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Free Practice Questions for Concorso Referendario TAR

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Key Facts: Concorso Referendario TAR Exam

59

Posts (raised from 51)

D.P.C.M. 25 June 2026

4 × 8 hours

Written Essays

D.P.C.M. 15 April 2025, Art. 9; notice on written-test procedures

40/50

Minimum Written Average and Oral Score

D.P.C.M. 15 April 2025, Art. 9

35/50

Minimum in Each Written Test

D.P.C.M. 15 April 2025, Art. 9

€50

Competition Contribution

D.P.C.M. 15 April 2025, Art. 5

Italy's TAR referendario competition combines titles, four eight-hour written essays and a broad oral; candidates need a 40/50 written average (no test below 35/50) and 40/50 in the oral. This bank is an independent English-language MCQ study adaptation.

Sample Concorso Referendario TAR Practice Questions

Try these sample questions to review concepts for the Concorso Referendario TAR exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 2, paragraph 1, of Law 241/1990, how must an administration conclude a procedure when an application is manifestly inadmissible or unfounded?
A.It may simply stay silent, since silence on a manifestly unfounded application counts as a rejection
B.It must still adopt a fully reasoned measure after completing the whole investigation of the application
C.With an express measure in simplified form, whose reasons may briefly cite the decisive point of fact or law
D.By returning the application to the applicant without adopting any measure, since no procedure has formally started
Explanation: Article 2, paragraph 1, of Law 241/1990 requires administrations to conclude every procedure that must follow an application, or must be started ex officio, with an express measure. Where they find the application manifestly unreceivable, inadmissible, improcedibile or unfounded, they conclude the procedure with an express measure in simplified form, whose reasoning may consist of a brief reference to the point of fact or law considered decisive.
2Under Article 21-septies of Law 241/1990, which defect makes an administrative measure null rather than annullable?
A.Absolute lack of attribution of the power exercised
B.Failure to give notice of the start of the procedure to the addressee
C.Excess of power for manifest illogicality of the reasoning
D.Relative incompetence of the office that adopted the measure
Explanation: Article 21-septies of Law 241/1990 makes a measure null if it lacks essential elements, is vitiated by absolute lack of attribution, was adopted in breach or evasion of a final judgment, or in other cases expressly provided by law. Other defects, such as breach of law, relative incompetence and excess of power, make the measure annullable under Article 21-octies.
3Under Article 1460 of the Civil Code, when may a party to a contract with mutual obligations refuse to perform?
A.Whenever the other party is late, even by a few days and even if the delay is insignificant
B.Only after obtaining a court order authorizing the suspension of its own performance under the contract, on an urgent application
C.Only if the contract contains an express termination clause that the party has already invoked
D.If the other party does not perform or offer to perform at the same time, and the refusal is not contrary to good faith
Explanation: Article 1460 c.c. allows each party to a contract with mutual obligations to refuse performance if the other does not perform, or offer to perform, at the same time. This does not apply where the parties agreed different times of performance or these follow from the nature of the contract. Under the second paragraph, performance may not be refused if, in the circumstances, the refusal is contrary to good faith, for example because it is disproportionate to a minor breach.
4Which symptom of excess of power (eccesso di potere) occurs when an administration uses a power for a purpose other than the one for which the law granted it?
A.Disparity of treatment (disparità di trattamento)
B.Misuse of power (sviamento di potere)
C.Misrepresentation of facts (travisamento dei fatti)
D.Contradiction between measures (contraddittorietà tra atti)
Explanation: Sviamento di potere is the classic form of excess of power: the administration pursues an end other than the specific public interest for which the power was conferred, such as a private interest or a different public purpose. The other symptoms concern unequal treatment of similar situations, incorrect factual premises and inconsistency between acts.
5Under Article 17-bis of Law 241/1990, what happens if an administration whose consent (assenso, concerto or nulla osta) is needed for another administration's measure does not respond in time?
A.The procedure is suspended until the silent administration responds, however long that takes
B.The proceeding administration must bring an action against silence before the competent regional administrative court
C.Consent is deemed given after thirty days, or ninety for environmental, landscape, heritage and health bodies
D.The measure becomes null, and the whole procedure must start again from the beginning
Explanation: Article 17-bis of Law 241/1990 requires administrations and public service managers whose consent, concert or clearance is needed for another administration's measure to respond within thirty days of receiving the draft measure. The term can be interrupted once for specific investigative needs. When it expires without a response, consent is deemed acquired. The rule also applies to bodies protecting the environment, landscape, cultural heritage and health, but for them the term is ninety days unless the law or regulations provide otherwise. Disagreements between State administrations are resolved by the President of the Council of Ministers after a Council of Ministers resolution.
