This paper, following the judgement of the Catania Regional Administrative Court no. 2270/2022, aims to reconstruct the scope of the administrative judge's reviewability in relation to integrated environmental authorisation measures, with a focus on the results of the technical consultancy carried out in the judicial phase. To this end, it first analyses the discipline and purposes of the authorisation procedure, also in its review phase, to understand how the elements of technical complexity permeate the matter. It then highlights the necessity and appropriateness of an in-depth preliminary investigation within the procedure, which must be taken into account while motivating such measures. Then, analysing the discipline of the controversial institute of technical consultancy, an attempt is made to identify the scope of its application and, considering the reticent behaviour of administrative judges in this regard, to understand how it can be applied to environmental disputes for the full protection of the interests at stake, also in relation to the principle of equality of the parties. Lastly, the paper focuses on the specific issue of the results of the technical consultancy and their usability in the motivation of the judgement, an indispensable element for the purposes of justice that can and must make full use of the results of the technical consultancy if correctly carried out.
Complessità e ambiente: quale il ruolo delle risultanze della consulenza tecnica? / F.S. Duranti. - In: RIVISTA GIURIDICA DELL'AMBIENTE. - ISSN 0394-2287. - 38:2(2023), pp. 631-654.
Complessità e ambiente: quale il ruolo delle risultanze della consulenza tecnica?
F.S. Duranti
2023
Abstract
This paper, following the judgement of the Catania Regional Administrative Court no. 2270/2022, aims to reconstruct the scope of the administrative judge's reviewability in relation to integrated environmental authorisation measures, with a focus on the results of the technical consultancy carried out in the judicial phase. To this end, it first analyses the discipline and purposes of the authorisation procedure, also in its review phase, to understand how the elements of technical complexity permeate the matter. It then highlights the necessity and appropriateness of an in-depth preliminary investigation within the procedure, which must be taken into account while motivating such measures. Then, analysing the discipline of the controversial institute of technical consultancy, an attempt is made to identify the scope of its application and, considering the reticent behaviour of administrative judges in this regard, to understand how it can be applied to environmental disputes for the full protection of the interests at stake, also in relation to the principle of equality of the parties. Lastly, the paper focuses on the specific issue of the results of the technical consultancy and their usability in the motivation of the judgement, an indispensable element for the purposes of justice that can and must make full use of the results of the technical consultancy if correctly carried out.File | Dimensione | Formato | |
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