Administrative, Budget and public accounting, Budget of troubled local authorities, Constitutional Court, Judgment No. 17 of February 19, 2026
Contested provisions: Articles 259, c. 1st, 261, c. 4th, and 262, c. 1°, of the legislative decree 18/08/2000, n. 267.
In the judgment of constitutional legitimacy of the articles. 259, paragraph 1, 261, paragraph 4, and 262, paragraph 1, of the legislative decree of 18 August 2000, n. 267 (Consolidated law on the organization of local authorities), promoted by the Regional Administrative Court for Campania, first section, with order of 10 April 2025, registered at no. 87 of the 2025 ordinance register and published in the Official Journal of the Republic no. 21, first special series, of the year 2025.
unfounded – inadmissibility
Budget and public accounting – Budget of troubled local authorities – Stably rebalanced budget hypothesis – Peremptory deadline for presentation to the Minister of the Interior – Further peremptory deadline within which to present a new budget hypothesis suitable for removing the causes that did not allow the favorable opinion of the specific ministerial commission – Failure to comply – Effects – Possibility of a solicitation intervention by the prefect, as envisaged in other hypotheses, instead of dissolution of the entity – Failure to provide for – Reported unreasonableness and violation of the principle of equality, as well as violation of the principles of good performance of public administration, protection of local autonomies and the right of every citizen to access elective positions and retain them – Inadmissibility of the issues.
Budget and public accounting – Budget of troubled local authorities – Stably rebalanced budget hypothesis – Peremptory deadlines for presentation to the Minister of the Interior of the indicated hypothesis or of the new budget hypothesis suitable for removing the causes that did not allow the favorable opinion of the specific ministerial commission – Failure to comply – Effects – Mandatory dissolution of the body – Unreasonableness and violation of the principle of equality reported, as well as violation of the principles of good performance of public administration, protection of local autonomies, and of the right of every citizen to access elective positions and retain them – Unfoundedness of the issues.
Source Constitutional Court