6Under Article 21-quinquies of Law 241/1990, how is the indemnity for revocation calculated when the revoked measure affects contractual relationships (rapporti negoziali)?
A.Only actual loss, taking account of the parties' knowledge of, and contribution to, the conflict with the public interest
B.Full damages, including loss of profit, calculated under the general rule of Article 1223 of the Civil Code on contractual loss
C.No indemnity is due, because revocation acts retroactively and restores the prior situation
D.An amount fixed by law at 10% of the contract value, whatever the actual loss suffered
Explanation: Revocation of a measure with continuing effects makes it unable to produce further effects. If it harms the parties directly concerned, the administration must pay an indemnity. Under paragraph 1-bis, where revocation affects contractual relationships, the indemnity is limited to actual loss (danno emergente), taking into account the parties' possible awareness of, or contribution to, the measure's inconsistency with the public interest.
7Under Article 21-nonies, paragraph 2, of Law 241/1990, when may an administration validate (convalidare) an annullable measure?
A.At any time, including for measures that are null rather than annullable
B.Only with the written consent of all the interested parties to the procedure
C.Only after the TAR has declared the measure unlawful in a final judgment
D.Where public-interest reasons exist and within a reasonable time
Explanation: Article 21-nonies, paragraph 2, of Law 241/1990 preserves the possibility of validating an annullable measure where there are public-interest reasons and within a reasonable time. Validation removes the defect of a measure that is annullable, for example one adopted by a relatively incompetent body. It cannot cure null measures.
8Under Article 20, paragraph 2-bis, of Law 241/1990, how can a private party show that silent assent has formed on its application?
A.Only by obtaining a TAR judgment declaring that the silent assent has formed on the application
B.Through an attestation the administration must issue electronically or send within ten days, or else the party's own declaration
C.By a notarial deed recording that the time limit for the administration's decision has expired
D.Silent assent cannot be proved at all; the party must file a new application and wait for an express decision on it
Explanation: Article 20, paragraph 2-bis, of Law 241/1990 requires the administration, where silence counts as acceptance, to issue electronically and automatically an attestation that the time limit has expired and the application is therefore granted, without prejudice to the effects already produced. For procedures not yet digitized, it must send the attestation ex officio to the email address given in the application within ten days of the silent assent forming. If it fails to do so, the attestation is replaced by the private party's declaration under Article 47 of D.P.R. 445/2000, or by that of the qualified designer.
9An administration fails to decide an application within the statutory term, and no rule gives its silence the meaning of assent or rejection. What legal situation arises?
A.Silent rejection (silenzio-rigetto), which can be challenged by an annulment action within 60 days
B.Silent assent (silenzio-assenso), since favourable silence is the general rule for all applications to public administrations
C.Unlawful silence (silenzio-inadempimento), challengeable by the action against silence under Articles 31 and 117 CPA
D.Loss of the administration's power to decide the application once the statutory term has expired
Explanation: Where the term for concluding a procedure expires without an express decision, and no rule attaches the meaning of assent or rejection, silenzio-inadempimento arises. The applicant may ask the official holding substitute powers to decide (Article 2, paragraph 9-ter, of Law 241/1990) or bring the action under Articles 31 and 117 of the Code, which may be brought while the default continues and in any case within one year of the expiry of the term.
10Under Article 1419 of the Civil Code, what happens when a single clause of a contract is null?
A.The whole contract is always null, whatever the importance of the clause to the parties
B.The null clause is always simply deleted, and the rest of the contract remains valid in every case, whatever the parties intended
C.The contract becomes voidable at the request of either party within five years of its conclusion
D.The whole contract is null only if the parties would not have made it without that clause; mandatory substitutes save it
Explanation: Article 1419, first paragraph, c.c. provides that partial nullity or nullity of individual clauses makes the whole contract null if it appears that the parties would not have concluded it without the part affected by nullity. Under the second paragraph, nullity of individual clauses does not affect the contract when the null clauses are replaced by operation of law with mandatory rules.

About the Concorso Referendario TAR Exam

The referendario TAR competition recruits judges for Italy's regional administrative courts. It is a second-level competition open only to magistrates, State lawyers, experienced public officials, academics, senior lawyers and certain elected councillors. The competition called in April 2025, raised from 51 to 59 posts, held four written essays on 17–20 February 2026 in private law, administrative law, an administrative law practical test, and public finance and financial law, followed by orals in autumn 2026. OpenExamPrep offers independent practice for these areas as an English-language MCQ study adaptation. It keeps Italian legal terms and statutory references but is not an official translation and does not replace essay or oral practice.

