DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), I/2021, p. 46 – 60
Abstract. The technical regulation of the National Civil Aviation Authority and its relationship with the governmental
secondary legislation: some notes on a recent decision by the Supreme Court of Cassation. The recent judgement of the Italian Supreme Court of Cassation commented on herein, provides an opportunity to highlight the delicate profiles of the relationship between governmental regulatory sources and technical regulatory sources issued by the National Civil Aviation Authority (ENAC) as regards the licensing of aeronautical personnel. This matter is characterised by a considerable regulatory interlacement of technical rules dictated at an international, European Union and national levels. This complex regulatory framework takes into consideration Presidential Decree No. 566/1988, as well as EEC
Regulation No. 3922/91, the ENAC “Technical Regulations on Release and Renewal of Piloting Licenses” (2010 edition) transposing the JARs, i.e. the common rules adopted by the Joint Aviation Authorities to regulate matters relating to civil aviation, and EU Regulation No. 1178/11. It will therefore be pointed out that, in the first place the Rome Court of Appeal followed by the Court of Cassation implicitly equated government regulations with the technical rules issued by the Italian Civil Aviation Authority which, at a national level, is identified as the body with the power to regulate, certify, supervise and control the civil aviation sector.