity, economic and social . It is clear the use of interpretation broad construction of constitutional law but goes against a clear authority that " the state of need can be assessed for the quantification of the sentence and the granting of extenuating circumstances, but does not justify the application of the outcome of state of necessity (section IV 85/169364), for whose existence is requires a rigorous relationship between the action and the inevitability of the danger of serious harm to the person, because it is not permissible to make up the state of need by the Boards of crime ".

Supreme Court Judgement

SECTION II FEES 27 June to 26 September 2007, n. 35580
(President Morelli - Rapporteur Zappia)
Reasons for Decision

By decision of the Court of Rome condemned 02/04/2005 DG, granted extenuating circumstances, the penalty of a fine of € 600.00, having held responsible for the crime of illegal occupation of property owned dell'Iacp. With 1 .12.2006 ruling the Court of Appeal upheld the decision of Rome impugnata.Avverso that case the defendant proposes appeal alleging a violation of the law in several profili.Col first ground of appeal the appellant alleges infringement of Article. 606, co. 1 bed. d) and e), noting cpp lack of motivation in respect of the first and third grounds of the appeal proposal, and the nature of those reasons only apparent in connection with the substantive issues raised, and also notes the failure to take decisive evidence required pursuant to art. 603 cppOsserva including the applicant that the Court of Appeals had ruled the state of necessity raised by it in connection with the defendant contested occupation of property, without carrying out any specific investigation as to the actual conditions of the defendant, the need for protection of minor children , threatened physical integrity of self, the transitional nature of the action absolutely to social services, and also notes that the Court said no he was absolutely justified in order to rejection of the request for a new hearing of the wellheads Rita (PG working. who performed the inspection), which would have allowed a full examination of the individual case. As its second ground of appeal the appellant alleges infringement of Article. 606, co. 1 bed. b) and e), cpp noting the inconsistency in the reasoning in the non-application of Article. 54 cp, at least in relation to art. 59 of that particular codice.In the applicant points out that the Territorial Court had not adequately assessed the existence of the state of necessity, relevant not only with respect to housing rights, but also with reference to the law to safeguard child health, a fundamental right protected by the Constitution, not being able to omit to point out that the state of danger to the applicant and his son was not attributable to conduct the same references, it was not otherwise avoidable not having the opportunity to question any apply to the free market housing, and that the offense was committed was in proportion to the danger that the same was intended to avoid. And he concluded by highlighting that, although in this case the existence of the state of necessity could not be established with certainty because of the lack objective nell'istruttoria hearing, but she could not reasonably be excluded, so that was imposed by the cancellation of 'appeal sentenza.Il action the Board considers fondato.Sul point of having to first show that, in determining whether the outcome of the state of necessity under Article. 54 Criminal Code, under the concept of "serious harm to the person" not only of violating the life or physical integrity, but also those situations that threaten the sphere of fundamental human rights, in accordance with the provision contained in art. 2 of the Constitution, and therefore fall within that provision also indirectly only those situations that threaten the physical integrity of the subject as they relate to the sphere of primary goods related to personality, including the right to housing must be recompressed as the 'need Housing is one of the basic needs of persona.Tale broad interpretation of the concept of serious harm to the person makes, however, as evidenced by this Court (Court of Cassation, sez. II, 03/19/2003 No 24 290), that "more careful and penetrating the judicial investigation should be directed to limit their scope to cases where the outcome is indisputable the evidence of the same - the need and inevitability - they can not be compressed the rights of third parties except in exceptional circumstances clearly substantiated ". In the present case was however completely omitted any investigation is to verify the actual condition of the defendant, the need for protection of minor children, the threat physical integrity of self, both in order to verify the existence of objective requirements in terms of necessity and inevitability that, together with other information required by art. 54 cp, support the view that there ESA parola.Alla way as the above, it requires annul the contested decision, that decision remained absorbed in the additional findings submitted by the applicant, referring to new trial to another section of Court of Appeal of Rome. PQM

The Court annuls the contested decision and refers to new trial to another Section of the Court of Appeal of Rome.

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CASSAZIONE: WHO COULD NOT STOP THE CELL TO THE POST OF BLOCK

(AGI) - Rome, October 1 - Can 'go to jail for resisting a public officer who does not stop at a checkpoint and the Carabinieri, riding a scooter, is to' escape to the high-speed 'to be missed by the police. Stressed in the Supreme Court, reversing a court ruling in 2005 by the magistrate of the Court of Palermo, which had declared the case dismissed against a twenty-year old boy at the time "because 'the fact there is." The defendant was accused of failing to comply, while he was driving his moped, high intimatogli Carabinieri with scoop of order. The boy, according to the indictment, then fled the scene was "very high-speed 'through the narrow streets of the historic center, putting' endanger the safety 'of the military and road users. "The judge for preliminary investigations had not felt to be discernible in the conduct to the extremes of the resistance, given that the accused had not been participating in its view, no 'activities' threatening or violent against the military. The crime, according to the court, it would be apparent if, instead, the boy "to force the checkpoint, the vehicle had directed against the military police who wanted to stop it." Against this decision was appealed to the public prosecutor in Palermo, Sicily, according to which the crime of resistance, to be configurable, does not require violence or the threat is necessarily directed against the public Journal. Of the same opinion, the Supreme Court (Sixth Criminal Chamber, Judgement n.35826), which upheld the appeal by the prosecutor. "To incorporate the material element of the crime in question - explain stoats - and 'sufficient force or the threat of so-called improper and can' be carried out even on someone other than the public official or working on things and that includes any conduct liable to prevent, hinder or frustrate the explication of his public office. " .

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LAW AND BUSINESS: REPORT OF THE INDUSTRIAL DISTRICT SOLOFRA (AV)

The industrial district of tanning, a myriad of small and medium-sized manufacturing companies in the textile industry (processing of hides ovo-goats) in the heart of Green Irpinia, pour in a state of anguish! Are continuing at a pace now incessant redundancy, mobility, insolvency and bankruptcy! The economy of the district is showing all the signs of an irreversible structural crisis. The workers and small and medium-sized companies in the sector are paying a price unprecedented in terms of competition and tax burden, inspections, costs of production and purification. An entrepreneurial culture often marked by little sense of law (usury, exploitation of illegal labor, environmental pollution and non-compliance with safety and hygiene at work) and an unrestrained use of legal instruments typical of the payment (Checks, bills and other bonds) or the establishment and operation of the (system of Chinese boxes, dummy, limited liability companies, tax offenses). A dark picture but also shows the reality of excellence and healthy companies that are in the market for years and even in obvious difficulty, for the competition of foreign products and the existence of a number of socio-political and environmental causes is now endemic, resist and hold high the name of the Made in Italy. From the perspective of legal-economic factors typical of the weakness can be summed up in a district with little recourse to forms of cooperation and merger between companies, a credit system composed of very large financial groups often remote from local needs (Banca della Campania, Napoli Banco di San Paolo-IMI, Monte Paschi di Siena Bank Tower Graco lenders are permanently present in the municipal area), services to small and medium-sized companies mainly relied on professionals from outside companies, lack of a business center that can coordinate the district system, there are facts on paper.

forms of formal business mainly used and the replacement of a partnership, corporation or individual firms belonging to dummy, or at best in people called "clean" (Srl, a single member, Companies fictitious individual) imply a low risk appetite and business debts of past situations with workers, suppliers, public bodies or public importance, and lenders. In this situation the world faces the legal profession along with businesses and workers from the risks of an economic system that sees much-needed comprehensive reform of its rules and above all from the legal point of view!

