Responsibility of Public Administration and Emissions: Analysis of the Supreme Court Ruling No. 14209 of 2023

The recent ruling by the Supreme Court, No. 14209 of 2023, has reignited the debate on the responsibility of Public Administration (P.A.) concerning intolerable noise emissions. In particular, the case involved spouses A.A. and B.B., who reported the Municipality for the disturbance caused by nighttime noise, raising crucial questions regarding jurisdiction and the duties of the P.A. to ensure public tranquility.

The Case and the Court's Decision

Spouses A.A. and B.B. had requested the Municipality's intervention to stop the noise emissions coming from patrons of commercial establishments, arguing that such disturbances violated their right to health and peace. However, the Court of Appeals of Brescia had rejected their requests, stating that the P.A. was not obliged to intervene without a specific legal provision imposing active control over the public road.

The Supreme Court established that the responsibility of the P.A. must also be assessed based on the principle of neminem laedere, with particular reference to the protection of citizens' fundamental rights.

The Supreme Court, accepting the spouses' appeal, emphasized that the P.A. must comply with technical rules and standards of diligence in managing public assets. This means that, in the face of intolerable emissions, citizens have the right to request not only compensation for damages but also the adoption of preventive measures.

The Implications of the Ruling

The Court's decision has significant implications for Italian jurisprudence. In particular, it clarifies that:

• The jurisdiction of the ordinary judge also extends to cases of P.A. responsibility for intolerable emissions.
• The P.A. is required to adopt concrete measures to ensure public tranquility, in line with current regulations, such as Law No. 447 of 1995 on noise pollution.
• The constitutional principle of health protection (art. 32 Cost.) and property (art. 42 Cost.) must be guaranteed even in relation to the actions of the P.A.

This ruling represents a significant step toward greater accountability of the P.A. and recognition of citizens' rights, especially in contexts of noise disturbance. The Court clarified that it is not enough to refer to a generic duty to ensure public tranquility, but concrete and measurable intervention is required.

Conclusions

In conclusion, the ruling No. 14209 of 2023 by the Supreme Court marks an important milestone for citizens' rights against intolerable emissions. It emphasizes that the responsibility of the P.A. cannot be evaded and that citizens have the right to expect effective measures for the protection of their health and environment. This case could set an important precedent for future similar disputes, reinforcing the principle that the P.A. must act proactively to ensure the quality of life for citizens.