info@ambrosioecommodo.it
011 54 50 54
Consulting

Riccardo Rotigliano

Riccardo Rotigliano he carries out his profession exclusively in the field of administrative law, with particular reference to the subjects of public contracts (procurements and concessions), the environment, building and urban planning, sponsoring both private and public administrations.

In addition to judicial activities (TAR, Council of State, Court of Companies), he combines extra-judicial activities, as a consultant for numerous public bodies and private companies. Since 2015 he has been authorized to practice before the higher courts. In 2005 he obtained the title of PhD in administrative law at the University of Roma Tre, where he was also a research fellow.

He is the author of over 30 scientific publications in the fields of administrative law, published in the main journals of the sector (Administrative Law, Administrative Procedural Law, Administrative Court). Currently, he is a lecturer in administrative law and administrative procedural law at the University of Palermo and at LUMSA.

E-mail

Publications

  • Authorization as a prerequisite for the reimbursement of health services provided by structures of another Member State: right to health (of the national community) versus the Community principle of free competition (note to the Court of Justice of the European Union, 12 July 2001, in the case C-157/99), in New autonomies, 2001, 606-622;
  • Debt collection, business agencies and limitation to the provincial ambit of the public security license (art.115 TULPS): between police law and European law (note to the Council of State, IV, October 16, 2000, n.5494), in Immonthly legal review of public services, 2001, 214-223;
  • The procedure for determining the forensic fees: an evident case of (possible) participation of (public legal) persons in the community offense disregarded by the Court of Justice (note to the Court of Justice of the European Communities, 19 aio 2002, in case C-35 / 99), in New autonomies, 2002, 921-938;
  • A new episode in the struggle between "historical precarious workers" and "sissini" (note to TAR Lazio, Rome, III bis, 13 August 2002, n. 7121), in the Administrative Forum - TAR, 2003, 631-639;
  • The organization of intellectual professions in Italy: between freedom of economic initiative and regulatory protectionism (note to the Council of State, V, 1 October 2001, no. 5193), in Public services and procurement, 2003, 256-269;
  • Whether there is a time limit to the "regency" of the deputy secretary (note to TAR Lazio, Rome, I ter, February 25, 2003, no. 1472), in the Administrative Court - TAR, 2003, 1653 - 1658;
  • The motivation of the judgments between form and substance of the public function (note to the Lombardy Regional Administrative Court, Milan, III, 16 July 2003, order no. 1221), in the Administrative Court - TAR, 2003, 3181 - 3190;
  • Comment on art. 25 tu edilizia, in AA.VV., Commentary on tu edilizia, Milan, 2004, 318 - 324;
  • Comment on Articles 2, 101, 102, 104, 105 and 109, in Cammelli M. (edited by), Commentary on the code of cultural heritage, Bologna, 2004, passim;
  • Brief notes on healthcare markets in Italy, in Public services and procurement, 2004, 429-454
  • The CGA? All the same (note to the Constitutional Court, n. 316/04), in Nuove Autonomie, 2004, 891-898;
  • The motivation of the administrative acts expression of judgment, with particular reference to the documents of the examination commissions, Written test of administrative law for the competition for judicial auditor, in Studium iuris, 2005, 450-454;
  • First comment on the recent directive 2005/36 / EC on the recognition of professional qualifications, in Public services and procurement, 2005, I, 901-905;
  • Le professioni, in Corso G. - Lopilato V. (edited by), Administrative law after constitutional reforms, Special part, vol. II, 370-401, Milan, 2006;
  • The formal defect in the theory of the administrative act after the recent amendments to the law on administrative procedure. Written test of administrative law in the competition for judicial auditor, in Studium iuris, 2006, fasc. 9, 998 and following;
  • Public goods, networks and the doctrine of essential facilities, in Administrative Law, 2006, 947-1015;
  • The precautionary protection ante causam in the code of public contracts: much ado about nothing, in the Administrative Forum - TAR, 2006, 3400 - 3425;
  • The omitted or delayed exercise of the public function: compensation profiles, in Administrative procedural law, 2007, 704-752;
  • The methods for providing the guarantee accompanying the offer in public procedures, in Administrative Justice, 2007, 280-285;
  • Commentary on the Plenary Meeting n. 1/08, in Urban planning and tenders, 2008, 1017-1024;
  • Comment on art. 25 tu edilizia, in AA.VV., Commentary on tu edilizia, Milan, 2009, 443 - 450;
  • The management experimentation companies in the framework of the protection of competition, in Corso G. - Magistrelli P. (edited by), The right to health between institutions and civil society, Proceedings of the conference of 27 November 2008, Turin, 2009, 127 - 140;
  • Again on the alleged obligations of the owner not responsible for the contaminated site: where is the most (the owner is not required to do anything), is the least (let alone the former owner), note to Tar Calabria, 26 July 2012 , no. 810, in Forum - TAR, 2012, 2909 - 2923;
  • The use of public procurement: fixed points and unresolved issues, in The New Administrative Law, 2013, 58 - 68;
  • The anti-mafia information in administrative jurisprudence, in The New Administrative Law, 2013, fasc. 5, 67 - 75;
  • Still on the relief of parental ties in the field of anti-mafia information, note to the Council of State, Section III, 4 September 2013, n. 4414; CGA, 5 September 2013, n. 739 and Council of State, Section V, 9 September 2013, n. 4467, w.ilnuovodirittoamministrativo.it;
  • First praetorian indications on the relationship between agreement in continuity and participation in a public tender, known to Tar Sicily, Catania, Section III, ordinance 27 September 2013, n. 828, in www.ilnuovodirittoamministrativo.it;
  • A singular case of exclusive jurisdiction that knows no legitimate interests. The jurisdiction over the price review according to a recent and innovative arrest of the CGARS, in www.ilnuovodirittoamministrativo.it;
  • The revision of prices in public procurement, in The New Administrative Law, 2014, fasc. 3, 70 - 78;
  • The implementing provisions of the code, in Caringella F. - Giustiniani M., Manual of the administrative process, Rome, 2016 (ISBN 9788895615042), 889 - 893.
  • The judgment of compliance, in Caringella F. - Giustiniani M., Manual of the administrative process, Rome, 2017 (ISBN 9788895615042), 837 - 885;