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THE BULLYING IS NOT 'CRIME

Bullying is not an offense to which our penal code. So who unfortunately stumbled into bullying in the workplace, can only pursue a civil suit and seek damages. And 'what explains the Supreme Court (Fifth Chamber criminal sentence n.33624) confirming the decision of the preliminary hearing judge in Santa Maria Capua Vetere he had pronounced the case dismissed against a principal. The head teacher had been accused by a teacher of "serious personal injury due to voluntary permanent weakening of the organ mental function, "essentially bullying. The judge, however, had found" untenable "the argument, expressed by the prosecution and the expert, noting that it was not possible to identify an act which fell within the causes of the illness of the teacher. Against this ruling, the prosecutor and the injured party had turned to the Supreme Court, which, however, rejected the appeals. "With the concept of bullying - explain the Judges of the Supreme Court - can be identified through case concerns conduct that extends over time with the characteristics of persecution aimed exclusion of the worker, to consider a real persecutory conduct put in place by the head at work. "Difficult, however, frame the case "in a precise figure incriminating the absence within the Criminal Code this typification." The figure is closer to the connotations of crime characterizing bullying is explained in the ruling, "is described in Article 572 Criminal Code (abuse) committed by a person with authority for the exercise of a profession." In this case, the Supreme Court has therefore considered the correct and comprehensive justification given by the preliminary hearing judge, as "there is no vision - emphasizing the courts - what action could be considered illegal and causative of the disease by the teacher." Here is the full text of the Supreme Court:

Supreme Court - Decision No. 33624/2007
Studio Legale Giliberti

ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSAZIONE
Fifth Criminal Division
gives the following Judgement on the appeal brought by the plaintiff Iliana C. and the Public Prosecutor in Santa Maria Capua Vetere against the decision not to prosecute made by the judge for the preliminary hearing at the Court of Santa Maria Capua Vetere on 03.11.2006 against Joseph N. DE
Having heard the report carried out by the Cons. Gian Giacomo Sandrelli
heard the indictment of the Prosecutor General in the person of Cons. Joseph Febbraro concluded that the Court should reject appeals dej
in fact. They use
against the decision not to prosecute made by the Magistrate at the Court of 5. Maria Capua Vetere in the trial of Joseph N. DE both the PM. both the Civil Iliana C. , Both claiming to be the misapplication of the criminal law is the lack of motivation. The story concerns a long-standing quarrel between the prof. Iliana C. , Special education teacher at the Art Institute of San Leucio, and the school principal Joseph N. DE Which resulted in administrative litigation and, then, criminal. The indictment alleges in the present proceeding is voluntary serious injury because of the weakening permanent organ of the psychic function, behavior, essentially due, as expressed the parties in the conduct of harassment
The court ruling has made it essentially liberating feeling "unsustainable" thesis (expressed by CT.) fall within the concept of a lesion of the mere change in the mood to wait very common and transient nature and difficulty in identifying a measure to link eziologicamte disease.
Law
1) Both private parties and the judges call for the current event, the conduct of harassment. With the notion (that has emerged in judicial experience gliuslavoristica) of bullying can be identified through case concerns conduct that extends over a period of persecution with features aimed at 'exclusion of worker, to set up a real persecutory conduct put in place by the head at work.
The difficulty of framing the situation in a precise figure incriminating the absence within the Criminal Code this typification is derived - in this case - the erroneous context of the crime to the PM. The act of blaming is absolutely unable to describe the features of the action complained of.
supposed bullying conduct by a single act not so harmful, but a deliberate repetition of a number of attitudes even if not individually marked by criminal law, both converging to express the subject's active hostility toward the victim both in the effective ability to isolate and mortifying in the employee 'working environment.
Accordingly, the proof of its responsibility "must happen, the overall assessment of the episodes relied on as legal proceedings that can be proved detrimental to the systematic nature and duration of time, its objective characteristics of persecution and discrimination, specifically resulting from connotations emulator and pretentious "(see Cass. Civ., Sec. L, 6.2006, Meneghello / Uniedit Spa).
2) E 'port jurisprudence of this Court that an offense more next to the connotations that characterize the album. , Bullying is described art. Cp 572, committed by a person with authority for the exercise of a profession: it refers, in this sense, a factual situation comparable legally - in abstract line - with this Cass., Sec. VI, 22.1.2001, Grass.
If you accept that interpretation, it is clear that only the hypothesis dell'aggravante of that specific provision, it requires the identification of the pathological consequences due to illegal acts.
3) If this is the premise of law (cited by the parties in their appeals and the trial judge in the contested decision) can not be seen - in the protest made by the prosecution to the DE N. what action could considered illegal and causative of the disease of C. . There is no evidence - so - illogical observation of the judge who laments the absence of identification of the tortious acts, each of which is hardly capable of dealing with disease highlighted the disease itself is not characterized by results that can be allocated chronologically - with security - and with its onset , thus highlighting the author of the tort action and the circumstances affecting modal).
On the other hand, in the absence even of a continuing prospects of (the conduct is, however, disputed "until April 2003" without reference to Article. 81 para. Cp), is recognizably the very difficult relationship in art. 40 cp of a single injury or one ye say defamatory or intimidation (whose contours remain obscure, it is not absolutely specified nell'addebito the claim). The same appeal documents recall the number of hostile gestures, without, however, there is an indication of the same (if not unduly broken) in the formal accusation. It is therefore recognizably given the parameters of frequency and durability of hostile actions carried out by the active subject of personal injury, to assess their overall persecution and discriminatory character.
4) Neglecting already made with regard to the assessment of evidence, contrary to the opinion legitimacy of the complaints are unfounded because demand put forward by the GIP to consider a "recurrence" of pipelines, does not fully challenged, also referred to actions in themselves without directly affecting the integrity of the potential victim (such as insults, slander, etc..) or no evidence of objectively demonstrable results. For this reason, no notes or lack of motivation or lack of logic, given the radical insufficiency of the complaint to contain possible developments in hearing of the charge (well it could have, already in the preliminary hearing, the PM. To carry out more appropriate dispute) and possible to develop a compendium of evidence art. 422 cpp, mainly based on burden of accusation. The appeals are rejected, as follows from the condemnation of the plaintiff to pay the costs. PQM

rejects and condemns the actions the plaintiff to pay the costs. > P> Filed in the Registry on 29.08.2007

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ADUSBEF Bankitalia A: DOWN 'THE HANDS OF THE LAW OF WEAR! TAR OF THE VENETO

