La presunta configurazione privatistica degli interventi di ricostruzione in caso di calamità naturali e la deroga alla disciplina del Codice dei contratti. Alcuni spunti di riflessione tratti dall’esperienza aquilana”, in Rivista amministrativa degli appalti

The contribution, inspired by the discipline of emergency arising from the earthquake in the Abruzzi on 6 April 2009, addresses the issue of the limits of judicial review of the administrative judge on measures caused by the emergency, with particular reference to the ordinances of the commissioner in derogation in art. 5 of Law no. 225, 1992. The paper also explores the profile of the territorial jurisdiction of the Regional Administrative Courts highlighting how, by virtue of the combined provisions of Articles 35, para. 1, letter. e) and 133, para. 1, letter. p) of the CPA, the mandatory competence for judging disputes on the first phase of the emergency, governed by the ordinances and measures of the commissioner adopted pursuant to Article 5, para. 1, of Law no. 225, 1992, and assigned to the Regional Administrative Court of Lazio, Rome; that is, while the territorial TAR has jurisdiction in any dispute relating to the immediately subsequent phase, regulated by implementing, specificying and executive orders of the commissioner, such as ordinances of the sub-commissioner, in the the hope that these acts, which come after the emergency, are also restored to full judicial review