Exam sponsor: Presidenza del Consiglio dei Ministri — Ufficio del Segretario generale, Servizio personale delle magistrature. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Titles: assessed before the written tests are marked. Written: four essays of eight hours each on private law, administrative law, public finance and financial law, and a practical test in administrative law, using only codes, laws and Italian dictionaries without commentary. Admission to the oral requires an average of 40/50 with no test below 35/50. Oral: the written subjects plus constitutional law, criminal law, civil and criminal procedure, public and private international law, labour law and political economy, with at least 40/50 required; up to two optional language tests add up to 2 points each.

Time Limit

8 hours for each written test

Passing Score

Written average of at least 40/50 with no test below 35/50; oral at least 40/50

Exam / Certification Fees

€50.00 contribution (non-refundable)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

24%

Private Law

Contracts, representation, obligations, guarantees, damages, prescription and forfeiture.

22%

Substantive Administrative Law

Law 241/1990, invalidity, autotutela, silence, agreements and legitimate reliance.

22%

Administrative Procedure (Code of Administrative Procedure)

Jurisdiction, actions, interim relief, evidence, appeals, special rites and ottemperanza.

23%

Constitutional, EU and Public Finance Law

Public finance theory, tax principles, budget rules, EU fiscal governance, State aid and EU law primacy.

9%

Public Contracts

Key rules of D.Lgs. 36/2023 on awards, qualification, exclusions, price revision and subcontracting.

Preparing for the Concorso Referendario TAR Exam

What You Need to Know

  • Passing score: Written average of at least 40/50 with no test below 35/50; oral at least 40/50
  • Assessment: Titles: assessed before the written tests are marked. Written: four essays of eight hours each on private law, administrative law, public finance and financial law, and a practical test in administrative law, using only codes, laws and Italian dictionaries without commentary. Admission to the oral requires an average of 40/50 with no test below 35/50. Oral: the written subjects plus constitutional law, criminal law, civil and criminal procedure, public and private international law, labour law and political economy, with at least 40/50 required; up to two optional language tests add up to 2 points each.
  • Time limit: 8 hours for each written test
  • Exam / certification fees: €50.00 contribution (non-refundable) Official sources

Using Our Practice Resources

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Concorso Referendario TAR: Suggested Study Strategy

1Give private law and public finance the same weight as administrative law: each is one of the four written tests.
2Practise eight-hour essays using only plain codes and laws, as permitted in the written tests.
3Track recent changes, such as Law 182/2025 on ex officio annulment, the 120-day term now set by Article 82 of the Code of Administrative Procedure, and D.Lgs. 209/2024 on public contracts.
4Prepare the oral-only subjects (constitutional, criminal, procedural, international and labour law, political economy) early.
5Use MCQ explanations to check statutory details, then turn them into structured essay outlines.

Frequently Asked Questions

How is the TAR referendario competition structured?

Under the D.P.C.M. of 15 April 2025, the competition combines an assessment of titles with four written essays of eight hours each: private law, administrative law, public finance and financial law, and a practical test in administrative law. Candidates who pass take an oral on the written subjects plus constitutional law, criminal law, civil and criminal procedure, public and private international law, labour law and political economy.

What scores are needed?

Each written test is marked out of 50. Candidates need an average of at least 40/50 across the four tests, with no test below 35/50, to reach the oral, where at least 40/50 is required. The final score adds titles, written and oral marks, plus up to 2 points for each of up to two optional foreign languages.

Who can apply?

Only the categories listed in the bando: for example, ordinary magistrates after their traineeship, accounting and military magistrates of equivalent rank, avvocati and procuratori dello Stato in the second salary class, public employees with a law degree and five years in graduate-level or managerial roles, university law teachers and researchers with five years' service, lawyers enrolled for at least eight years, and councillors with a law degree who served five years or a full term. The contribution is €50.

What is the status of the 2025 competition?

The written tests were held on 17–20 February 2026 in Rome. The posts were raised from 51 to 59 by D.P.C.M. of 25 June 2026, the list of candidates admitted to the oral was published in July 2026, and the oral calendar runs from 13 October to 11 November 2026 at Palazzo Spada.

Are OpenExamPrep questions official competition questions?

No. OpenExamPrep provides independent practice for the subjects of the TAR referendario competition as an English-language MCQ study adaptation. The real tests are Italian-language essays and an oral examination, so practise timed essays and oral answers alongside these questions.