" The credit system, to be even more effective in combating the phenomenon wear, should "go back to reflect on the desirability of establishing an administrative bank rate threshold". In support thereof, at a hearing in the Senate, the vice general manager of Bank of Italy, Giovanni Carosio. And 'yet another outrageous stroke of a pen, once again required by the Bank of Italy to remedy the scandalous behavior of the banks which, despite the law 108/96 which imposes limits beyond which the loan becomes usurious, rates have continued to practice exaggerated the current account plus the maximum overdraft fee more than doubled quarterly. Law 108/96 was approved by the center-left government after a long mobilization of citizens and small business owners "strangled by the banks, led dall'Adusbef, he did submit a text mediated by French law in the House and Senate, groped to curb the excessive power of lenders in addition to the rates charged on loans and bank loans, practiced the compound interest (capitalized quarterly), with an increase in the CSM (overdraft) that in some cases doubled the rates applicati.I rate threshold, contrary to the assertions of Bank of Italy with the aim to save again, "bankers friends" investigated by public prosecutors for the crime of usury, have distorting effects on the credit market, but the picture of interest rates, by type loan, charged by banks in the quarter preceding the survey increased by fifty percent, for example if the average loans for the transfer of salary is 20 per cent in October-December quarter, the rate not to exceed the threshold January-March quarter is 30 per cent. But Bank of Italy, is not outrageous charge rates of 20 percent ultra-guaranteed loans with zero pain, such as the transfer of salary, compared to the ECB rate of 3.75 percent, which bring millions of families at risk of insolvency it is not-able proofs that Italian banks do the "peak rate", practicing wise than the 2.25 per cent on consumer credit and of 0.80 percent more than the borrowers than the European average, but it is regrettable that the law requires you to monitor those rates! The perverse and scandalous, are not the mechanisms of the law 108/96 that "would preclude access to credit to marginal customers pushing it into the hands of loan sharks, "but defended the office of a bank by the Bank of Italy, but that would have a duty to ensure compliance with the law but that it is deployed, even worse that the administration Fazio, in favor of 'function of a banking system expensive, inefficient, abusive and arrogant. It would be tragic for a center-left government to accommodate, once again, the wishes of the banks and a Bank of Italy, which should at least be charged for the crime of aiding and abetting aggravated and continued to the banks and against the general interests of consumers and the country.

Elio Lannutti (President Adusbef) Rome, 28/03/2007

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TAR VENETO, SEZ. I - August 27, 2007 No decision 2786 - Pres Amoroso, East Rocco - Artini (on his own and Mr. Cacciavillani) c. Municipality of Padova (represented by De Simoni, Montobbio, Embers, Lotto, Bernardi, Bicocca and Munari) and Bonomo (n) - (accept the limits set out in the grounds and cancels the only forms attached to the measure adopted by the Mayor of Padua, and ordered its correction in accordance with the same sentence).

ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
The Regional Administrative Court of Veneto, the first section, with the intervention of the Lords:
Bruno Amoroso President
Italo Franco
Councillor Fulvio Rocco Advisor, extenders has
gives the following Judgement


RG 257/2007 on the application brought by the lawyer. Giovanni Artini, represented and defended themselves and by the lawyer. Ivone Cacciavillani, with domicile in Venice at the Secretariat of the Chamber, to 'the meaning and effect of art. 35 TU approved June 26, 1924 RD No 1054,

against the City of Padua, in the person of the mayor pro tempore, set up in court, represented and defended by the lawyer. Carlo De Simoni, Avv. Alessandra Montobbio, Avv. Vincenzo Embers, by. Marina Lot, Avv. Paolo Bernardi, Avv. Alberto Bicocca and Avv. Paolo Munari, all Civic Advocacy, with domicile in Venice at the Secretariat of the Chamber, to 'the meaning and effect of art. 35 TU approved June 26, 1924 RD No 1054, and against

Stefano Bonomo, formed not in court for the annulment

the resolution of the City Council of Padua No 108 dd. December 4, 2006, entitled: "motion in support of granting rights to people living in non-marital cohabitation", as it can recognize content provvedimentale; the decision of the Mayor of Padua Prot No 30125 dd. 1 February 2007 where - among others - have the officers of the Registry shall ensure the release, on the conditions listed therein, the "certificate of register in the population as a registered family consists of people cohabiting linked by bonds of affection"; Annexes of the measure, represented by the modules and appendages - in particular - from the pitch prepared for the declaration of the applicants in so which is entitled to seek and obtain the certificate aforesaid persons "residing or applying for residence in Padua."
Since the action with its annexes, notified 9 February 2007 and filed February 10, 2007;
seen the entry of appearance in court of the City of Padua
considering the pleadings submitted by the parties;
having regard to all acts of cause ;
heard in public hearing on July 5, 2007 (rapporteur Councillor Fulvio Rocco) Attorney. I. Cacciavillani for the applicant and Att. A. Montobbio for the city of Padua
held in fact and law considered in the following.
FACT AND LAW
1.1. The city council of Padua, after illustration of a report by the Director Alessandro Zan, approved Resolution No. 108 dd. December 4, 2006 (found 36 out of 40 advisers, 26 in favor, seven against, abstentions 1, 2 not voting), as follows: "Whereas: I. The task of this administration and the government is to make a coherent and organic to the family as defined by art. 29 of the Constitution: "The Republic recognizes the rights of the family as a natural society founded on marriage"; II. The task of this administration and the government should guarantee the civil and social rights (such as enshrined in Articles 2 and 3 of the Constitution), without discriminating against those who entrust their life projects in different forms of cohabitation whether between persons of different sex or same sex; III. The recognition of such rights is not intended to modify or alter the recognition and importance of the family founded on marriage. Given that L. No 24 December 1954 1228, "Order master of the resident population," art. 1 provides that the registers of the resident population must be kept recording "positions in respect of individuals, families and persons", the Presidential Decree No 30 May 1989 223 of the Regulations of the said law, art. 1 specifies that "The Registry is made up of individual records, family and co-existence." Pointed out that Article. 4 of that Regulation implementation, entitled "Family registry", "recognizes that the effects master, for family is a collection of individuals linked by bonds of marriage, kinship, affinity, adoption, guardianship or emotional bonds, cohabiting and having their usual residence in the same common. " Since the art. 33 in the City Council determines that the registrant is required to issue certificates relating to personal status and family than any other position can be deduced from the file master "can be attested or certified, if there are overriding public interest or special needs, from ' official registry of order of the Mayor, the Mayor and commits the City Council: A) to instruct the Register Office, to release personal data to families who request them, pursuant to art. 33, paragraph 2 of Decree 30 May 1989 (No. 223) 's "Certificate of registered family based on marriage or ties of kinship or affinity or adoption or guardianship or emotional bonds" (as acknowledged in the art. 4 of that Regulation implementation), as a public declaration of the results of family sheets held under art. 21 DPR 30 May 1989 B) to prepare its forms; c) to urge the Parliament through the Speakers of the House and Senate, to address the issue of legal recognition of rights, duties, and powers to the people that are part of de facto unions ".
1.2. Pursuant to this resolution, the Mayor of Padua has therefore issued the Prot No 30125 dd. February 1, 2007 the Mayor of Padua, as follows" The Mayor, having L. No 24 December 1954 1228 and Articles 4 and 21 of the master Regulation approved by Presidential Decree No 30 May 1989 223; having regard to the motion in support of granting rights to people living in non-marital cohabitation ", which was approved by the City Council on December 4, 2006, provides that delegates anagrafe offices observe the following instructions: 1. When applying for establishment of family registry, the registrar must collect formally charged, in addition to the indication dell'intestatario, the reasons for which the request is made in the art. 4 of that Regulation. 2. In the case of cohabitation for "emotional ties", the request for the establishment of registered family will have to be signed by both interested parties in the presence of the officer in charge of the registry. 3. The members of the family over, separately, the officer may require the registrar will issue a certificate showing what they said according to the form provided: 4. In the case of an application referred to in the preceding article, the registrar, after verification means a statement signed by stakeholders, referred to in paragraph 1) (e) the existence of the state of cohabitation of the interest on the basis of the documentation office, issue the 'certificate of register in which the population consists of people registered family cohabiting linked by bonds of affection, "according to the form provided for that purpose. 5. Where an application referred to in paragraph 3) is made by people who already are a registered family, but for which there is no formally signed the declaration referred to in paragraph 1), the registrant will be responsible for signing interested parties to confirm cohabitation of emotional bonds, together with the request for the report, so you can proceed as provided in paragraph 4 ".
The measure are accompanied by the following text in facsimile form.
1) A model" A ", directed by" The Office of Population Municipality of Padua and with the text specified below: "Subject: creation of new family registry. Under Article. 21 paragraph 2 of Presidential Decree No 30 May 1989 223, the undersigned: Name and Surname ... born on ..., Full Name ... born on ... Residents or applicants for residence in Padova in Via ... because they are linked by ties of: Marriage