Other professional experiences

  • 2003: teaching position in the course - competition for administrative officials of the Ministry of Labor;
  • 2004: teaching assignment in the training course for ENAC administrative officials;
  • 2004: teaching position in the course - competition for managers of the Ministry of the Interior (DAP);
  • 2005: teaching assignment in the refresher course for officials of the Sicilian Region (regional councilor for the presidency);
  • 2007: teaching assignment in the refresher course for officials of the Sicilian Region (regional councilor for the presidency) - Faculty of Law of Palermo;
  • 2008: teaching assignment in the refresher course for officials of the Sicilian Region (regional councilor for the presidency) - Faculty of Law of Palermo;
  • 2008: adjunct professor of administrative law at the Kore University of Enna;
  • 2009: teaching assignment in the refresher course for officials of the Sicilian Region (regional councilor for the presidency) - Faculty of Law of Palermo;
  • 2009: adjunct professor of administrative law at the Kore University of Enna;
  • 2010: Adjunct Professor in Contractual Activities of the Public Administration at the Faculty of Political Sciences of the University of Palermo;
  • 2011 Adjunct Professor in Contractual Activities of the Public Administration at the Faculty of Political Sciences of the University of Palermo;
  • 2012: seminar activities in the context of the chair of Contractual Activities of the Public Administration in the Faculty of Political Science of the University of Palermo;
  • 2013: member of the evaluation team of the Regional Province of Agrigento;
  • 2013 - 2017: consultant in civil and administrative law of the company AIRGEST SpA, concessionaire of the civil airport "Vincenzo Florio" of Trapani - Birgi;
  • 2015 - 2018: support to the RUP of the contract for the execution works of lots 6, 7 and 8 of the Syracuse - Gela motorway;
  • 2016 - 2018: consultant to the Extraordinary Commissioner for urgent reclamation, environmentalization and redevelopment interventions in Taranto;
  • 2017 (in progress): member of the Board of Arbitrators of Cisambiente (Confederation of Business Services for the Environment);
  • 2018 - 2019: Adjunct Professor in Administrative Law II at the School of Specialization in Legal Professions of the Faculty of Law of the Lumsa University;
  • 2019 - 2020: Adjunct Professor in Administrative Law II at the School of Specialization in Legal Professions of the Faculty of Law of the Lumsa University;
  • 2019 - 2020: Adjunct Professor in Administrative Law at the School of Specialization in Legal Professions of the University of Palermo
Menu