"Lack of a prevailing public interest" is how the TAR "beaten" the municipality of Casamicciola and saved the taxi driver

A dramatic turn of events on the sidelines of the tourist season on the island of Ischia. With a decree published on July 17, 2025, the Regional Administrative Court of Campania granted the precautionary motion filed by the taxi driver's lawyer, Vito Mazzella, ordering the Municipality of Casamicciola Terme to immediately return the taxi license confiscated only two days earlier. This clear decision contradicts the municipal administration's actions, deeming the basis for the fine as legally unfounded.

THE STORY – It all began with Executive Order No. 47 of July 4, 2025, by which the Municipality of Casamicciola Terme ordered the ten-day suspension of the taxi license registered to the appellant, making the measure immediately enforceable. The license was withdrawn on July 15, the date on which the measure was notified and the suspension was simultaneously implemented.

At that point, Attorney Vito Mazzella appealed the order, requesting an urgent suspension pursuant to Article 56 of the Administrative Procedure Code. On July 16, however, with Presidential Decree No. 1605/2025, the single-judge petition was rejected: according to the Regional Administrative Court, the suspension period had already expired. This assessment, which the attorney immediately disputed, pointing out an error in the chronological reconstruction of the facts: the suspension had been notified and had begun to take effect precisely on July 15, the same day the appeal was filed.

THE REVERSE – In less than 24 hours, the Regional Administrative Court (TAR) itself reversed its decision. With a decree dated July 17, 2025, signed by President Paolo Corciulo, the court recognized the legal inaccuracy of its previous decision: "The effective date does not depend on the voluntary surrender of the license, but rather on notification of the provision," the order states, and "there is no notification prior to July 15, the date from which the suspension must therefore take effect." Furthermore, the Regional Administrative Court (TAR) emphasized the lack of an overriding public interest that could justify the immediate implementation of the suspension, openly speaking of "serious harm resulting from the suspension of the business, which is the sole source of income for the applicant's family." Therefore, "in the absence of overriding reasons of public order and safety," the request was granted, and the Municipality was required to return the license.

LAWYER MAZZELLA'S ACCUSATIONS In his appeal to the Regional Administrative Court (TAR), Attorney Mazzella leveled severe criticism at the municipal administration, accusing it of adopting a measure "tainted by a comprehensive lack of due process, a lack of reasoning, abuse of power, and misuse of administrative action." He denounced the lack of the mandatory opinion of the Municipal Advisory Commission and the immediate implementation of the suspension, calling it "abnormal, disproportionate, and in breach of the right to a fair hearing." According to Mazzella, the withdrawal of the license at the same time as the notification would have prevented the taxi driver from having any real opportunity to appeal to the administrative courts in a timely manner. Even more serious, according to the lawyer, are the manner in which the existence of a pending appeal to the Prefect was ignored and the unequal treatment of other taxi drivers fined for identical alleged violations, yet not subjected to similar measures. "An administration cannot transform its power to impose sanctions into a personal punitive tool," Mazzella declared, calling for the municipal ordinance to be completely revoked.

QUESTIONABLE MANAGEMENT: This case highlights the questionable management of the power to impose sanctions by the Municipality of Casamicciola Terme. The administrative conduct was censured by the Regional Administrative Court (TAR) for the lack of a public interest sufficient to justify sacrificing the right to work during the height of the tourist season. Significantly, the Court, while not finding a material error in its initial decision, acknowledged a legal error (error in iudicando), revoking the previous decree and affirming the need for effective and immediate protection.

NEXT HEARING: The collegial hearing is scheduled for September 4, 2025. In the meantime, the taxi driver will be able to return to work, but the legal battle continues. For now, however, the Regional Administrative Court (TAR) has sent a clear signal: administrative power cannot be exercised to the detriment of fundamental rights, especially in the absence of solid justifications and compliance with procedural guarantees.