□ □ □ Affinity Relationship

□ Adoption
□ □ Protection
Affection
declaring the formation of a new family registry, demanding that the nominee is ... "
At the bottom are spaces for affixing the date of subscription of the respondents and the signing of the 'Official' s Population receiving ", and it seems made therein under the heading" Presidential Decree No 30 May 1989 223 "the following provisions:" Art 4 "family registry": 1. Population effects for family is a collection of individuals linked by bonds of marriage, kinship, affinity, adoption, guardianship or emotional bonds, cohabiting and having their usual residence in the same town. "
"Article 21, paragraph 2: The board of the family shall be issued to the person indicated when the constitution of the family. Dell'intestatario change occurs only in cases of death or transfer."
"The proof of the emotional bonds of family as defined under Article registry. 4 is recognized that the person making the statement at the time of the creation or takeover in the family.
"The statement can not be subject to constant changes of mind, and the bonds are believed to be terminated only with the cessation of cohabitation."
should be noted that underscore just now reported is contained in the form listed above.
2) A model A / 1, to be addressed also "Office of the Commune of Padua" and bearing, in turn, the text specified below: "Re: changes in the composition of the family over. Under Articles. 6:13 DPR 30 May 1989 No. 223, the undersigned, ... ... Full Name as owner of the family over states that have become part of his family the following persons ... ... ... ... "follows, then, the space for the signature (presumably by the declarant) under which the text then continues as follows: "with which it is bound by constraints: Marriage

