SEMPLIFICAZIONI PROCEDURALI E NUOVI CENTRALISMI IN MATERIA PAESAGGISTICA E AMBIENTALE

Abstract

The analysis of the decision of the Council of State, Studies Office about landscape and building industry matters, leads to some refl ections on the legal framework on landscaping authorisation required under article 146 of Legislative Decree n. 42/2004. In particular, after a short excursus on landscape and its governance from organizational point of view, the article  deals with the issue of the superintendent’s advice in this procedure, and what happens in case of his inertia. Legal and juridical interpretations on the matter are listed by the Council of State, and it represents the occasion to meditate upon the application of the simplifying remedy offered by the article 17 of the Administrative Procedure Act (Law n. 241/1990). The circumstance leads to a further critical analysis about the various changes introduced by the Recovery and Resilience Plan, with regards to the establishment of a super-Superintendent for the protection and valorisation policies of the landscape.