Palumbo, “Judge of the Peace ruling gives citizens reason) – Radio L’Aquila 1

L’AQUILA – “As was easy to understand, the request for repayment of the autonomous accommodation contribution unduly received (according to the Municipality of L’Aquila) by thousands of citizens is not possible because, as the law prescribes, after 10 years it is not possible to recover it.

This was established by the justice of the peace regarding an appeal presented by one of the many citizens through the lawyers Caroli and Camerini.”

This is what the municipal councilor of the Democratic Party writes in a note, Stefano Palumbo, regarding the ruling of the Justice of the Peace on the attempted recovery of the (Independent Accommodation Contribution (CAS) by the Municipality of L’Aquila.

“Yet another terrible figure for the Biondi administration – adds Palumbo – which in just one week managed to collect 3 convictions, on the CAS, on the Municipal Police Command and on co-planning.

A debacle across the board of a city government that thinks it exercises power with arrogance and above state law.

The ruling clarifies, as widely expected, that the Municipality’s right is subject to the ordinary ten-year prescription regime, as provided for by the art. 2946 cc.

On the other hand, the Council of State, with ruling no. 27/2018, established that the right to repetitio indebiti by the PA, pursuant to the aforementioned article 2946 of the Civil Code, is subject to an ordinary ten-year prescription and held that the term starts from the day on which the sums were physically paid. Rather than a statute of limitations that would start from the moment of the assessment, as the administration tried to make people believe.”

“But as we have been saying for some time now, the arrogance of power generates monsters – concludes Palumbo -. And it generates damage for the people of L’Aquila, considering that the sentence establishes, in fact, a fiscal responsibility of the administration which did not take steps to recover the resources in time and, pressed by the Court of Auditors, attempted a ‘quick’ trying to unload on the citizens an administrative inability which, by now, is full-blown.”