□ □ □ Affinity Relationship

Adoption
□ □ □ Protection
Affection ".
Here, again, the following statement:" Presidential Decree No 30 May 1989 223. Article 4 "family registry": 1. Population effects for family is a collection of individuals linked by bonds of marriage, kinship, affinity, adoption, guardianship or emotional bonds, cohabiting and having their usual residence in the same town. "
Omission.
" The proof of the emotional bonds of in the definition of family under Article registry. 4 is recognized that the person making the statement at the time of the creation or takeover in the family.
"The statement can not be subject to constant changes of mind, and constraints are believed to be terminated only with the cessation of cohabitation. "
should also be noted that in this case the emphasis just now reported is contained in the form listed above.
followed, then more space for the date, signatures (presumably of family members registry) and the signing of the 'Journal of Population receiver.
3) A Model B / 1, still to be addressed "Office of the Commune of Padua," and with the text specified below: "Subject: Request attesting to register in the population as registered family consists of people cohabiting linked by bonds of affection. The undersigned: Name and Surname ... Born on ..., Full Name ... born on ... ask for the issue of the above pursuant to art. 4 of Presidential Decree No 30 May 1989 223 "Approval of the new Regulation master of the resident population, and in order to declare that there are still the loving ties with the person cohabiting unit property located in Padova, Via No ... ... ".
followed, therefore, the following words:" Presidential Decree No 30 May 1989 223. Article 4 "family registry": 1. Population effects for family is a collection of individuals linked by bonds of marriage, kinship, affinity, adoption, guardianship or emotional bonds, cohabiting and having their usual residence in the same town. "
Omission.
" The proof of the emotional bonds of family as defined under Article registry. 4 is recognized that the person making the statement at the time of the creation or takeover in the family.
"The statement can not be subject to constant changes of mind, and the bonds are believed to be terminated only with the cessation of cohabitation."
It is also in this stated that the case underscores just now reported is contained in the form listed above.
Here are also additional spaces reserved for signatures, and an indication of the references of the two applicants, and the affixing of the date.
4) A ' "Certificate of the register in the population as a registered family consists of people cohabiting linked by bonds of affection" to be issued on letterhead "City of Padua" and bearing the same coat of arms, the same statement is as follows: " The Mayor, having regard to the request for the report presented by Mr. ..., having regard to the Presidential Decree No. 223 May 30, 1989 "Enactment of the new regulation master of the resident population" having regard to official records, certify that the above-mentioned persons are entered in ' Population Population of this town since ... as family over to live together in No Way ... ... because of the existence of emotional bonds declared by them. "
follows the space for signing" the order of the Mayor "on the part of the 'Journal of Population."
2.1. That said, with the inscription in appeal' Mr. Giovanni Artini, residing in the town of Padua and consequently there inscribed in the relevant electoral roll (see self-declaration made respectively by the same applicant to 'Article. 46 Lett. be art. 47 of Presidential Decree No 28 December 2000 . 445: cf. doc.1 of the appellant filed February 10, 2007) seeks the annulment of the resolution of the City Council
of Padua No 108 dd. December 4, 2006, entitled: "motion in support of granting rights to people living in non-marital cohabitation, "pointing out, however that this is, however, ask for what can recognize the same content provvedimentale;
of the order of the Mayor of Padua Prot No 30125 dd. February 1, 2007 where - among others - have the officers of the Registry shall ensure the release, on the conditions listed therein, the "certificate of the local population to register in registered family consists of people cohabiting linked by bonds of affection";
attachments of the measure, represented by the modules and appendages - in particular - from the pitch prepared for the declaration of applicants in so far as legitimate to ask and obtain certification to the mentioned persons "residing or applying for residence in Padua."
The applicant states that the measures challenged by the city administration pursues the aim of setting up boards of family, governed by. 21. PR 223, 1989 and that the municipality the same mean, however, not be using the form specially prepared by the Central Institute of Statistics.
The applicant also states that "local initiative has a strong ideological underpinning that in the current political moment would be the forerunner and trailblazer ..." (see page. 2 of the application of these proceedings). The
Artini thus appears that the function of keeping of registers of the population is reserved to the State by Law No 24 December 1954 1228, that this choice of basis in the ordinary legislator is expressed. 117, paragraph 2, lett. i) of the Constitution as amended by art. 3 of L. October 18, 2001 No Cost 3 (which - precisely - gives the legislative power of the State the matter of citizenship, marital status and age) and that in the keeping of registers of the function of the acting mayor, to 'the meaning of' art. 54, comma 1, lett. a) of the TU approved by Legislative Decree No 18 August 2000 267 as Journal of government, devoid of any power device or modify the directives state.
The applicant submits, therefore, that 'Article. 1 of L. 1228, 1954, in "every town should be kept the registers of the resident population, which must be" recorded positions in respect of individuals, families and partnerships that have set up residence in the town, and that 'meaning art. 43 cc it is identified with the "place where the person has his habitual residence."
The applicant emphasizes also the fundamental importance assumed by the requirement of registered residence in the current marital status del1'ordinamento right of individuals, given that the residence must be notified both the court documents, to 'Article. 139 cpc, both acts recettizi in general, and that arising from the residence itself is the size of the municipality, both assignments of finance subsidiary, is the identification of the home for help.
The applicant states that the Mayor, in implementing the aforesaid resolution of the Board No 108 of 2006, extended the legal right to obtain the certificate of residence not only for residents (not being able to do this anyway, for what will be said below), but also to "the applicants residence" and not have any checks to ascertain whether the answer any declaration usual residence, with the result - according to the thesis dell'Artini - that in the population register may register and obtain the relevant certificate unmarried couples both homo-or heterosexual de facto while living elsewhere.
The applicant, the stated purpose of proving its entitlement to file an appeal in the epigraph says, and proves to be electors of the City of Padua also the affects of the introduction of popular 'Article. TU 9, approved by Presidential Decree 267 of 2000, he said challenged in the courts or tribunals which in this action-City community, as defined by art. 3, paragraph 2, of the same TU 267, 2000, against the City-organ failure, which in the last species overboard with their actions by law.
The applicant considers that the action he proposed to be configured, however, as the exercise of that inescapable duty of solidarity in political, social and economic, imposed by art. 2 of the Constitution, and this because the Constitution requires the city where an inescapable duty, "requires them to see if it will be useful to the country, and if it deems, imposes the inescapable duty of being, of action to be. The clarification becomes important to qualify as a European content of the exercise here, with the possibility of its defense in Europe. It is hoped that the spirit only to be caught "Resistance" that inspires this action: it is aimed at defending the values \u200b\u200bof freedom and civilization of 'the sort that drove our forefathers to the first resistance, a risk in themselves in defense of civilized values, which seem to the plaintiff in the case seriously attacks. The applicant specifically seeks to qualify as an exercise of the right European action this initiative, with a very specific function and purpose. According to art. 6 of the Declaration of Human Rights, "the toute personne a droit à cause que sa soit entendu par a juge." This is a definite cause of a citizen of this unfortunate country, which has the good fortune to be citizens of Europe and also here is intended to exercise European Law in its action. Entitled "Entendu à sait que sa cause" this very right is exercised here. It is well known that the rise of the European Court of Justice is possible only when all grades have been exhausted the internal justice of the State. It may well be-it promises for the sake of completeness mere exhibition, which is deemed unacceptable the present action, its pronunciation would obviously appeal to the Council of State, which complies with any ruling would open the hearing to the European Court, which causes the judge European citizens. Without Resistance and reaffirmed the value of this action, any action the rest of the common folk, beginning with that provided by L. July 17, 1890 No 6972 "(see pp. 5 and 6 of the present action).
Also according to the applicant, the acts here made the subject of appeal would be absolutely nothing to absolute lack of attribution, under art. 21 f of L. No 241 August 7, 1990, provided that the City Council, none of the bodies (the Council or Mayor) is the holder of any function - legitimacy - jurisdiction to adjudicate any case with regard to keeping of registers of the population, since - As we have seen before - used exclusively for the state.
In the alternative, the applicant seeks the annulment of acts still in question, since in any case they violate "the laws state indicated in the profiles described above (see ibid, p.. 6).
2.2. It is an action against the City of Padua, first pleading the appeal inadmissible.
According to the defense of the Administration intimated, in fact, as regards the alleged exercise in this case by dell'Artini of the popular in art. 9 of TU approved by Legislative Decree 267 of 2000, should be considered that this article of the law has in the sense that each voter can make claims in court actions and appeals that belong to the municipality or the Province and that, moreover, the Court unanimously popular action recognizes the same kind replacement or supplementary that is intended to protect the interests which the local authority has failed to cure by the commencement of actions and appeals in the supervisor (see, ex multis, Cons. State, Sec. IV, 7 February 2004 No 1969; TAR Lazio , Sec. IIb, 5 January 2006 No. 100, and the judgments No 1728 dd. September 27, 2004 and No 3749 dd. November 8, 2006 respectively, made in Section III of that TAR and this section), with the result that remains excluded could bring before this court of popular action type called "corrective", that is designed (such as, precisely, in this case) to censure the acts or conduct directly related to a desire expressed by Ente Local.
regard, however, the alleged "European content" of the proposed dall'Artini, the defense of the City points out that according to our system anyone can take legal action to defend their rights and interests in the presence of an interest staff to act, direct and present in this case, however, would fail because the challenged action does not result in injuries of any kind for the legal position of the plaintiff, and this also with particular regard to the action in the European court allegedly he feasible, given the fact that - as stated by the same Artini - for the purpose of exercising the right of rank in the European species would be called simply the exhaustion of any appeal inside their national laws.
According to the defense of the City, the action is unacceptable because even free - beyond the general statement of the alleged invalidity of the contested measures to ensure absolute incompetence on the part of the City - illustration of any specific complaints about legitimacy.
In turn, the same defense of the City points out that Article. 1 of L. 1228 of 1954 provides that the registers of the resident population must be kept recording the positions relating to individuals, families and partnerships that Article. 1 of Presidential Decree 223, 1989 states that the registry is made up of individual records, family and co-existence, that 'Article. 4 of the Decree specifies that "the effects master for family means a group of persons bound by ties of marriage, kinship, affinity, adoption, guardianship or emotional bonds, cohabiting and having their usual residence in the same village," and that ' art. 33 of the same discipline on the issue of certificates of residence and family status, providing that any position can be deduced from the file details, with the exception of the positions provided by art. 35 of Presidential Decree thereof, may be certified or certified by the official registrar's order Mayor.
circumstances, according to the thesis defense of the City, by the acts here challenged the city administration would only have instructed its offices in order to master the procedures for the award of the registered family based on marriage or kinship ties or affinity or adoption or guardianship or emotional bonds.
The same defense of the City remarks, therefore, that the legal requirements pertaining to certifications and certificates registries have been and remain those established in Articles. 33 and 35 of Presidential Decree 223 of 1989, and that the same is to be inferred easily from the provisions of the typical "certification" to personal, small - as such - the residence and the state family (cf. art. 33, paragraph 1, of Presidential Decree 223 of 1989 and which - precisely - is combined with the other certificates and other certificates referred to in paragraph 2 of that Article. 33, which in this sense provides that, in addition to the residence and family status, "any other position can be deduced from the file details, except those provided for in paragraph 2 of art. ... 35 may be certified or certified by the official registrar 's order of the mayor. "
This therefore means - according to the thesis defense of the City - all positions that personal data can be derived from the documents in the possession of the City and whose certification or certification is not specifically inhibited by law, can be attested or certified by the official registrar, the order of the Mayor, and, if so, in this case the Mayor of Padua merely provided, in full compliance with just examined, which may be issued either upon request certificates of registration in the population as a registered family consists of people cohabiting linked by bonds of affection, since - as mentioned - to 'Article. 4 of Presidential Decree 223 of 1989 "Population effects for family is a collection of individuals linked by bonds of marriage, kinship, kinship, guardianship or adoption by emotional bonds, cohabiting and having the same home town. "
From this finding follows - according to the defense of the City - which in this case would not have been introduced innovations of any kind, contrary to state regulations on the subject, including the forms necessarily used to enrolled in the Registry as registered family, and, in particular, would be completely erroneous assertions in the application of these proceedings about the possibility of extending the release of private data to non-residents, since the clearance registry in question was issued only to persons residing in the town of Padua, that those who call for the establishment of a new family registry should claim to be residents in the town of Padua, or must apply to establish their residence in that municipality, which starts on that note, however, are being reviewed by the Municipal Police for verification of the actual transfer of the same residence in the town of Padua, and that only after the successful completion of these checks and the resulting Subscriptions to Padua may be issued to interested parties attesting to the statement when submitting the request .
As regards the particular models designed for the operations described above, the defense of the City states that the model A is used for the establishment of registered family practice is the Register office of that change of residence, and that through him the state concerned to 'Article. 4 of Presidential Decree 223 of 1989, their links, and that the A / 1 is used for the declaration of change of the family over, and that through him the state concerned, always to 'Article. 4 of Presidential Decree 223 of 1989, their ties, whereas model B is used to request proof of status in the population as a registered family consists of people cohabiting linked by bonds of affection, and, most recently, model B / 2 is used for the certification enrollment anagrafe which registered family consists of people cohabiting linked by bonds of affection.
According to the defense of the City, an examination of the forms described above, it follows with irrefutable clarity that would not take any registration or record required by law in the state, but that - in fact - the statements made by interested parties concerning the use of constraints under which prompted the establishment of the family and the subsequent statements issued by the Town Council would be those specifically provided for by current regulations and unfailingly source state contained in these Articles. 4:33 Presidential Decree 223 of 1989.
3. It was not in court while the notice Mr. Stefano Bonomo.
4. No investigation by order 20 dd. February 28, 2007 the Chamber ordered the acquisition, the Court's file, a copy of the template data sheet referred to in art. 20, paragraph 1 of Decree 223 of 1989.
5. On March 27, 2007 the town council has complied with this looming.
6. The parties, with additional and specific memories, insisted on the acceptance of their thesis.
7. At the public hearing on July 5, 2007 the case was held for the decision.
8.1. The Board must, first, bear examination exceptions to inadmissibility of the appeal made by the defense the City.
They must be rejected.
8.2. As we have seen before, from the perspective of the defense of the City, the applicant should openly proposed, in this case, people's shares to 'Article. TU 9, approved by Legislative Decree 267 of 2000 nell'acclarato defect while the conditions prescribed in this regard, that the request to the private, the protection of the courts of special interests conferred by the local authority and the latter also rejected the proposition by omitting the actions and appeals that competed.
In fact, in this case is not given to recognize the existence of this form of action, essentially substitute or substitute with respect to the omission of care in court by the independent public interest: omission which, precisely, this is not just there because the city administration, far from providing dall'astenersi, put in be declared in the exercise of its powers delegated to the care of public interest, the specific reference to specific pieces of legislation and regulations that reinforce the legitimacy of their actions. The
Artini, however, has also set up its interest in the action allegedly giving the same a "European content" loosely based on Article. 6 of the European Convention for the Protection of Human Rights Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, as amended and made to turn the executive into Italian for the effect of L. No 4 August 1955 848, as amended.
This article of the Convention known to cover the fundamental right of every person to a fair and public hearing within a reasonable time before an independent and impartial tribunal, previously established by law as well.
With good reason, in this respect, the defense of the City stated that that right is not removed from the applicant just as the exhaustion of any appeal inside the national legislation allows the courts in the protection sovrastatuale covered by the Convention (see art. 35 Convention cit., as amended by Protocol No. 11, signed in Strasbourg on May 11, 1994 and ratified by Law No. 296 of August 28, 1997).
not be shared - by contrast, and for all what will be said below - further argument presented by the defense of the City, according to which, regardless of the configuration of the action on same claim as the epigraph necessarily (and exclusively) prodromal exhaustion tract domestic court before resorting to the supranational court, should be considered in any case, if it is true that in our system anyone can take legal action to defend their rights and interests in the presence of a personal interest in acting, Current and directed (cf. art. 100 CCP), in this case, however, lacks such an interest on the part of the same Artini as the contested measures does not result in injuries whatsoever to his legal position.
8.2. The Board in this regard, stresses that a reading of Article. 1 of L. 1228, 1954 as supplemented by art. 2-quater of Legislative Decree No 27 December 2000 392, converted into Law February 28, 2001 No 26 and art. 1 of Decree 223 of 1989, it appears that - with particular interest here - the sort identified three distinct subjective status through which people are entered in the population registers of the resident population: the individual, the family and coexistence.
In this regard, the position of the ages of each person is then stored either individually or within a family or partnership, to 'under the provisions of articles. 4 and 5 of Presidential Decree 223 of 1989, which - precisely - to bear on the regulation of specific institutions of the family over and living together: namely, 'according to what particular provisions in the book "Population of the population" of the series "Methods and Standards Series B No. 29 ed. 1992" attached to the circular dd ISTAT. February 8, 1992 forwarded to each municipality, each individual resident are both a personal data sheet (AP / 5), is a form of family (AP / 6) or coexistence (AP/6a).
Article. 5 of Presidential Decree 223 of 1989 defines "cohabitation" as "a group of people usually cohabiting for religious reasons, care, support, military, prisons and the like, having their usual residence in the same town," thereby identifying certain clusters people originated from specific social reasons and which require an organizational structure to its culmination in an aggregate charge of the operation itself and, consequently, also the statements concerning personal data to its members (see volume Population cit.).
Conversely, 'Article. 4 of the Presidential Decree 223 of 1989, "Population effects for family is a collection of individuals linked by bonds of marriage, kinship, affinity, adoption, guardianship or emotional bonds, cohabiting and having their usual residence in the same municipality.
This provision is innovative compared to the previously existing art. 2, first paragraph, of Presidential Decree No. 136 January 31, 1958, bearing the previous master Regulation, under which "the effects master for family" meant "a set of individuals linked by bonds of marriage, kinship, affinity, adoption, affiliation, or protection constraints affective, cohabiting and having their usual residence in the City Council, which normally ensure the fulfillment of their needs through the sharing of all or part of earned income or Capital received from them. "
As we can see, then, in the concept of" family registry "has been eliminated as a component of the aggregate of people, the economic link between the members of cohabiting, previously considered necessary without fail.
Therefore, at present in order to have family over there must be the following elements:
1) the presence among the members of a dead family member or affective;
2) cohabitation and usual residence in the house.
registry family is concept distinct from that of the family called "nuclear" or "civilized", ie made up of people united in marriage with civil effects recognized: with so that the family registry and the nuclear family or community may not coincide.
The conceptual distinction between the nuclear family and registered family has been duly confirmed by Cons. State Sec. V, No. 13 July 1994 770, where it is pointed out that while the registered family of Presidential Decree 223 of 1989 is only legal institution aimed at the "systematic collection of all the positions" as to who has set up residence in the town (see art. 1 DPR 223 of 1989 cit.), the legal concept of family "nuclear", that is assembled with parents and children, it is assumed in our domestic law and protected by Articles. 29, 30 and 31 of the Constitution, in Articles. And Article 144 and 146 cc. 570 cp, and - in terms of the necessary conformity of the order that "the generally recognized norms of international law" (jus gentium mentioned by art. 10, first paragraph of the Constitution) - also art. 12 of the said Convention of Human Rights, art. 16 of the Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948, as well as art. 10 of International Covenant on Economic, Social and Cultural Rights made in turn the Executive into Italian Lire October 25, 1977 No 881.
The structure of the family, "nuclear" is - evidence - crystallized by the relationship established by marriage between the spouses (cf. art. 143 et seq.) and, in particular, by the 'mutual obligation to fidelity, moral and material assistance, cooperation in the interest the family and cohabitation "(cf. art. 143, second paragraph, as replaced by cc. 24), from making any contribution in relation to their substance and their ability to professional work or home, to the needs of family (cf. art. 143, third paragraph, DC), the need to agree on the address family life (cf. art. 144, first paragraph, DC) and by the 'obligation to support, instruct and educate their offspring "(cf. art. 147 cc).
Indeed, spouses (ie, the family" nuclear ") are bound - as mentioned - the cohabitation (cf. art. 146 cc cit.) and, to that effect, "fix the residence of the family according to the needs of both prominent and those of the family" (cf. art. 144, first paragraph, DC cit.).
However, in accordance with current Article. 45 cc resulting art. 1 of Law 151 of 1975 ("Each of the spouses is domiciled in the place where he established the headquarters of your business or interests. The child is domiciled in the place of residence or family that of the guardian. If the parents are separated or their marriage has been annulled or dissolved or being an end to the civil effects or do not have the same residence, the child has the domicile of the parent with whom they live together ... "), a spouse, plus the ability to have a home differs from the other, it can still establish a residence other than the family in case of separation of pure fact (see Supreme Court, Sec. The Civil Code., April 14, 1982, No 2223) and, moreover, is equally well known that the coexistence of their nuclear family, because essentially based on factual criteria, you still do not disappear as a result of the fact that in dependence of the abovementioned requirements "address life family and the interests of its members do not conflict with those of the same family, spouses often agree among themselves to acquire several residences, the need for a professional, tax, etc..: the latter cases, therefore, is not in it concerned the fact that automatically extinguishes the constraints of the nuclear family
However, the registered family is - in itself - far more flexible in its formation and dissolution: it can also be formed from a single person (see Art. 4 , paragraph 2 of Presidential Decree 223 of 1989) and, above all, it essentially is based, in contrast to previously seen for the "coexistence" of Article. 5 of Presidential Decree 223 of 1989, the statement freely made by each of its members Officer registrar, to 'Article. 13, comma 1, lett. b) of that Decree 223 of 1989.
The above notices and the 1992 ISTAT recognize that the registered family consists of individuals linked by bonds of affection merely constitutes a relationship that, unlike other family ties listed in art. 4 of Presidential Decree 223, 1989 (marriage, kinship, affinity, adoption, guardianship: that constraints related to legal positions arising from the family "nuclear", which is formed as a result of specific statutory obligations and, as such, resulting by institutions governed by a regularly) can not be objectively identified by the official registrar and can not - so - that being left to the declaration made by the Officer at the same time of incorporation, or the takeover of the family over . In the same notes
ISTAT, 1992 states - also - that occurred after the declaration of the existence of an emotional bond, the same shall be considered failed only due to the cessation of cohabitation, this being the only prerequisite objectively verifiable, and declaration that the same "can not be subject to continuous changes of mind."
8.3. It said all this, it should be noted that, even beyond the issue - the evidence unrelated to the economy of this case - on the proper exercise of legislative discretion in relation to any state and regional equalization between the nuclear family and family over (for the most widely adopted by other legal sources such as "cohabitation" with terminology that is dissimilar from the establishment of these notions of Articles. 4 and 5 of Presidential Decree 223 of 1989) to the recognition of certain economic benefits (eg ., art. 2, paragraph 4 of the AL 2 April 1996 No 10, in the Veneto region provides access to the benefits of housing also publishes a marital unions), it is evident that there was in chief of an applicant's current interest, even if only moral (see ex multis, enough of that on the now well-founded interest in order to establish a position in the administrative process legitimating , Cons. State, Sec. IV, 30 July 2002 No 4076), the proper conduct of the administration in registry so that the very different institutions of the nuclear family (protected, as we have seen, in terms of provisions of constitutional and superstatale) and of the family over (assumed, instead, a mere common law and governed in detail by a regulation and an administrative measure to content generally consists of the aforesaid notes ISTAT, 1992) are not confused, even - especially - before the overall perception of the subsidiaries.
other words, the interest of the applicant is identified in the requirement that the family registry, no matter whether straight or gay connotations, must not result from institution to the essentially instrumental systematic collection of all the positions on who has set in pool their residence (see art. 1 DPR 223 of 1989 cit.) as a model of social organization equivalent to the family based on marriage.
should be added, in this particular respect, that the rules of the nuclear family has evolved for sure on time and is, in any case, so far different in different legal systems as known in dependence of different economic, social and religious sensitivity, but still remains the enduring relevance, primacy and indispensability for the future development of every human society - and, therefore, quite apart from any legislative options aimed to recognize in the context of fundamental rights of the individual effects of certain civil journalism and other forms of union between the sexes - that the assumption underlying the establishment of what is currently generally also the current ius gentium meant by "family" in marriage, in turn, still essentially and unfailingly defined as "viri et Mulieris coniunctio individuam consuetudinem Continens vitae" (J, I, 9 pr.) or as "seas coniunctio September feminae, et consortium omnis vitae, human divine et iuris communicatio" (Form D 23, 2, I ).
If so, any person to 'under the existing master card is properly seated in a registered family physically corresponding to a nuclear family, therefore, is to be located in a different position than by administrative action he deemed contrary to the values \u200b\u200bof PRINCIPLES, and against it must therefore be recognized that there is an interest in opposing any approval hypothesis, although purely documentary, including the nuclear family and the merely registry based on the mere declaration of the existence of emotional ties other than marriage, however, by kinship or affinity, as well as descendants from the bonds of adoption and guardianship.
8.4. Neither is based the assumption of the City stating that the appeal would be inadmissible as dall'Artini inherently specific complaints of legitimacy.
From reading the writ of summons is, in fact, easier to identify not only the successful formulation of a complaint for revocation or non-existence of the contested acts alleged to absolute incompetence of the Administration Town to provide for the subject matter and a complaint of incompetence by the administration on the same involving the request for cancellation of the acts themselves, but also materially due to a further complaint to the complaint figures revealing too much power for logic and for misuse of public order, by which the appellant claims the alleged failure to check the veracity of the statement made by the applicants in order to obtain residence by the Municipality of what he called "certificate of residence" of cohabitation, with the supposed result that by the mere application for residence in this case we can obtain a certificate of public administration uneven in its content, the true and - therefore - not functional for the protection of public faith that the certification should be the same - conversely - to perform.
9.1. That said, the action must be upheld to the extent specified below.
9.2. The claim of absolute incompetence el'immediatamente conditional plea of \u200b\u200brelative incompetence can not be accepted.
the perspective of the applicant, the matter would escape any discipline registry of jurisdiction of the City, the latter being responsible, through the Mayor's official Government to 'Articles. 14:54 TU approved by the Legislative Decree 267, 2000, the material obligations under the laws governing the same matter, the exclusive competence of the State (see art. 117, second paragraph of Article. The Constitution as amended by art. 3 L. Cost. October 18, 2001 No 3 cit.).
The Board, for its part, notes that if you share the assumptions of the applicant, by the alleged invalidity of the contested measures absolutely dependent on the alleged lack of discretionary authority in the matter in question in the hands of the municipal administration, would achieve - an inescapable corollary - the existence, in this respect, the jurisdiction of ordinary courts, since the art. 21-f of L. August 7, 1990 No 241 as inserted by 14, paragraph 1, of L. February 11, 2005 No 15 literally devolves to the exclusive jurisdiction of the administrative judge issues the sun and the invalidity of administrative action in violation or circumvention of the judge: issues, those that do not fall in the economy for some of these proceedings.
Nor should we ignore that, made the same argument, the applicant still has to assess how obliterated - for additional comfort "systematic" and according to the corollary that un'ormai settled law - disputes in order to be registered outside the jurisdiction of the court administration, given that the Mayor shall in respect of a mere finding of subjective positions only based on assumptions of fact and without the exercise of any discretionary power, just as missing in this case the exercise of authoritative power (see, eg., Cons. State, Sec. IV, 16 January 1990 n . 14 and Sec. I, January 26, 1979 No. 539; TAR Lombardia, Sec. I, March 3, 1985 174; TAR Friuli Venezia Giulia, October 12, 2000 No 766).
The contrary perspective that changes in residence is, however, in their objectivity, administrative measures, indeed implies, as inevitable consequence, that such acts should be considered as constituting acts of investigation, candidates - as such, and if not if it is able to obtain the annulment - Without fail to overlap on personal status and rights of their recipients, but it turns out, however, now fully established in law (see, ex multis, Cass. SS. UU. February 7, 1992 No 1374) that the findings registries are not of this feature, since they are mere presumptions, subject to proof to the contrary at any time deductible before the ordinary judge of the purview of means (see the point T.AR. Friuli Venezia Giulia No. 766 of 2000 cit.).
However, in the opinion of this Board, the case escapes while these settings established principle precisely because the town council has used here, by its general measures resulting an assessment of its undoubted discretion spaces vacated by the above discipline source state, establish within its territorial "system" seeks to demonstrate, by integrating the models with their standard forms prepared by the State registry, the existence of a registered family consists of individuals linked by bonds of affection, as was also reported by the same interests as freely when established, or the variation of the same family.
If it is true that Article. 33, paragraph 1, of Presidential Decree 223 of 1989 provides that "the registrant issued to any applicant, subject to the limitations of the law, the certificates concerning the residence and family status ", paragraph 2 of that Article provides - in turn - that" any other position can be deduced from the file details, with the exception of the positions provided for in paragraph 2 of art. 35 "- that is, the news reported in data sheets relating to the profession, art or craft, the condition is not professional, educational qualifications and other information whose inclusion in the individual records is authorized under Article. 20, paragraph 2 of that Presidential Decree 223 of 1989 by the Ministry of the Interior, in consultation with the Central Institute of Statistics (ISTAT) - "can be attested or certified, if not precluded serious or particular needs of public interest, the officer of the Registry of order of the Mayor. "
However, the very fact that the notes of the 1992 ISTAT implying, as we have seen before, the opportunity to make the declaration of the existence of constraints emotional basis for the establishment of a registered family and even highlight the need to represent to the parties the need for the declaration itself should not become the subject of frequent changes of mind, and the further fact that those notes were apparently sent to ISTAT each municipality with the consent of the Ministry of itself render the certifiable (but, as we shall see below, not certified) by the Municipality in the existence of the question.
At the same time, the Municipality of Padua, just ABOVE-MENTIONED nell'acclarata fact that the discipline does not inhibit the source state to certify the existence of the emotional bonds declared by the parties at the time of creation or variation of the family over, he sought to bring , by the measures here made the subject of legal challenge, his powers of self-organization in order to allow the confirmation of the statements by the parties themselves, and this - always detects this college - even in the necessary scope of the rules of nature contained in general. TU 47, approved by Presidential Decree No 28 December 2000 445, to 'under which - in particular interest here - "the affidavit states on, personal qualities or facts which are directly known to the person concerned is replaced by the statement made and signed by the latter to the conditions of the Article 38 "of the same TU, which is signed" in presence of the employee designated by the person ", that is signed and submitted with a photocopy of an identity document of the form (cf. art. 38 cit.). Wanting
- So - In summary, the Administration Comunale di Padova, correctly understood the meaning of the notes ISTAT, 1992, namely that the statement as to the existence of emotional ties as a precondition for the formation of a registered family can not be objectively observed by the officer and registrar can not - then - that being referred to the statement made by the Officer at the same time of incorporation, or the takeover of the family over, and this - as we have also seen before - the only limit, ISTAT said the same notes, which the statement in question can not be subject to continuous changes of mind by the person making it.
The city of Padua has also properly drawn from all this, so that necessitated the existence of the constraints in question can not, in itself, be subject to certification by the Master of Public Administration, to 'Article. 33, paragraph 1, and art. 35 of Presidential Decree 223 of 1989, but can only be certified by government to 'Article. 33, paragraph 2 of that Decree on the basis of that declaration of one who has it made and then confirmed at the time of application of the relevant certificate.
The certificate in question can not, therefore, identify with a certificate issued by the Public Administration if not its equivalent value as a public act, to 'Article. 2699 et seq. cc: for it, in fact, can not ask a question of time validity, as it is contrary to the certifications by reading Article. 41 of Presidential Decree 445 of 2000, just in relation to the intrinsic content, essentially left to the will of the parties and, in substance, not be assessed objectively.
Therefore, by documents the party seeking to assert the existence of the emotional bonds apart from the objective permanence of residence with another person (it alone, however, found in its material objects, to 'Article. 4, second paragraph, Law 1228 of 1954), shall from time to time request the certificate in question following the procedure laid down by the Town Council with regard to the particular acts here challenged, which in turn shapes their self-declared in the declaration in lieu of ' affidavit, to 'under the combined provisions of Articles. 47 and 38 TU, approved by Presidential Decree No 28 December 2000 445: and, as said before, the temporal validity of self-attestation or declaration will be exhausted, inevitably, at the very moment in which they are formed and used simultaneously.
With regard to this basic approach, correctly intuited in its essence by the Municipality of Padua, can then easily be observed from a reading of the contested decision the council

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